A decade and a half of deference (part 1)

Maree, P. J. H. ; Quinot, Geo (2016-06)

CITATION: Maree, P.J.H. & Quinot, G. 2016. A decade and a half of deference (part 1). Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg, 2016(2):268-280.

The original publication is available at https://journals.co.za/content/journal/jlc_tsar


In 2000 Hoexter published an article on judicial review that became very influential in South African administrative-law scholarship and jurisprudence. In her article Hoexter raised the notion of deference in judicial review of administrative action. While she concluded on the pessimistic note that “the debate about deference … will be cancelled owing to lack of interest”, her article has been cited with approval in a number of judgments, including the influential constitutional court judgment of O’Regan J in the Bato Star case.

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