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Title: | The 'administrative justice' provision of the Constitution of the Republic of Namibia: a constitutional protection of judicial review and tribunal adjudication under administrative law |
Author: | Parker, C. |
Year: | 1991 |
Periodical: | The Comparative and International Law Journal of Southern Africa |
Volume: | 24 |
Issue: | 1 |
Pages: | 88-104 |
Language: | English |
Geographic term: | Namibia |
Subjects: | constitutions 1990 administrative law |
Abstract: | Namibia, Africa's last colony, gained her independence on 21 March 1990. The Constution of the new Republic contains 148 articles which are grouped into 21 chapters, each chapter dealing with a major topic. Chapter 3 deals with a Bill of Rights. Article 18 of this chapter deals with administrative justice. Through this article an individual's right to judicial review and extrajudicial adjudication of administrative action, which in almost all of the Commonwealth is a common law right, has been transformed into a fundamental human right protected by the Constitution. This paper examines the meaning and scope of the key terms and concepts used in Article 18 within the context of the principle of judicial review and extrajudicial adjudication of administrative action under administrative law. It shows that this article offers an opportunity for the mass of the people to ensure that administrative authorities are not allowed to ride rough-shod over the rights, freedoms, interests and reputation of individuals with impunity. Ref. |