Administrative law in south africa cora hoexter pdf

Hahlo and kahn the south african legal system and its background 1968. Joseph and others v city of johannesburg and others 2010 4 sa 55 cc. Chapter 1 introduction to the promotion of administrative. Adl2601 6 requirements for valid administrative action. In recent years other courts have simply assumed that the question was decided by a majority of the court in new clicks. The result of these provisions has been that the concept of administrative action has moved to the centre stage in south african administrative law. Sabinet administrative law in south africa, by cora. The administrative justice association of south africa 1 administrative justice association of south africa conference. Cora hoexter, administrative law in south africa 1 2d ed. Administrative law in south africa paperback, 2nd ed. But it seems that south african administrative law does still need the rule of law.

In the 1970s and 1980s there was a resurgence of interest in the rule of law amongst south african liberals. Researcher, south african institute of advanced constitutional, public, human rights, and international law, a centre of the university of johannesburg. By cora hoexter,professor of law,university of the witwatersrand, with rosemary lyster, senior lecturer in law, university of sydney. The principle of legality in south african administrative law online. South african administrative law is the branch of public law in that country which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in present. South african administrative law is the branch of public law in that country which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in presentday south africa, which regulates the activities of bodies that exercise public powers or perform public functions, irrespective of whether those. Administrative law in south africa paperback 2nd edition there are no offers currently available for this product. The high level of activity in the courts in response to. A brief drafting history of the act interim constitution 1. Add to enquiry administrative law in south africa ebook isbn 9780702199257.

Cora hoexter administrative law in south africa 2nd edition 2012. University of south africa muckleneuk, pretoria adl26011201120 98638114 3b2 adl style. Further, administrative law a is designed to build onto the. In what follows i hope to explain why this is so, and how our constitutional. The major argument is that there has been a lack of a knowledgebased approach to the discipline in both the apartheid and democratic south africa. Administrative law southern african legal information. Edited by iain currie, associate professor of law, university of the witwatersrand. Oxford university press administrative justice in south. The evolution of the discipline from apartheid days through to the present is traced. Introduction albutt v centre for the study of violence and.

Cora hoexter administrative law in south africa 2 ed 2011 403. Administrative law a is a final year course for the llb degree. Cora hoexter the dismissal of employees in the public sector is as much a matter of administrative law as it is one of labour law or so we all thought, encouraged by the judgment of the appellate division in administrator, transvaal v zenzile. The principle of legality in south african administrative law informit. Promotion of administrative justice act, 2000 wikipedia. The administrative justice clause s 24 in the bill of rights entrenched a right to administrative action which was lawful. Cora hoexter is a professor in the school of law at the university of the witwatersrand, johannesburg, and is currently president of the administrative justice association of south africa. The south african law commissions draft administrative justice bill described the concept of administrative action widely. The administrative justice association of south africa. Context matters and todays system of south african administrative law is quite evidently a product of the sociopolitical background out of which it evolved. Pdf administrative law adjudication a case for formalist. The second edition has been thoroughly updated with all case law from the end of 2006 to 2011.

Juta 2007 has quickly come to be regarded as the baxter of the constitutional era, cited frequently in the courts, and leading the way in the development of concepts key to the success of this. The place of the judiciary in a constitutional democracy 2006 61 at 64. One of the most important things that the constitution does is to make south africa a constitutional democracy. I am grateful to cora hoexter for helpful feedback on a draft of this article. Professor cora hoexters administrative law in south africa cape town. Administrative law in south africa cora hoexter chapter 1 introduction to administrative law 1. Administrative law is a final year course for the llb degree and offered over the. In current south african law, it is possible for the official who made the decision. In search of a definition for administrative action. Pdf administrative action in the courts cora hoexter. Administrative law in south africa paperback, 2nd ed author. Administrative arbitration civil procedure clinical see all law titles. Cora hoexter, chris mcconnachie, khomotso moshikaro, melanie murcott, and.

Juta 2007 has quickly come to be regarded as the baxter of the constitutional era, cited frequently in the courts, and leading the way in the development of concepts key to the success of this field of law. Cora hoexter administrative law in south africa 2 ed 2011. This new edition retains the comprehensiveness, clarity and accessibility of the first edition. Administrative law in the common law world a community.

The application of just administrative action in the south. The south african administrative law of predemocratic era has been aptly described as a pale reflection of the english law of a bygone age. Administrative action, the principle of legality and. It aims to enable students to know the important and sophisticated body of law governing the exercise and control of public power in south africa. According to hoexter, the unrepresentative legislature used its. The constitution south africa is governed by the constitution of the republic of south africa, act 108 of 1996 the constitution. The promotion of administrative justice act 3 of 2000 paja, which was. Sabinet administrative law in south africa, cora hoexter. Uct press catalogue african studies business and management. I also benefited from discussions with david bilchitz. C hoexter administrative law in south africa 2nd edition, 2012 546550. A community blog edited by farrah ahmed, swati jhaveri, and joe tomlinson.

Administrative law under south africas interim constitution, the american journal of comparative law, volume 44, issue 3, 1 july 1996, pages 3 we use cookies to enhance your experience on our website. I am grateful for the opportunity to have presented the paper, and for the feedback and input of professors cora hoexter, geo quinot, michael kidd. As professor cora hoexter, a leading expert on south african administrative law, remarks. Administrative law in south africa paperback 2nd edition. Hoexter, cora the principle of legality in south african. Radley henrico the need to develop the principle of legality in south african administrative law to include proportionality as a. Professor cora hoexter s administrative law in south africa cape town. Promotion of administrative justice act administrators guide 4 a. An introduction offers a clear, comprehensive and practical explanation of administrative justice in south africa.