Judicial Review: Enabler of the State's Constitutional Dereliction in the Age of Privatization

  • Marc James Cooke

Abstract

The following discussion shall consider the concept of privatisation, its benefits, and the challenges surrounding its implementation, with specific reference to South African administrative law. This will be followed by an exploration of the judiciary’s response to the problems posed by privatisation and the development of judicial review as the preferred remedy in privatisation disputes. In the light of the public/private distinction, the discussion will lead to a contemplation of the effectiveness of judicial review as a remedy in such matters. A number of options alternative to judicial review shall then be examined, and the applicability of each explained.

Published
May 1, 2012
How to Cite
COOKE, Marc James. Judicial Review: Enabler of the State's Constitutional Dereliction in the Age of Privatization. Inkundla, [S.l.], may 2012. Available at: <https://inkundlajournal.org/index.php/inkundla/article/view/11>. Date accessed: 29 mar. 2024.
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Articles