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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Administrative justice: a cornerstone of South Africa's democracy
Author:Corder, HughISNI
Periodical:South African Journal on Human Rights
Geographic term:South Africa
rule of law
administrative law
External link:https://doi.org/10.1080/02587203.1998.11834967
Abstract:This article discusses the issues which must be addressed in the course of drafting legislation to further administrative justice in South Africa. These issues are the scope of application of the right to administrative justice, the setting of basic standards of lawfulness and procedural and substantive fairness in administrative action, the formulation of a coherent set of review grounds for application by the courts, and the creation of a specialist independent body to undertake continuous training of those who are obliged to abide by such legislation and those who are potential users of the remedies. The author further outlines ideas about a mechanism which could contribute to the strengthening of democracy in South Africa, arguing that one of the most inexpensive, expeditious, open and politically acceptable methods of promoting pre-emptive respect for administrative justice would be to establish a standing committee for the scrutiny of all Bills and subordinate legislation against the standards required by section 33 of the 1996 Constitution. Notes, ref.