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Administrative Law 5th Ed

This book examines the principles of administrative law and just administrative action, the control of administrative action, the judicial review thereof and available remedies.

Publication Language: English

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ISBN/ISSN: 9780639008820
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ISBN/ISSN: 9780639008837
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Product description

This book examines the principles of administrative law and just administrative action, the control of administrative action, the judicial review thereof and available remedies.

The approach adopted in the first four editions has been retained, namely that administrative law is a specialized branch of constitutional law and that a sound knowledge of constitutional law and a thorough understanding of the Constitution of the Republic of South Africa, 1996 are prerequisites for an understanding of administrative law.

 

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Table of contents

Chapter 1: - The foundation of South African administrative law

Chapter 2: - The primary sources of administrative law: The constitutional right to just administrative action and the promotion of administrative justice act

Chapter 3: - The sources of administrative law

Chapter 4: - The separation of powers

Chapter 5: - Transformative constitutionalism and its impact on administrative law

Chapter 6: - The classification of administrative action

Chapter 7: - The concept €œadministrative action€?

Chapter 8: - The requirements for the achievement and upholding of the right to just administrative action

Chapter 9: - The requirements for the proper exercise of general administrative powers and functions

Chapter 10: - The administrator's duty to act fairly €“ section 3 of Promotion of Administrative Justice Act

Chapter 11: - Procedural fairness which affects the public €“ section 4

Chapter 12: - Written reasons for administrative action €“ section 5

Chapter 13: - The control of administrative action under a system of constitutional supremacy

Chapter 14: - Statutory grounds of judicial review of administrative action section 6(2)

Chapter 15: - Non-compliance with formal requirements relating to administrative action €“ section 6(2)(b)

Chapter 16: - Judicial review of procedural unfairness €“ section 6(2)(c)

Chapter 17: - The action was materially influenced by an error of law €“ section 6(2)(d)

Chapter 18: - The review of discretionary power €“ section 6(2)(e)

Chapter 19: - The review of irrational, unreasonable and disproportionate decision-making section 6(2)(f) and (h)

Chapter 20: - Failure to take a decision as a ground of review €“ section 6(2)(g)

Chapter 21: - Action that is otherwise unconstitutional or unlawful section 6(2)(i)

Chapter 22: - Procedural issues surrounding judicial review

Chapter 23: - Procedural issues surrounding judicial review

Chapter 24: - Remedies and orders