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Judicial Review of Administrative Action in South Africa

Judicial Review of Administrative Action in South Africa is the first comprehensive guide to the application of the Promotion of Administrative Justice Act.

Publication Language: English
Print
R1,228.88
Quantity
In Stock
Published:
ISBN/ISSN: 9780409015348

Product details

Judicial Review of Administrative Action in South Africa is the first comprehensive guide to the application of the Promotion of Administrative Justice Act.

The publication contains a detailed analysis of the definitions of the Act, the grounds of review, remedies and procedures and focuses on the grounds of review and the requirements for valid administrative action.

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Table of contents

Introduction to the judicial review of administrative action

Paja and judicial review

Dicey, judicial review and the South African courts pre-1994

Criticism of the Diceyan model

Dicey and the drafting of the administrative justice clauses and of Paja

The administrative justice clauses, Paja, the courts and Dicey

The Constitutional Court

The Supreme Court of Appeal

Academics and Dicey

The Constitution, Paja and judicial review

Procedure

Substance

Appeal and review

Expertise/institutional competence

The purpose of the statute

The nature of the problem

Conclusion

Administrative action

The definition of administrative action

The variation and revocation of administrative action

Subsequent validation of invalid administrative action

Lawfulness

Authority

Errors of law and errors of fact

Lawful purpose or motive

Mala fides

For a reason not authorised by the empowering provision

Relevant and irrelevant considerations

Failure to act

Otherwise unconstitutional or unlawful

Reasonableness

Introduction

Arbitrariness

Irrationality

Proportionality

Unreasonableness

Reasonableness under the 1996 Constitution and Paja

Procedural fairness

Procedural fairness: Notice and hearing

Procedural fairness: Impartiality

Procedural fairness: General principles

Reasons

Introduction

The Constitution and section 5 of Paja

Judicial review: Procedure and remedies

Procedure: Rule 53 of the Uniform Rules

Onus of proof

Remedies

Restrictions on judicial review

The person bringing the application

Timing of the application

The nature of the administrative action

The forum to hear the dispute

Administrative convenience (good government)