The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law

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dc.contributor.advisorCorder, Hughen_ZA
dc.contributor.advisorNaudé, Tjakieen_ZA
dc.contributor.authorJones, Michaelen_ZA
dc.date.accessioned2016-02-01T10:16:47Z
dc.date.available2016-02-01T10:16:47Z
dc.date.issued2015en_ZA
dc.descriptionIncludes bibliographical referencesen_ZA
dc.description.abstractThe development of subjecting government procurement awards to judicial review is a relatively recent development in South African law. It accords with a similar development in the United States, as well as South Africa's own constitutional requirements of transparency and public accountability. Given the often lucrative nature of public contracts, challenges to the lawfulness of government procurement awards have become a regular occurrence in South Africa. However, the setting aside of such an award does not automatically follow upon a finding of unlawfulness. For a number of reasons, a court may decline to set aside an unlawful government procurement award. This raises a number of interesting questions, particularly with regard to how such a decision may be reconciled with, and the implications this may have for, the principle of legality and the Rule of Law. This dissertation will address these issues, arguing that, ultimately, the concerns are resolved by appreciating the nature of the principle of legality, and the Rule of Law's place as a value in society.en_ZA
dc.identifier.apacitationJones, M. (2015). <i>The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/16661en_ZA
dc.identifier.chicagocitationJones, Michael. <i>"The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2015. http://hdl.handle.net/11427/16661en_ZA
dc.identifier.citationJones, M. 2015. The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Jones, Michael AB - The development of subjecting government procurement awards to judicial review is a relatively recent development in South African law. It accords with a similar development in the United States, as well as South Africa's own constitutional requirements of transparency and public accountability. Given the often lucrative nature of public contracts, challenges to the lawfulness of government procurement awards have become a regular occurrence in South Africa. However, the setting aside of such an award does not automatically follow upon a finding of unlawfulness. For a number of reasons, a court may decline to set aside an unlawful government procurement award. This raises a number of interesting questions, particularly with regard to how such a decision may be reconciled with, and the implications this may have for, the principle of legality and the Rule of Law. This dissertation will address these issues, arguing that, ultimately, the concerns are resolved by appreciating the nature of the principle of legality, and the Rule of Law's place as a value in society. DA - 2015 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2015 T1 - The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law TI - The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law UR - http://hdl.handle.net/11427/16661 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/16661
dc.identifier.vancouvercitationJones M. The judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of law. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2015 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/16661en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherPublic Lawen_ZA
dc.subject.othergovernment procurement awardsen_ZA
dc.subject.otherpublic accountabilityen_ZA
dc.subject.otherRule of Lawen_ZA
dc.titleThe judicial discretion to allow unlawful government procurement awards to stand: justification and implications for the principle of legality and the rule of lawen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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