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The application of rationality review in the Constitutional Court
Mini Dissertation (LLM)--University of Pretoria, 2017.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2018
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| _version_ | 1867613670313295872 |
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| access_status_str | Open Access |
| author2 | Brand, Danie (Jacobus Frederick Daniel, 1968- ) |
| author_browse | Brand, Danie (Jacobus Frederick Daniel, 1968- ) |
| author_facet | Brand, Danie (Jacobus Frederick Daniel, 1968- ) |
| collection | Thesis |
| dc_rights_str_mv | © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/65731 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:50.247Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2018 |
| publishDateRange | 2018 |
| publishDateSort | 2018 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/65731 The application of rationality review in the Constitutional Court Brand, Danie (Jacobus Frederick Daniel, 1968- ) THOKAN@DOT.GOV.ZA Thoka, Ngwako Albert UCTD Mini Dissertation (LLM)--University of Pretoria, 2017. Although the Promotion of Administrative Justice Act (PAJA)1 provides for instances where administrative decisions and actions are reviewable, decisions are most likely to be reviewed based on their irrationality. However, there is still uncertainties as to what exactly constitute an administrative action and when is an administrative decision irrational and therefore reviewable. In other words, what is the scope of rationality of administrative actions? There seems to be more questions than there are answers on this aspect, this is mostly caused by the fact that executive as another organ of state in the fore front of administrative decisions has not covered itself in glory in this regard due to a possible lack of understanding of the Constitution, or a simple insouciant, equanimous and lackadaisical interpretation of the Promotion of Administrative Justice Act. This warrants analysis to ascertain what exactly rationality is and where and when is it applicable. Public Law LLM Unrestricted 2018-07-16T07:56:19Z 2018-07-16T07:56:19Z 2018/04/17 2017 Mini Dissertation Thoka, NA 2017, The application of rationality review in the Constitutional Court, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/65731> A2018 http://hdl.handle.net/2263/65731 en © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD The application of rationality review in the Constitutional Court |
| title | The application of rationality review in the Constitutional Court |
| title_full | The application of rationality review in the Constitutional Court |
| title_fullStr | The application of rationality review in the Constitutional Court |
| title_full_unstemmed | The application of rationality review in the Constitutional Court |
| title_short | The application of rationality review in the Constitutional Court |
| title_sort | application of rationality review in the constitutional court |
| topic | UCTD |
| url | http://hdl.handle.net/2263/65731 |