n Tydskrif vir die Suid-Afrikaanse Reg - State Commercial Activity : A legal Framework, Geo Quinot : book review

Volume 2012, Issue 1
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



The instances in which modern states are active in the market place have increased in volume and in variety. Behind this phenomenon lies a voluminous statutory framework regulating the state's capacity to engage in commercial transactions for public purposes and determining the policy and legal objectives of the state's commercial activity. However, this form of legal regulation is not the only way in which the state's commercial activities are held in check. Intervention by the courts occurs frequently which raises the question about the judiciary's methodological approach to state commercial activity and the conceptualization of such activity on the basis of which the judiciary develops a jurisprudence containing the parameters of judicial regulation of the state's conduct in the market place. This, in essence is the subject-matter of Quinot's book which is highly recommended reading for public law scholars in view of the importance of the subject-matter, the scope and depth of the research that underlie the argumentation and the exemplary scholarship displayed in the analysis of the contractual, constitutional and administrative law issues involved in the author's central thesis.

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