Question
Legislative provisions often include subjectively phrased preconditions that prescribe the existence of certain state of affairs before an administrator is authorised to exercise power. Having
Legislative provisions often include subjectively phrased preconditions that prescribe the existence of certain state of affairs before an administrator is authorised to exercise power.
Having regard to the views of Hoexter and Penfold in Administrative Law in South Africa (3rd ed, 2021), which of the following statements, labelled A-D, is most CORRECT?
A. | Subjective preconditions encourage the courts to show deference to administrators. | |
B. | Subjective preconditions do not have a place in South African law. | |
C. | Subjective preconditions have no practical value. | |
D. | Subjective preconditions should be interpreted to grant wide and decisive discretionary powers. |
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access with AI-Powered Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started