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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The constitutional right to just administrative action - are political parties bound?
Author:Thornton, Lisa
Year:1999
Periodical:South African Journal on Human Rights
Volume:15
Issue:3
Pages:351-371
Language:English
Geographic term:South Africa
Subjects:political parties
rule of law
administrative law
Abstract:Political parties play a central role in multiparty democracy. Administrative justice plays an important role in democracy. This article deals with the interrelationships between these two premises in the context of the 1996 Constitution of South Africa. It explores the question as to whether political parties are bound by the constitutional right to just administrative action and, if so, to what extent. To the extent that a political party is exercising a public power or performing a public function in terms of legislation, it is an organ of State. It is therefore bound by the Bill of Rights - including the right to just administrative action - to that extent. It appears that in certain circumstances political parties can be bound to, or are subject to the right to just administrative action, even if they are not exercising a power or performing a public function in terms of legislation. In order to determine whether to apply the right in a particular set of circumstances, the question must first be answered whether the particular action in question is an administrative action. Notes, ref., sum.
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