The burgeoning constitutional requirement of rationality and separation of powers has rationality review gone too far?

Kohn, Lauren Manon

The burgeoning constitutional requirement of rationality and separation of powers has rationality review gone too far?

Master Thesis

2013

Publisher

University of Cape Town

Department

Department of Public Law

Faculty

Faculty of Law

Abstract

This thesis presents an analysis of three recent judgments of our apex courts which collectively illustrate a maximising of the 'minimum threshold requirement' of rationality through the seemingly inexhaustible constitutional principle of legality. The question sought to be addressed is whether, in extending this baseline requirement to cover procedural fairness, reason-giving and something akin to proportionality, in the context of non-administrative action and in the absence of any meaningful engagement with the doctrine of separation of powers, the courts are going too far.

Keywords

Constitutional and Administrative Law

Reference:

Collections

Masters

Full item page