2004Unpublished venueRequires access

The scope of judicial review of administrative action and the changing rule of law : some comparative reflections : judicial review of administrative action

Rainer Grote

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Abstract

For purposes of the present analysis, two broad categories of administrative law rules can be distinguished : first, those rules that deal with the procedural and substantive requirements to which action taken by an administrative authority must conform if it is to be considered lawful, and secondly the body of principles and provisions that define the extent to which administrative measures are subject to review by the courts and establish the legal conditions for the exercise of review powers. The South African Promotion of Administrative Justice Act (PAJA) incorporates both categories of rules : sections 3-5 of PAJA regulate important procedural and formal requirements for lawful administrative action, whereas sections 6-9 of PAJA focus on the scope of, the procedures for and the remedies in judicial review proceedings.

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What this paper is about

For purposes of the present analysis, two broad categories of administrative law rules can be distinguished : first, those rules that deal with the procedural and substantive requirements to which action taken by an administrative authority must conform if it is to be considered lawful, and secondly the body of principles and provisions that define the extent to which administrative measures are subject to review by the courts and establish the legal conditions for the exercise of review powers. The South African Promotion of Administrative Justice Act (PAJA) incorporates both categories of rules : sections 3-5 of PAJA regulate important procedural and formal requirements for lawful administrative action, whereas sections 6-9 of PAJA focus on the scope of, the procedures for and the remedies in judicial review proceedings.

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Available abstract

For purposes of the present analysis, two broad categories of administrative law rules can be distinguished : first, those rules that deal with the procedural and substantive requirements to which action taken by an administrative authority must conform if it is to be considered lawful, and secondly the body of principles and provisions that define the extent to which administrative measures are subject to review by the courts and establish the legal conditions for the exercise of review powers. The South African Promotion of Administrative Justice Act (PAJA) incorporates both categories of rules : sections 3-5 of PAJA regulate important procedural and formal requirements for lawful administrative action, whereas sections 6-9 of PAJA focus on the scope of, the procedures for and the remedies in judicial review proceedings.

Key concepts: Scope (computer science), Judicial review, Administrative law, Law, Action (physics), Political science, Subject (documents), Economic Justice

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