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Judicial Review In South Africa
A century ago, in '' Johannesburg Consolidated Investment Co v Johannesburg Town Council'', Innes CJ distinguished only three types of judicial review in the South African system: # review of the decisions of inferior courts; # the common-law review of decisions of administrative authorities; and # a "wider" form of statutory review. These three forms of review still exist today, but the list has been expanded as a result of modern developments, including and most especially the Constitution. Among the latest additions are * automatic review, which allows the decisions of inferior courts to be reconsidered in the absence of an application for review; * constitutional review, a form of review that did not exist in South Africa before 1994, but which the existence of a supreme constitution with a justiciable Bill of Rights permits; and * what used to be common-law review in administrative law but has now largely been constitutionalised by section 33 of the Constitution and placed on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Johannesburg Consolidated Investment Co V Johannesburg Town Council
Johannesburg ( , , ; Zulu language, Zulu and xh, eGoli ), colloquially known as Jozi, Joburg, or "The City of Gold", is the largest city in South Africa, classified as a Megacity#List of megacities, megacity, and is List of urban areas by population, one of the 100 largest urban areas in the world. According to Demographia, the Johannesburg–Pretoria urban area (combined because of strong transport links that make commuting feasible) is the 26th-largest in the world in terms of population, with 14,167,000 inhabitants. It is the provinces of South Africa, provincial capital and largest city of Gauteng, which is the wealthiest province in South Africa. Johannesburg is the seat of the Constitutional Court of South Africa, Constitutional Court, the highest court in South Africa. Most of the major South African companies and banks have their head offices in Johannesburg. The city is located in the mineral-rich Witwatersrand range of hills and is the centre of large-scale gold and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Administrative Law
South African administrative law is the branch of public law which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in present-day South Africa, which regulates "the activities of bodies that ''exercise public powers or perform public functions'', irrespective of whether those bodies are public authorities in a strict sense." According to the Constitutional Court, administrative law is "an incident of the separation of powers under which the courts regulate and control the exercise of public power by the other branches of government." Weichers defines administrative law as a body of legal rules governing the administration, organisation, powers and functions of administrative authorities. For Baxter, it is a set of common-law principles which promote the effective use of administrative power, protect against misuse, preserve a balance of fairness and maintain the public intere ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of South Africa
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
