This thesis presents an analysis of three recent judgments of our apex courts which collectively illustrate a maximising of the 'minimum threshold requirement' of rationality through the seemingly inexhaustible constitutional principle of legality. The question sought to be addressed is whether, in extending this baseline requirement to cover procedural fairness, reason-giving and something akin to proportionality, in the context of non-administrative action and in the absence of any meaningful engagement with the doctrine of separation of powers, the courts are going too far.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uct/oai:localhost:11427/4710 |
| Date | January 2013 |
| Creators | Kohn, Lauren Manon |
| Contributors | Corder, Hugh, De Vos, Pierre |
| Publisher | University of Cape Town, Faculty of Law, Department of Public Law |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Master Thesis, Masters, LLM |
| Format | application/pdf |
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