In South Africa’s constitutional scheme, all public power, including foreign policy powers, is subject to judicial review for legality, rationality and compliance with the Bill of Rights. However, the scope of the judicial review – and in particular the standard of rationality – is informed by a certain deference to the executive, in order to respect the democratic principle and its institutional competence. The level of deference will depend on the facts and circumstances of each case. This means that the level of scrutiny to be afforded the other branches of government’s respective foreign relations powers and responsibilities cannot be predicted with any degree of confidence. Rather, the particular circumstances and context of the case will be the primary concern of the courts.