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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Administrative justice in the final Constitution
Author:Corder, HughISNI
Periodical:South African Journal on Human Rights
Geographic term:South Africa
human rights
administrative law
External link:https://doi.org/10.1080/02587203.1997.11834936
Abstract:Section 33 of the 1996 Constitution of South Africa stipulates that everyone has the right to administrative action that is lawful, reasonable and procedurally fair, that everyone whose rights have been adversely affected by administrative action has the right to be given written reasons, and that national legislation must be enacted to give effect to these rights. The author sets out the background to the drafting of s 33, speculates a little as to its meaning, and considers its consequences for the future development and shape of administrative law in South Africa. He places the codification of administrative law in comparative perspective, noting the main features of the statutory regulation of administrative law in the legal systems of a number of other countries, and suggests that a draft Administrative Justice Act for South Africa incorporate the following five essential features: definitions, rules for rule making, rules for adjudication, clarification of the circumstances of judicial review, and provision for continuous review. Notes, ref.