oa Constitutional Court Review - Clearing the intersection? Administrative law and labour law in the Constitutional Court
|Article Title||Clearing the intersection? Administrative law and labour law in the Constitutional Court|
|© Publisher:||Juta Law Publishing|
|Journal||Constitutional Court Review|
|Publication Date||Jan 2008|
|Pages||209 - 234|
The cases of Masetlha, Sidumo and Chirwa presented the Constitutional Court with opportunities to pronounce on the intersection of labour law and administrative law in employment matters, and to expound on the relationship between the constitutional rights concerned and their associated pieces of legislation. As I have tried to show in this article, the judgments of the Constitutional Court are full of interest. Sidumo in particular develops the connection between the relevant rights in a creative manner, while Chirwa raises fundamental questions about the concept of administrative action and the nature of public power.
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