This article explores the remaking of administrative law review in South Africa since the introduction of constitutional democracy in 1994. It characterizes the construction of the constitutional and legislative framework, as well as the courts’ interpretation of that framework, as the first phase of the remaking. The second phase encompasses the courts’ recognition of a constitutional principle of legality based on the rule of law, and their swift development of the content of this principle. This judicial creativity has resulted in an elaborate avenue to review, parallel to the Promotion of Administrative Justice Act 3 of 2000, and has caused problems of rivalry and avoidance. The article identifies and discusses some of the more significant implications of each of these phases of reconstruction. It also proposes corrective measures likely to advance the coherence and effectiveness of judicial review and discourage the adoption of a doctrine of non-justiciability.

UK public law is often viewed as a sophisticated power struggle between rival institutions, an approach encouraged by the assumption that the law is ultimately dependent on such contingencies as the existence of an official consensus about its sources. From that perspective, legal judgments should be read as strategic moves within the political power-game. We can make better sense of public law if, instead, we interpret it as the articulation and enforcement of standards of legitimate governance, inspired by universal ideals of individual freedom and human dignity. The rule of Law denies the legal validity of arbitrary, unjustified assertions of power inimical to those ideals. Positive law is, at root, an instantiation of natural law, as the interplay of legal rule and underlying principle, characteristic of common law reasoning, confirms. There are important implications for our understanding of the constitutional foundations of judicial review, the limits of parliamentary sovereignty, the nature of the principle of legality, and the scope and content of fundamental rights.

This article examines the principle of legality, a principle of statutory interpretation that requires clear statutory words to oust basic common-law norms. The principle is of growing importance in the Supreme Court's public law jurisprudence, yet it has garnered little scholarly attention. This article offers a comprehensive account of the principle, unpacking its core elements and identifying key controversies. The article reveals that lying beyond this apparently straightforward principle is a complex and elaborate jurisprudence, which raises fundamental issues of principle, policy and judicial legitimacy.

The corruption of the rule of law is an ambiguous phrase. It can refer either to the corruption of the value of the rule of law or to the corrupting effect that the commitment to the rule of law produces. This essay explains how both can be the case. The rule of law is one of a cluster of values that liberal political theory requires a morally legitimate government to exemplify. Thus, the rule of law is a component part of a just political structure. However, the phrase "the rule of law" is often used colloquially to refer to most or all of the cluster of liberal values. When used in this way, a duty to obey the law often attaches itself to the concept of the rule of law. It is the association of this duty with the concept of the rule of law when used in its narrow, literal sense to refer to only one of the liberal values that corrupts both those who are committed to the rule of law and the respect for the value itself.

Rule of law and the legality principle – Legality principle in the Italian legal system – ‘Prescribed by law’ – Legality in supranational dimension – ‘Democratic disconnect’ – Margin of appreciation – Concepts of ‘law’ and ‘legislation’ – Democracy-based legislation – Quality of legislation – ‘Political constitutionalism’ versus ‘legal constitutionalism’

This article examines and responds to a doctrinal claim, made by an increasing number of commentators, that English administrative law is in the midst of a “reformation” or “reinvention”, with the notion of “rights” at the heart of this radical recalibration. The article is critical of such claims on several grounds. First, these claims are steeped in ambiguity, such that the nature and doctrinal scope of the claimed metamorphosis are not clear. Second, these commentators have not undertaken the sort of detailed doctrinal analysis which is required to make credible claims about the development of the law, meaning their broad claims have a strong propensity to mislead, and pass over the nuances and complexities of doctrine. An analysis of significant features of doctrine tends to tell against a wholesale recalibration of administrative law around rights, and indicates an increasingly pluralistic rather than unitary legal order. Third, despite the centrality of the idea of “rights” to their claims, these commentators do not squarely address what they mean by “rights”, in general using the term indiscriminately, and thereby plunging their claims into uncertainty. The article demonstrates the importance of conceptual clarity in analysing “rights”-based developments through a doctrinal analysis of “rights” in administrative law, conducted through the prism of W.N. Hohfeld's analytical scheme.

Although the International Criminal Court (ICC) has been mostly hailed as a victory, Islamic states still regard its application of international criminal-law norms with scepticism. The Rome Statute instructs the Court to apply general principles of law derived from national laws of legal systems of the world including the national laws of states that would normally exercise jurisdiction over the crime but, so far, the Court has relied purely upon Western inspiration and may fail to acquire the legitimacy to establish a universal system. Among the legal systems that are unjustifiably neglected by the ICC is the Islamic legal tradition. This paper argues that the principles of Islamic law are, for the most part, consistent with internationally recognized norms and standards, particularly those enshrined in the Rome Statute, and are on an equal footing with the common and Continental legal systems that are currently employed by the Court in the search for general principles of law.

This note examines the ICTY's judgement of 5 December 2003 in the case Prosecutor v. Stanislav Galić. It provides a general overview of the facts of the case and then reviews the chamber's discussion of the two war crime charges – attack on civilians and terror against civilians – and of the individual criminal responsibility of the defendant.