Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.603954
Title: Restoring law and order : the impact of the new constitutional order on the judicial review of administrative action
Author: Henderson, A.
Awarding Body: University of Cambridge
Current Institution: University of Cambridge
Date of Award: 1999
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Abstract:
The advent of the new constitutional order on the 27th of April 1994 has brought about a fundamental change in the law governing judicial review in South Africa. By guaranteeing everyone the right to just administrative action and providing for the enactment of legislation to give effect to this right the Constitution of the Republic of South Africa, Act 108 of 1996 has consolidated and introduced rules that govern the judicial review of administrative action: It has helped restore law. However it has also brought order to the judicial review of administrative action, which was in a state of chaos before the advent of the new constitutional order. This is the most important aspect of the impact of the new constitutional order on the judicial review of administrative action. The advent of constitutional supremacy means that judicial review is justified and explained ultimately by reference to the Constitution. For, the identification of specially entrenched principles such as 'the rule of law' and 'democratic government' helps to explain the relationship between the courts and Parliament with regard to the control of the executive. While the principle of the separation of the powers, identified implicitly in the Constitution, helps to explain the relationship between the courts and the executive and the limits of judicial review. Moreover, by providing the ultimate source for the exercise of every power that is subject to judicial review and helping to define the limits of those powers the Constitution helps to explain what is meant by 'administrative action'. Finally, by providing express directions for the interpretation of statutes and development of the common law the Constitution has ensured that every application for judicial review will be undertaken with reference to the same set of principles.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.603954  DOI: Not available
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