More than a ‘culture of justification': evaluating the content and importance of parliament's accountability and oversight functions in a time of state capture
| dc.contributor.advisor | Calland, Richard | |
| dc.contributor.author | Davids, Kirsten | |
| dc.date.accessioned | 2025-01-31T09:33:01Z | |
| dc.date.available | 2025-01-31T09:33:01Z | |
| dc.date.issued | 2024 | |
| dc.date.updated | 2025-01-31T09:27:54Z | |
| dc.description.abstract | Before South Africa's current constitutional dispensation, the apartheid government, through its parliamentary sovereignty mode of governance, did very little to ensure accountability and oversight of the Executive branch of government. As a result, the Executive was able to establish what has been called a culture of authority. The advent of the Constitution, which entrenches the rule of law, a separation of powers doctrine, and the principle of legality, seeks to do away with the culture of authority and entrench a culture of 'justification'. However, to the extent that the Constitution includes clear accountability and oversight prescripts, to which all branches of government are bound, it envisages more than the idea of 'justification'. In this sense, at least, the Constitution seeks to ensure a 'culture of accountability' and oversight that ensures that certain checks and balances are in place between the different branches of government. Corruption and, specifically state capture phenomenon, are not exempt from these constitutional prescripts. This research suggests that corruption must be understood against the constitutional framework and in particular against the requirements of accountability and oversight. | |
| dc.identifier.apacitation | Davids, K. (2024). <i>More than a ‘culture of justification': evaluating the content and importance of parliament's accountability and oversight functions in a time of state capture</i>. (). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/40859 | en_ZA |
| dc.identifier.chicagocitation | Davids, Kirsten. <i>"More than a ‘culture of justification': evaluating the content and importance of parliament's accountability and oversight functions in a time of state capture."</i> ., University of Cape Town ,Faculty of Law ,Department of Public Law, 2024. http://hdl.handle.net/11427/40859 | en_ZA |
| dc.identifier.citation | Davids, K. 2024. More than a ‘culture of justification': evaluating the content and importance of parliament's accountability and oversight functions in a time of state capture. . University of Cape Town ,Faculty of Law ,Department of Public Law. http://hdl.handle.net/11427/40859 | en_ZA |
| dc.identifier.ris | TY - Thesis / Dissertation AU - Davids, Kirsten AB - Before South Africa's current constitutional dispensation, the apartheid government, through its parliamentary sovereignty mode of governance, did very little to ensure accountability and oversight of the Executive branch of government. As a result, the Executive was able to establish what has been called a culture of authority. The advent of the Constitution, which entrenches the rule of law, a separation of powers doctrine, and the principle of legality, seeks to do away with the culture of authority and entrench a culture of 'justification'. However, to the extent that the Constitution includes clear accountability and oversight prescripts, to which all branches of government are bound, it envisages more than the idea of 'justification'. In this sense, at least, the Constitution seeks to ensure a 'culture of accountability' and oversight that ensures that certain checks and balances are in place between the different branches of government. Corruption and, specifically state capture phenomenon, are not exempt from these constitutional prescripts. This research suggests that corruption must be understood against the constitutional framework and in particular against the requirements of accountability and oversight. DA - 2024 DB - OpenUCT DP - University of Cape Town KW - public law LK - https://open.uct.ac.za PB - University of Cape Town PY - 2024 T1 - More than a ‘culture of justification': evaluating the content and importance of parliament's accountability and oversight functions in a time of state capture TI - More than a ‘culture of justification': evaluating the content and importance of parliament's accountability and oversight functions in a time of state capture UR - http://hdl.handle.net/11427/40859 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/40859 | |
| dc.identifier.vancouvercitation | Davids K. More than a ‘culture of justification': evaluating the content and importance of parliament's accountability and oversight functions in a time of state capture. []. University of Cape Town ,Faculty of Law ,Department of Public Law, 2024 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/40859 | en_ZA |
| dc.language.rfc3066 | eng | |
| dc.publisher.department | Department of Public Law | |
| dc.publisher.faculty | Faculty of Law | |
| dc.publisher.institution | University of Cape Town | |
| dc.subject | public law | |
| dc.title | More than a ‘culture of justification': evaluating the content and importance of parliament's accountability and oversight functions in a time of state capture | |
| dc.type | Thesis / Dissertation | |
| dc.type.qualificationlevel | Masters | |
| dc.type.qualificationlevel | LLM |