Our Curious Administrative Law Love Triangle: The Complex Interplay between the PAJA, the Constitution and the Common Law

Abstract

The proverbial saying goes: two’s company; three’s a crowd. This about encapsulates the awkward relationship between the fundamental right to administrative justice (in section 33 of the Constitution), the Promotion of Administrative Justice Act, 2000, enacted to give legislative effect to the right, and the common-law principles of judicial review of administrative action. Following the dawn of the constitutional era in 1994, there was ‘a seismic shift in our administrative law’.