Question
The Question is based on Administrative Justice in South Africa [LAJ500] Read the case study below and answer the questions that follow: Judicial review under
The Question is based on Administrative Justice in South Africa [LAJ500]
Read the case study below and answer the questions that follow:
Judicial review under the constitutional principle of legality
While the advent of constitutional democracy shifted judicial review of administrative action from a common-law system to one founded on constitutional rights, as recent developments show, it did not end there. The triptych of judgments - Fedsure, SARFU - are largely credited with having developed the deeper constitutional principle of legality as an aspect of the rule of law in section 1(c) of the Constitution.
3.2 Regarding the facts in the text box above, discuss judicial review and its requirements under both the PAJA and the Constitution. (15 Marks)
3.3 Explain the judicial review proceedings and the remedies available under judicial review. (10 Marks)
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