oa Constitutional Court Review - Substantive reasoning in administrative-law adjudication
|Article Title||Substantive reasoning in administrative-law adjudication|
|© Publisher:||Juta Law Publishing|
|Journal||Constitutional Court Review|
|Affiliations||1 Stellenbosch University|
|Publication Date||Jan 2010|
|Pages||111 - 139|
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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