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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Promotion of Administrative Justice Act from a German perspective
Authors:Pfaff, RainerISNI
Schneider, HolgerISNI
Year:2001
Periodical:South African Journal on Human Rights
Volume:17
Issue:1
Pages:59-86
Language:English
Geographic term:South Africa
Subjects:constitutions
1996
administrative law
External link:https://doi.org/10.1080/02587203.2001.11827617
Abstract:The Promotion of Administrative Justice Act 3 of 2000 is a milestone in the development of administrative law in South Africa. For the first time the general principles of administrative procedure and judicial review have been codified. One of the great challenges of the drafting process was to come up with legislation that ensures just administrative action and its judicial scrutiny but, on the other hand, does not hamper efficient public administration. Whether Parliament was ultimately successful in achieving this balance is discussed. South African legal academics have expressed concerns about whether the definition of administrative action is too narrow when read against the minimum requirements of the right to administrative justice in s 33 of the 1996 Constitution. The inclusion of the German concept of 'direct external legal effect' to define and to limit the scope of administrative action has, in particular, been criticized. This article provides an insight into how the German courts have interpreted this and other relevant concepts. Furthermore, it identifies those areas of administrative law that the Act has not codified, but which are important features of German law in balancing the right to judicial review with the need for efficient public administration. Notes, ref., sum.
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