Monthly Archives: December 2012

The burgeoning constitutional requirement of rationality and the separation of powers: has rationality review gone too far?

This article presents an analysis of three recent judgments of our apex courts which collectively illustrate a maximising of the ‘minimum threshold requirement’ of rationality through the seemingly inexhaustible principle of legality. The question sought to be addressed is whether, in extending this baseline requirement to cover procedural fairness, reason-giving and something akin to proportionality,… Read More »