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Substitution in the South African context - constitutional principles in action
This thesis is a cumulative analysis of the role of substitution as a remedy for maladministration in the public procurement context within the modern constitutionalism in South Africa. It considers the role and position of substitution from a technical and theoretical point of view. The cumulative...
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| Format: | Thesis |
| Language: | Eng |
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Department of Public Law
2024
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| _version_ | 1867613172556365824 |
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| access_status_str | Open Access |
| author | Pinto, Tayla |
| author2 | Kohn, Lauren |
| author_browse | Kohn, Lauren Pinto, Tayla |
| author_facet | Kohn, Lauren Pinto, Tayla |
| author_sort | Pinto, Tayla |
| collection | Thesis |
| description | This thesis is a cumulative analysis of the role of substitution as a remedy for maladministration in the public procurement context within the modern constitutionalism in South Africa. It considers the role and position of substitution from a technical and theoretical point of view. The cumulative analysis is aimed at illustrating that substitution plays an important role within the judicial review remedial framework, that the courts have applied their minds and developed a robust test for substitution and that this is an important tool and process for the ascertainment of the ideals of the democratic and constitutional project outline in the Final Constitution (Constitution). This analysis is conducted against the backdrop of public procurement and its links to service delivery and the furtherance of the democratic project. Substitution to this end can be seen as an example of the constitutional principles envisaged by the Constitution in action in that it promotes the rule of law while protecting and promoting human rights. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/39827 |
| institution | University of Cape Town (South Africa) |
| language | Eng |
| last_indexed | 2026-06-10T12:31:54.917Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| 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:11427/39827 Substitution in the South African context - constitutional principles in action Pinto, Tayla Kohn, Lauren Law This thesis is a cumulative analysis of the role of substitution as a remedy for maladministration in the public procurement context within the modern constitutionalism in South Africa. It considers the role and position of substitution from a technical and theoretical point of view. The cumulative analysis is aimed at illustrating that substitution plays an important role within the judicial review remedial framework, that the courts have applied their minds and developed a robust test for substitution and that this is an important tool and process for the ascertainment of the ideals of the democratic and constitutional project outline in the Final Constitution (Constitution). This analysis is conducted against the backdrop of public procurement and its links to service delivery and the furtherance of the democratic project. Substitution to this end can be seen as an example of the constitutional principles envisaged by the Constitution in action in that it promotes the rule of law while protecting and promoting human rights. 2024-06-03T07:42:48Z 2024-06-03T07:42:48Z 2023 2024-05-31T13:08:59Z Thesis / Dissertation Masters http://hdl.handle.net/11427/39827 Eng application/pdf Department of Public Law Faculty of Law |
| spellingShingle | Law Pinto, Tayla Substitution in the South African context - constitutional principles in action |
| thesis_degree_str | Master's |
| title | Substitution in the South African context - constitutional principles in action |
| title_full | Substitution in the South African context - constitutional principles in action |
| title_fullStr | Substitution in the South African context - constitutional principles in action |
| title_full_unstemmed | Substitution in the South African context - constitutional principles in action |
| title_short | Substitution in the South African context - constitutional principles in action |
| title_sort | substitution in the south african context constitutional principles in action |
| topic | Law |
| url | http://hdl.handle.net/11427/39827 |
| work_keys_str_mv | AT pintotayla substitutioninthesouthafricancontextconstitutionalprinciplesinaction |