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Promotion Of Administrative Justice Act, 2000
The Promotion of Administrative Justice Act (PAJA) is an important piece of South African legislation, and the cornerstone of administrative law in South Africa. Administrative action The South African Law Commission’s draft Administrative Justice Bill described the concept of "administrative action" widely: any action or decision performed by an organ of state or any exercise of public power other than executive, legislative or judicial action. The definition of administrative action ultimately enacted in PAJA was "considerably more complicated and qualified." Section 1 of the PAJA defines administrative action as "any decision taken, or any failure to take a decision, by * "an organ of state, when ** "exercising a power in terms of the Constitution or a provincial Constitution; or ** "exercising a public power or performing a public function in terms of any Legislation; or * "a natural or juristic person, other than an organ of state, when exercising a public power or perfo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law
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 199 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Currie
Currie ( gd, Currach, IPA: �kʰuːᵲəx is a village and suburb on the outskirts of Edinburgh, Scotland, situated south west of the city centre. Formerly within the County of Midlothian, it now falls within the jurisdiction of the City of Edinburgh Council. It is situated between Juniper Green to the northeast and Balerno to the southwest. It gives its name to a civil parish. In 2001, the population of Currie was 8,550 and it contained 3,454 houses. Etymology The name is recorded from 1210 onwards under various spellings such as ''Curey'', ''Cory'', ''Curri'' with ''Currie'' in 1402. There is no accepted derivation of the name Currie but it is possibly from the Scottish Gaelic word ''curagh/curragh'', a wet or boggy plain, or from the Brythonic word ''curi'', a dell or dirt hole. The neighbouring suburb of Balerno derives its name from Scottish Gaelic, whilst the nearby Pentland Hills derive their name from Brythonic, so either is possible. History The earliest re ... [...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 interes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Gazette Of South Africa
The ''Government Gazette'' ( af, Staatskoerant) is the gazette of record of South Africa. It is the "official organ of Government". The ''Government Gazette'' is used by the government as an official way of communicating to the general public. Published material The ''Gazette'' includes proclamations by the President as well as both general and government notices made by its various departments. It publishes regulations and notices in terms of acts, changes of names, company registrations and deregistrations, financial statements, land restitution notices, liquor licence applications and transport permits. Board and legal notices are also published in the ''Gazette''; these cover insolvencies, liquidation and estate notices. Note that certain publishers such as Juta and Butterworths publish legislation in South Africa. Location The current location of the government printing works is 149 Bosman Street, Pretoria, South Africa South Africa, officially the Republic of S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rulemaking
In administrative law, rulemaking is the process that executive and independent agencies use to create, or ''promulgate'', regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through ''rulemaking''. By bringing detailed scientific and other types of expertise to bear on policy, the rulemaking process has been the means by which some of the most far-reaching government regulations of the 20th century have been created. For example, science-based regulations are critical to modern programs for environmental protection, food safety, and workplace safety. However, the growth in regulations has fueled criticism that the rulemaking process reduces the transparency and accountability of democratic government. Introduction Legislatures rely on rulemaking to add more detailed scientific, economic, or industry expertise to a policy—fleshing out the broader mandates of authorizing legislation. Fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Reform Commission
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal changes or restructuring. The first term is prevalent in the United Kingdom, the second is prevalent in the Commonwealth, and the third one is prevalent in the United States. Work The functions of a law commission body include drafting revised versions of confusing laws, preparing consolidated versions of laws, making recommendations on updating outdated laws and making recommendations on repealing obsolete or spent laws. Law commissions often undertake projects focusing on legislation, although their mandates may be narrower or broader. List of law commissions *: Australian Law Reform Commission *: the Law Commission of Canada was established by the Law Commission of Canada Act on July 1, 1997 and was eliminated in 2006. It replaced th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bill Of Rights (South Africa)
Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law, and bind all branches of the government, including the national executive, Parliament, the judiciary, provincial governments, and municipal councils. Some provisions, such as those prohibiting unfair discrimination, also apply to the actions of private persons. South Africa's first bill of rights was drafted primarily by Kader Asmal and Albie Sachs in 1988 from Asmal's home in Dublin, Ireland. The text was eventually contained in Chapter 3 of the transitional Constitution of 1993, which was drawn up as part of the negotiations to end apartheid. This "interim Bill of Rights", which came into force on 27 April 1994 (the date of the first non-racial election), was largely limited to civil and political rights (negative r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as '' Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corruption
Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption may involve many activities which include bribery, influence peddling and the embezzlement and it may also involve practices which are legal in many countries. Political corruption occurs when an office-holder or other governmental employee acts with an official capacity for personal gain. Corruption is most common in kleptocracies, oligarchies, narco-states, and mafia states. Corruption and crime are endemic sociological occurrences which appear with regular frequency in virtually all countries on a global scale in varying degrees and proportions. Each individual nation allocates domestic resources for the control and regulation of corruption and the deterrence of crime. Strategies which are undertaken in order to counter corruption are of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maladministration
Maladministration is the actions of a government body which can be seen as causing an injustice. The law in the United Kingdom says Ombudsmen must investigate maladministration. The definition of maladministration is wide and can include: *Delay *Incorrect action or failure to take any action *Failure to follow procedures or the law *Failure to provide information *Inadequate record-keeping *Failure to investigate *Failure to reply *Misleading or inaccurate statements *Inadequate liaison *Inadequate consultation *Broken promises See also * Administration (government) * Public administration * Public administration theory Public administration theory is the combination of history, organisational theory, social theory, political theory and related studies focused on the meanings, structures and functions of public service in all its forms. It often depicts major his ... References * * * * Political terminology United Kingdom administrative law Public administration ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Person
A person (plural, : people) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of property, or legal obligation, legal responsibility. The defining features of personhood and, consequently, what makes a person count as a person, differ widely among cultures and contexts. In addition to the question of personhood, of what makes a being count as a person to begin with, there are further questions about personal identity and self: both about what makes any particular person that particular person instead of another, and about what makes a person at one time the same person as they were or will be at another time despite any intervening changes. The plural form "people" is often used to refer to an entire nation or ethnic group (as in "a people"), and this was the original meaning of the word; it subsequently acquired its us ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with a non-legislative act by an executive or administrative body under the authority of a legislative act. Overview Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage. Most large legislatures enact only a small fraction of the bills proposed in a given session. Whether a given bill will be proposed is generally a matt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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