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Emergency law : judicial control of executive power under the states of emergency in South Africa

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dc.contributor.author Grogan JG en
dc.date.accessioned 2016-09-22T08:10:26Z
dc.date.available 2016-09-22T08:10:26Z
dc.date.created 1988 en
dc.date.submitted 1990 en
dc.identifier.uri http://hdl.handle.net/20.500.11892/21792
dc.description.abstract This work examines the legal effects of a declaration of a state of emergency under the Public Safety act 3 of 1953 and the exercise of legislative and administrative powers pursuant thereto. The general basis of judicial control over executive action and the various devices used to limit or oust the court's jurisdiction are set out and explained. Against this background, the courts' performance of their supervisory role under the special circumstances of emergency rule is critically surveyed and assessed. The legal issues raised by the exercise of emergency powers is examined at the various levels of their deployment. The major cases concerning emergency issues, both reported and unreported, are analysed in their appropriate contexts, and an overview provided of the effects of emergency regulations and orders on such freedoms as South Africans enjoy under the "ordinary" law. Finally, an attempt is made to assess how these decisions have affected the prospect of judicial review of executive action, both in the emergency context and in the field of administrative law generally. The conclusion is that, however far the appellate division may appear to have gone towards eliminating the role of the law in the emergency regime, grounds remain for the courts to exercise a more vigorous supervisory role should they choose to do so in future. en
dc.language English en
dc.subject Law en
dc.subject Constitutional law en
dc.title Emergency law : judicial control of executive power under the states of emergency in South Africa en
dc.type Doctoral degree en
dc.description.degree PhD en

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