Authority that exercise of all public power must comply with doctrine of legality and rule of law.
Cited for the principle that it is a requirement of the rule of law that the exercise of public power must not be arbitrary and decisions must be rationally…
Cited for the proposition that the common law supplements the Constitution and must be developed to fulfil its purposes.
Cited for the principle that administrative law regulates the exercise of public power and that courts control public power under the Constitution, and that…
Court applies the test for rationality review, requiring that the exercise of public power be rationally related to the purpose for which the power was given.
Cited for the proposition that the exercise of all public power must comply with the Constitution and the doctrine of legality.
Cited for the principle that the principle of legality is a subset of the rule law, and that the exercise of all public power must comply with the Constitution…
Cited for the proposition that the rule of law requires the exercise of public power by the Executive to be rationally related to the purpose for which the…
Applied for the interpretation of 'any conduct' of the President in section 172(2)(a) to be given a wide meaning, ensuring Constitutional Court control over…
Cited at paragraphs 86 and 90 for the principle that rationality is an objective test and that courts cannot substitute their opinions for the decision-maker…
Cited for the principle that all law derives its force from the Constitution and courts have a constitutional obligation to develop common law so as to bring…
The Court applies Pharmaceutical Manufacturers to hold that the grundnorm of administrative law is now the Constitution, not the common law ultra vires…
This Court held that there is only one system of law shaped by the Constitution, which is the supreme law, and all law derives its force from the Constitution.
Cited for the historical context of administrative law, noting the need to claim space and push boundaries to find means of controlling public power.
Court cites this case for the proposition that review jurisdiction of courts is no longer a common law jurisdiction.
Applied the rationality test and principle of legality as a constitutional control on the exercise of public power.
Cited for the doctrine of legality under the Constitution, namely that a regulation which is inconsistent with the statute under which it was made is invalid.
Cited for the proposition that principles of constitutional review now derive authority from the written Constitution rather than common law.
Cited for the principle that legality review is grounded in sections 1(c), 41(1)(b), 195 and 217 of the Constitution.
Cited for the proposition that the Constitution shifted constitutionalism and public law from the realm of common law to the prescripts of a written…
Referenced for the interplay between review under PAJA and legality review.
Cited to show that s 39(2) ensures the common law evolves within the framework of the Constitution consistently with basic norms.
Cited for the principle that a determination of whether public power has been exercised lawfully must comply with the doctrine of legality.
Cited to support that common law must evolve within the framework of the Constitution consistently with basic norms of the legal order.
Cited as authority for the doctrine of legality which requires that power conferred on a functionary to make decisions in the public interest should be…
Cited for the principle of legality as one of the most important principles in control of public power in the constitutional order.
Pharmaceutical Manufacturers is followed for the principle that issues concerning the powers of an organ of state are constitutional matters.
Applied for the principle that 'any conduct of the President' in section 172(2)(a) must be accorded a generous and wide meaning to ensure supervision by the…
Cited for the principle that there is only one system of law shaped by the Constitution as supreme law.
The court cites this case for the principle that the rule of law is a foundational value of the Constitution and requires that rules be stated in a clear and…
Applied for the rationality test requiring that power must be rationally related to the purpose for which it was conferred.
Applied for extensive treatment of constitutional control over the exercise of public power and the doctrine of legality, including the requirement of…
Cited for the principle that development of the common law must occur within the framework of the Constitution and consistently with the basic norms of the…
Cited for observations on the rule of law and its substantive and procedural content, the supremacy of Parliament, and fundamental rights under common law.
Cited in the context of lawfulness depending on the terms of the empowering statute and the exercise of public power being unlawful and invalid if not…
Applied for the doctrine of legality, an incident of the rule of law, applicable to the exercise of a public power; also for the principle that what would have…
The court applies this precedent's principle that the exercise of public power must not be arbitrary or irrational as part of the principle of legality.
The Court applies the principle that all exercises of public power must be capable of being analysed and justified rationally under the principle of legality.
Cited for the principle of legality demanding a respect for the Constitution and statute.
Applied for the principle that the Constitution always determines the nature and ambit of law in South Africa, as there is only one system of law.
Cited for the principle that acting beyond granted powers is invalid.
Cited for the principle of legality constraining exercise of power.
Cited for the principle of legality, reaffirming that public power must be lawfully conferred.
Applied for the rationality test for legislation.
Court applies the principle that a finding of irrationality is likely to be made rarely and courts cannot strike down decisions merely because they disagree or…
Cited for the principle of legality constraining the exercise of public power.
Applied for the principle that objective rationality is a minimum threshold requirement for exercise of public power, and courts may not substitute their…
Cited for the proposition that in order to give effect to the rule of law, an organ of state should have recourse to the courts or Parliament and cannot…
Cited for the principle that the exercise of public power is subject to the legality requirement of the Constitution.
Cited for the principle that in our constitutional democracy, all public power is subject to constitutional control.
Applied to explain that there is only one system of law, over which the Constitution is supreme, and the common law must be developed consistently with the…
Cited for the proposition that common law principles remain authoritative in determining what is procedurally fair under the Constitution, specifically at…
Cited for the principle of review on grounds of legality and rationality.
Applied to support that the constitutional principle of legality requires that decisions must be rationally related to the purpose for which the power was…
Applied for the principle that legality requires the exercise of public power not to be arbitrary or irrational.
Applied the principle that the exercise of all public power is subject to the principle of legality, which requires that power be exercised rationally and…
Cited by Froneman J for the rule of law or legality principle that the state cannot act outside its constitutional or legislative powers.
Cited for the principles that the state may not act capriciously or arbitrarily and that the rationality test is objective, requiring rational connection…
Cited for the oft-quoted dictum of Chaskalson CJ that all public power must comply with the Constitution and the doctrine of legality.
Cited for the constitutional principle that all law derives force from the Constitution.