Substantive reasoning in administrative-law adjudication

Quinot, G. (2010)

CITATION: Quinot, G. 2010. Substantive reasoning in administrative-law adjudication. Constitutional Court Review, 3:111–139.

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One of the main characteristics of constitutional transformation in South Africa is what Etienne Mureinik calls the shift towards a culture of justification in which 'every exercise of power is expected to be justified'.1 He argues that within such a culture, constitutional rights 'are standards of justification - standards against which to measure the justification of the decisions challenged under them'.

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