Suchergebnisse

A number of contrasting and conflicting approaches have emerged in the high courts, the Supreme Court of Appeal and the Constitutional Court in regard to the question whether the actions of the state as an employer are subject to the controls of administrative law and must be consistent with the principles of administrative justice. The author argues that public-sector employment decisions can be defined as 'administrative actions' and must be considered 'public-law wrongs' whenever they are unlawful, unreasonable or procedurally unfair. There is no reason, he further argues, to deny the protection of administrative law to public-sector employees merely because they are employees. If the power exercised or the function performed is public and in terms of legislation, the remedies of administrative justice must be available to public sector employees.

This paper engages current policies of social transformation in South Africa from a political theoretical point of view. As the transformation project purports to serve the ideal of equality, conceptions of equality that might justify or underwrite a policy of affirmative action are considered. On the basis of the political rhetoric behind South Africa's current affirmative action policy and the nature of the Employment Equity Act itself, it is argued that a very particular conception of equality lies at the heart of that policy, and that this conception is closely allied to communitarian and Rousseauean notions of the politics of the common good. It is submitted that the question of how, if at all, this communitarian understanding of equality coheres with the rest of the South African legal order, and especially the right to equality enshrined in the Constitution, cannot be satisfactorily answered. The theoretical consistency of current affirmative action policies with the Constitution must therefore be doubted. (Politikon-www.tandf.co.uk/journals/DÜI)

This paper engages current policies of social transformation in South Africa from a political theoretical point of view. As the transformation project purports to serve the ideal of equality, conceptions of equality that might justify or underwrite a policy of affirmative action are considered. On the basis of the political rhetoric behind South Africa's current affirmative action policy & the nature of the Employment Equity Act itself, it is argued that a very particular conception of equality lies at the heart of that policy, & that this conception is closely allied to communitarian & Rousseauean notions of the politics of the common good. It is submitted that the question of how, if at all, this communitarian understanding of equality coheres with the rest of the South African legal order, & especially the right to equality enshrined in the Constitution, cannot be satisfactorily answered. The theoretical consistency of current affirmative action policies with the Constitution must therefore be doubted. Adapted from the source document.

The Limits and Legitimacy of Referendums brings together diverse perspectives on referendums, constitutionalism, liberalism, and democracy in ways that challenge the conventional wisdom, prompt new answers to enduring questions, and urge reconsideration of how we evaluate the legitimacy of referendums.