n Tydskrif vir die Suid-Afrikaanse Reg - geregtelike hersiening van administratiewe handelinge?




The South African law of judicial review of administrative action evolved over many decades. The right to lawful, reasonable and procedurally fair administrative action is now entrenched in the constitution and amplified by the Promotion of Administrative Justice Act 3 of 2000. Under our new dispensation, judicial decisions on the legality of administrative action have become more and more embroiled with issues of government policy. This requires a fresh look at the courts' traditional deference to administrative decision-making. The crucial question is how the courts in adjudicating upon the exercise of governmental policy, can still uphold the fundamental principle of the separation of powers and maintain their independence.


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