Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law
Includes bibliographical references
Saved in:
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Public Law
2016
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613358168997888 |
|---|---|
| access_status_str | Open Access |
| author | Jones, Michael |
| author2 | Corder, Hugh |
| author_browse | Corder, Hugh Jones, Michael |
| author_facet | Corder, Hugh Jones, Michael |
| author_sort | Jones, Michael |
| collection | Thesis |
| description | Includes bibliographical references |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/16661 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:34:52.663Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/16661 The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law Jones, Michael Corder, Hugh Naudé, Tjakie Public Law government procurement awards public accountability Rule of Law Includes bibliographical references The development of subjecting government procurement awards to judicial review is a relatively recent development in South African law. It accords with a similar development in the United States, as well as South Africa's own constitutional requirements of transparency and public accountability. Given the often lucrative nature of public contracts, challenges to the lawfulness of government procurement awards have become a regular occurrence in South Africa. However, the setting aside of such an award does not automatically follow upon a finding of unlawfulness. For a number of reasons, a court may decline to set aside an unlawful government procurement award. This raises a number of interesting questions, particularly with regard to how such a decision may be reconciled with, and the implications this may have for, the principle of legality and the Rule of Law. This dissertation will address these issues, arguing that, ultimately, the concerns are resolved by appreciating the nature of the principle of legality, and the Rule of Law's place as a value in society. 2016-02-01T10:16:47Z 2016-02-01T10:16:47Z 2015 Master Thesis Masters LLM http://hdl.handle.net/11427/16661 eng application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | Public Law government procurement awards public accountability Rule of Law Jones, Michael The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law |
| thesis_degree_str | Master's |
| title | The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law |
| title_full | The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law |
| title_fullStr | The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law |
| title_full_unstemmed | The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law |
| title_short | The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law |
| title_sort | judicial discretion to allow unlawful government procurement awards to stand justification and implications for the principle of legality and the rule of law |
| topic | Public Law government procurement awards public accountability Rule of Law |
| url | http://hdl.handle.net/11427/16661 |
| work_keys_str_mv | AT jonesmichael thejudicialdiscretiontoallowunlawfulgovernmentprocurementawardstostandjustificationandimplicationsfortheprincipleoflegalityandtheruleoflaw AT jonesmichael judicialdiscretiontoallowunlawfulgovernmentprocurementawardstostandjustificationandimplicationsfortheprincipleoflegalityandtheruleoflaw |