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The burgeoning constitutional requirement of rationality and separation of powers has rationality review gone too far?
This thesis presents an analysis of three recent judgments of our apex courts which collectively illustrate a maximising of the 'minimum threshold requirement' of rationality through the seemingly inexhaustible constitutional principle of legality. The question sought to be addressed is whether, in...
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| Format: | Thesis |
| Language: | English |
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Department of Public Law
2014
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| _version_ | 1867613300610564096 |
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| access_status_str | Open Access |
| author | Kohn, Lauren Manon |
| author2 | Corder, Hugh |
| author_browse | Corder, Hugh Kohn, Lauren Manon |
| author_facet | Corder, Hugh Kohn, Lauren Manon |
| author_sort | Kohn, Lauren Manon |
| collection | Thesis |
| description | This thesis presents an analysis of three recent judgments of our apex courts which collectively illustrate a maximising of the 'minimum threshold requirement' of rationality through the seemingly inexhaustible constitutional principle of legality. The question sought to be addressed is whether, in extending this baseline requirement to cover procedural fairness, reason-giving and something akin to proportionality, in the context of non-administrative action and in the absence of any meaningful engagement with the doctrine of separation of powers, the courts are going too far. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/4710 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:33:57.504Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| 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:11427/4710 The burgeoning constitutional requirement of rationality and separation of powers has rationality review gone too far? Kohn, Lauren Manon Corder, Hugh De Vos, Pierre Constitutional and Administrative Law This thesis presents an analysis of three recent judgments of our apex courts which collectively illustrate a maximising of the 'minimum threshold requirement' of rationality through the seemingly inexhaustible constitutional principle of legality. The question sought to be addressed is whether, in extending this baseline requirement to cover procedural fairness, reason-giving and something akin to proportionality, in the context of non-administrative action and in the absence of any meaningful engagement with the doctrine of separation of powers, the courts are going too far. 2014-07-30T18:19:39Z 2014-07-30T18:19:39Z 2013 Master Thesis Masters LLM http://hdl.handle.net/11427/4710 eng application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | Constitutional and Administrative Law Kohn, Lauren Manon The burgeoning constitutional requirement of rationality and separation of powers has rationality review gone too far? |
| thesis_degree_str | Master's |
| title | The burgeoning constitutional requirement of rationality and separation of powers has rationality review gone too far? |
| title_full | The burgeoning constitutional requirement of rationality and separation of powers has rationality review gone too far? |
| title_fullStr | The burgeoning constitutional requirement of rationality and separation of powers has rationality review gone too far? |
| title_full_unstemmed | The burgeoning constitutional requirement of rationality and separation of powers has rationality review gone too far? |
| title_short | The burgeoning constitutional requirement of rationality and separation of powers has rationality review gone too far? |
| title_sort | burgeoning constitutional requirement of rationality and separation of powers has rationality review gone too far |
| topic | Constitutional and Administrative Law |
| url | http://hdl.handle.net/11427/4710 |
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