In the age of democratic constitutional government, every citizen expects to be treated fairly by the public administration. Constitutions adopted after 1990 have increasingly contained provisions that oblige the public administration to act lawfully, reasonably and procedurally fairly, and frequently grant citizens the legal right to seek review of administrative action affecting them. Southern African nations have led the way in this movement, closely followed by those in east Africa. This book brings together critical accounts of the development of the broad administrative justice landscape in seven national jurisdictions located in these regions. It does this by analysing trends in the review authority and practice of the superior courts, as well as significant developments in non-judicial monitoring institutions, such as ombuds offices, human rights commissions, and mechanisms to access official information.
"In a responsive and participative democracy, the citizens must be assured of having means of protection against the violation of their rights. As such, the composition, procedures, powers, duties, rights and liabilities of the various organs of government, public and other bodies that are engaged in administering public functions must be within legal bounds.
"The idea of documenting the state of administrative justice in Common Law Africa was mooted which has resulted in the publication of this book. The countries included in this book mostly rely on judicial review as the bedrock of administrative justice. However, there is an increasing push for consideration of alternative and additional means of securing administrative justice, such as the use of Ombudspersons, appeals tribunals, standing commissions which focus on human rights protection, open governance, among others."
Dr Arne Wulff
Director of the Rule of Law Programme for Sub-Saharan Africa
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- Author: Corder, Hugh & Mavedzenge, Justice
- Title: Pursuing Good Governance ADMINISTRATIVE JUSTICE IN COMMON-LAW AFRICA
- ISBN: 978-1-928309-31-4
- Publication Date: 2019/12/17
- Publishing House: Siber Ink
- Target Market Lawyers, government, students of law and politics; those with a special interest in administrative justice and in Africa.