Constitutional authority to enforce the rights of administrative justice and access to information

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Periodical article

Title:	Constitutional authority to enforce the rights of administrative justice and access to information
Author:	Klaaren, Jonathan
Year:	1997
Periodical:	South African Journal on Human Rights
Volume:	13
Issue:	4
Pages:	549-564
Language:	English
Geographic term:	South Africa
Subjects:	constitutions 1996 rule of law administrative law access to information
External link:	https://doi.org/10.1080/02587203.1997.11834957
Abstract:	Employing a structural and institutional mode of constitutional interpretation, this article analyses the authority to enforce the rights of administrative justice and access to information as included in s 32(2) and s 33(3) of South Africa's 1996 Constitution. In particular, the article addresses the following questions: What is the Parliamentary authority to legislate in this area? What is the enforceability of the substantive rights both before and after the passage of the envisaged legislation? How can one determine that the envisaged legislation has been passed? How can the constitutionality of the envisaged legislation be assessed? The dominant view within the legal profession of the administrative justice and the access to information clauses locates all the action within the limitations clause. The present article questions this view, since it fails to adopt a sufficiently democratic model of constitutional law. It argues that the term 'give effect to' in s 32(2) and s 33(3) grants extra enforcement authority to Parliament. Notes, ref.