oa Constitutional Court Review - Substantive reasoning in administrative-law adjudication

Volume 3, Issue 1
  • ISSN : 2073-6215



One of the main characteristics of constitutional transformation in South Africa is what Etienne Mureinik called the shift towards a culture of justification, in which 'every exercise of power is expected to be justified'. He argued that within such a culture, constitutional rights 'are standards of justification - standards against which to measure the justification of the decisions challenged under them'.

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