Administrative justice in South Africa : an introduction : public law / by Geo Quinot, Allison Anthony, Janice Bleazard, Steven Budlender, Raisa Cachalia, Hugh Corder, Meghan Finn, Michael Kidd, Thuli Madonsela, Petrus Maree, Melanie Murcott, Mfundo Salukazana, Emma Webber.
Material type:
TextPublication details: Cape Town, South Africa : Oxford University Press Southern Africa (Pty) Limited, c2020.Edition: 2nd edDescription: xxiii, 416p. : col. ill. ; 24cmISBN: - 9780190744243
- The development of administrative law in South Africa
- Introduction
- Defining administrative law
- The development of South African administrative law
- The reform of South African administrative law 1990 to 2000
- Outline of the general structure of the promotion of Administrative Justice Act 3 of 2000 (PAJA)
- Outline of the various avenues of judicial review of administrative action in South Africa
- Concluding remarks about the current state of administrative law, and some challenges
- Administrative authorities in legal context
- Introduction
- Concepts and nomenclature
- Constitutional supremacy
- The doctrine of the separation of powers
- Identifying the administration
- Administrative law: a discipline steeped in controversy
- Administrative action
- Introduction
- The separation of powers and the classification of state functions
- Branches capable of performing administrative action
- The meaning of administrative action understood within the phases of development of administrative law
- Administrative action during the pre-constitutional period
- Administrative action during the pre-PAJA constitutional period
- Administrative action under PAJA
- Non-judicial regulation of administrative action
- Control and facilitation
- Legislative regulation
- Internal controls
- Specialised oversight bodies
- Alternative dispute resolution (ADR) in administrative law
- Judicial regulation of administrative action
- The primacy of judicial review
- Review and appeal
- Judicial review
- Deference
- Lawfulness
- Introduction
- Authorisation
- Mistakes
- Procedural fairness
- Introduction
- Procedural fairness in the constitutional era
- Procedural fairness under PAJA
- The rule against bias
- When is procedural fairness demanded of exercises of public power that do not amount to administrative action?
- When is procedural fairness demanded of exercises of private power?
- Reasonableness
- Introduction
- Reasonableness and related grounds of review
- Symptomatic unreasonableness
- Rationality
- Proportionality
- Vagueness
- Reasonableness generally
- Reasonableness and respect
- Reasons
- Introduction
- The right of reasons in section 5 of PAJA
- Adequacy of reasons
- Procedure and remedies
- Inconsistent sets of reasons
- Reasons and legality
- Administrative justice and drafting empowering provisions
- Introduction
- Lawfulness
- Procedural fairness
- Internal remedies
- Standing and procedure for judicial review
- Introduction
- Standing
- Procedure for judicial review
- Remedies in judicial review proceedings
- Introduction
- The nature and purpose of judicial review remedies
- The two-staged approach to remedies
- Declaration of constitutional invalidity
- Setting aside unlawful administrative action
- Remittal
- Substitution
- Compensation
- A declaration of rights
- Interdicts
- Remedies for failure to take a decision
- Non-PAJA remedies
- Costs
- Appealing decisions on remedy
- 23 342.06 .QUI
| Item type | Current library | Home library | Call number | Status | Barcode | |
|---|---|---|---|---|---|---|
Books
|
Ombudsman Library Headquarters Main shelves | Ombudsman Library Headquarters | 342.06 .QUI (Browse shelf(Opens below)) | Available | 0000000003831 |
Includes bibliographical references (p. 369 - 374) and index (p. 403 - 416).
Administrative Justice in South Africa: An Introduction offers a clear, comprehensive and applied explanation of the principles and framework of administrative justice in South Africa. The text addresses both judicial and non-judicial means of control and enforcement, as well as procedural aspects of administrative law. The second edition includes a new unique chapter that considers the implications of administrative justice for the creation of administrative mandates, as opposed to mere control of administrative action once taken, thus employing administrative justice in a more proactive manner. Practical in its approach, the text provides valuable focus on the application of principles to case law, problem-solving methodology, and specific procedural aspects of administrative justice.
Administrative Justice in South Africa: An Introduction offers a clear pedagogical framework that develops independent, critical and reflective engagement with the subject matter. A strong conceptual and enquiring approach enriches knowledge, and engages readers in an interactive, topical and challenging manner. Additional educational resources support learning and teaching, further assisting students to develop the knowledge and academic skills that are required to master their studies."
There are no comments on this title.