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

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.

Grantor dc:publisher.institution

Department of Public Law

Year dc:date.issued

2013

Author dc:creator

• Kohn, Lauren Manon

Advisors dc:contributor.advisor

• Corder, Hugh
• De Vos, Pierre

Language dc:language.iso

eng

Handle dc:identifier.uri

http://hdl.handle.net/11427/4710

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/4710