- Court Must Exercise Restraints When Invoking Supervisory Jurisdiction
Although the court has a panoply of powers at its disposal to ensure that the Constitution is upheld, it must pay due regard to the roles of the other arms of government in a democracy. When it is necessary, the court would not fail to invoke its powers to ensure that policies and legislation comply with the constitution. The court however must not exercise its powers in a manner that precludes the other arms of government from making legitimate choices in their constitutional functions. - Minister of Health v. Treatment Action Campaign