The indirect review of administrative action in South African law

[摘要] ENGLISH ABSTRACT: Section 33 of the Constitution of the Republic of South Africa, 1996 ('the Constitution)gives everyone the right to just administrative action. Administrative law gives contentto, and protects, this right. Administrative law's primary corrective mechanism isjudicial review. This is a procedure through which administrative action may bescrutinised and invalidated by a court.A court can review administrative action directly or indirectly. In direct-reviewproceedings the validity of administrative action is the court's main subject ofadjudication. In indirect-review proceedings, by contrast, the validity of administrativeaction is incidental to the court's main subject of adjudication. While the law on directreview is well developed, the law on indirect review is comparatively obscure andunexplored.The thesis attempts to provide a critical analysis of the South African law on indirectreview. After reviewing this body of law, I will argue that it is in need of doctrinal reform.I will propose, in conclusion, that section 36 of the Constitution should be the point ofdeparture for such reform.

[发布机构] Stellenbosch University