Abstract
Administrative justice should be a human right. However, it is not easily subsumed into the general body of human rights law because administrative law principles are largely procedural in character, hence, subject to domestic law. In some countries administrative justice is dependent on its development via common law by the courts, while in others is possible to have recourse to a constitutional provision permitting persons whose right is infringed by state action to seek constitutional redress. The article discusses administrative justice as a human right under the South African Constitution with a view to showing potential learning experience for other jurisdictions, and to possibly provide knowledge as to how best the legal framework pertaining to administrative justice could be developed to strengthen the protection of rights violated by action of government or those acting on its behalf. In South Africa, the Constitution and the PAJA constitute the source of the right to just administrative action while the common law ceases to have effect and will continue to inform the content of administrative law and other aspects of public law. The article shows how the Constitutional Court is empowered to develop the common law in relation to the application of the Bill of Rights to natural or juristic persons. The article concludes that constitutional and statutory provisions are available to facilitate the enforcement of the right to just administrative action, ensuring that every person ‘has the right to approach a court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief.’
Highlights
One of the important objectives of administrative law is to protect the dignity of man. [1] The value of human dignity is applied in the interpretation of constitutional right to equality, [2] and ensuring that the right to be treated before the law is guaranteed by a demand that government action be undertaken only in accordance with the law
This is because administrative law principles are largely procedural in character, and procedure is largely subject to domestic law
The thrust of this paper is to demonstrate that administrative justice is a human right, which is intrinsic to a person by virtue of being human
Summary
One of the important objectives of administrative law is to protect the dignity of man. [1] The value of human dignity is applied in the interpretation of constitutional right to equality, [2] and ensuring that the right to be treated before the law is guaranteed by a demand that government action be undertaken only in accordance with the law. An alternative to the development of administrative law by precedent is the possibility of a reference to a particular section of a constitution or legislation, which gives authority to persons whose right is infringed by state action, to seek constitutional redress Part 4 of the paper engages in an assessment of the issues discussed and conclude with recommendations
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