Browsing PER: Potchefstroom Electronic Law Journal by Subject "Rationality"
Now showing items 1-4 of 4
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A Future for the Doctrine of Substantive Legitimate Expectation? The Implications of Kwazulu-Natal Joint Liaison Committee v Mec for Education, Kwazulu Natal
(2015)In this paper I briefly discuss the development of the doctrine of legitimate expectation in South African law, which had left the way open for the Constitutional Court to develop a doctrine of substantive legitimate ... -
Reviewing the Speaker's decision : a brief synopsis of UDM v Speaker of the National Assembly 2017 5 SA 300 (CC)
(PER/PELJ, 2021)In United Democratic Movement v Speaker of the National Assembly 2017 5 SA 300 (CC), the Constitutional Court set out certain factors that the Speaker of the National Assembly must consider when deciding the manner in ... -
The South African constitutional court and the rule of law: The masethla judgement, a cause for concre?
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The rule of law as a foundational constitutional value constrains the exercise of public power but the precise limits of the constraints it sets are not well defined. In Masethla v President of the Republic of South ... -
The unconstitutional practices of the Judicial Service Commission under the guise of Judicial Transformation: Cape Bar Council v Judicial Service Commission [2012] 2 ALL 143 (WCC)
(2014)This contribution aims to point out valuable lessons from the shortcomings of the Judicial Service Commission as highlighted in the case of The Cape Bar Council v The Judicial Service Commission. The case involved the ...