The rule of law in Indian administrative law versus the principle of legality in south African administrative law: Some observations

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dc.contributor.authorHenrico, Radley
dc.date.accessioned2022-05-05T08:52:11Z
dc.date.available2022-05-05T08:52:11Z
dc.date.issued2021
dc.description.abstractThe rule of law is expressly mentioned in the Constitution of the Republic of South Africa, 1996. The principle of legality has flourished in South African administrative law since its recognition and reception into our law in Fedsure Life Assurance Ltd v Greater Johannesburg Transitional Metropolitan Council 1999 (1) SA 374 (CC). The Indian Constitution does not contain an equivalent expression of the rule of law. Notably, how persons and societies in India govern themselves is premised upon beliefs akin to the rule of law. Moreover, Indian administrative law has been strongly influenced by the theory of the rule of law as advocated by Dicey. Whilst Indian administrative law relies heavily upon the rule of law to judicially review conduct that is capricious, South African administrative law has come to rely on the incident of the rule of law, namely the principle of legality.en_US
dc.identifier.citationHenrico, Radley ‘The rule of law in Indian administrative law versus the principle of legality in south African administrative law: Some observations’ Obiter 42:3 (2021) pp. 486–498en_US
dc.identifier.issn2709-555X
dc.identifier.urihttps://doi.org/10.17159/obiter.v42i3.12898
dc.identifier.urihttp://hdl.handle.net/10566/7353
dc.language.isoenen_US
dc.publisherASSAFen_US
dc.subjectRule of lawen_US
dc.subjectPrinciple of legalityen_US
dc.subjectIndian constitutionen_US
dc.subjectIndian administrative lawen_US
dc.subjectSouth African administrative lawen_US
dc.titleThe rule of law in Indian administrative law versus the principle of legality in south African administrative law: Some observationsen_US
dc.typeArticleen_US

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