Skip to main content Accessibility help
×
Home
Hostname: page-component-544b6db54f-prt4h Total loading time: 0.23 Render date: 2021-10-19T00:55:56.853Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

Article contents

THE DOCTRINE OF LEGITIMATE EXPECTATIONS: PROSPECTS AND PROBLEMS IN CONSTITUTIONAL LITIGATION IN SOUTH AFRICA

Published online by Cambridge University Press:  06 August 2001

M. A. Ikhariale
Affiliation:
University of Venda, South Africa

Extract

One of the outstanding features of the South African Constitution is the well-articulated concept of administrative justice. It is to be expected that a modern constitutional state with an enormous social reconstruction programme like that of post-apartheid South Africa must have a sophisticated mechanism for the maintenance of administrative justice. The immediate past experience of apartheid under which the administrative process was devoted to the victimization of a large section of the population has also meant that every constitutional means possible in the arduous task of social reconstruction must be deployed towards the declared objective of the evolution of a humane and just administrative process. It was therefore not surprising that the post-apartheid constitutions considered the availability of administrative justice for citizens as one of their foremost civil liberties. Under the common law, the concept of administrative justice is generally associated with the notion of natural justice. Recent developments, however, have tended to narrow the concept down to the idea of fairness. The most remarkable proof of this development is the emergence of the doctrine of legitimate expectations, under which the courts have been able to come to the aid of persons who would have in previous situations been unable to obtain redress in matters where the application of administrative discretion is of paramount importance.

Type
Abstracts
Copyright
© 2001 School of Oriental and African Studies

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Send article to Kindle

To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

THE DOCTRINE OF LEGITIMATE EXPECTATIONS: PROSPECTS AND PROBLEMS IN CONSTITUTIONAL LITIGATION IN SOUTH AFRICA
Available formats
×

Send article to Dropbox

To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

THE DOCTRINE OF LEGITIMATE EXPECTATIONS: PROSPECTS AND PROBLEMS IN CONSTITUTIONAL LITIGATION IN SOUTH AFRICA
Available formats
×

Send article to Google Drive

To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

THE DOCTRINE OF LEGITIMATE EXPECTATIONS: PROSPECTS AND PROBLEMS IN CONSTITUTIONAL LITIGATION IN SOUTH AFRICA
Available formats
×
×

Reply to: Submit a response

Please enter your response.

Your details

Please enter a valid email address.

Conflicting interests

Do you have any conflicting interests? *