Lauren Kohn ‘The burgeoning constitutional requirement of rationality & the separation of powers: Has rationality review gone too far?’ (2013) 130 South African Law Journal 810. In Lauren’s Masters’ research she discerned and theorised a pattern in the expanding frontiers of administrative-law review to policy-laden executive decision making. Lauren recognised that, notwithstanding the laudable outcomes… Read More »
The National Prosecuting Authority (NPA) is a special constitutional body that exercises significant public powers in South Africa’s democracy but does not fit comfortably within either the judicial or the executive branch of state. Properly conceived, the NPA is a hybrid body that fulfils its own distinctive role within the country’s constitutional system. At this… Read More »
Writing over ten years ago Cameron Stewart compared the rule of law to Tinkerbell – the fairy whose very existence depended upon others’ belief in her and who, in the story of Peter Pan, was saved by the act of clapping as evidence of this belief. (Cameron Stewart ‘The rule of law and the Tinkerbelle… Read More »
This chapter, which Lauren lead-authored, is a carefully elucidated summary of the complex field of administrative law in SA. It has been viewed over 5000 times on Academia.Edu. This research platform reveals the contribution’s regular use by students, scholars, practitioners and government officials. Context matters and today’s system of South African administrative law is quite… Read More »
This article traverses complex terrain at the intersection of the private law of contract and human rights, via the doctrinal device of public policy. It was nominated by the UCT Law Faculty (Director, Internationalisation) for the St Petersburg International Legal Forum Private Law Prize, 2018. Nearly five decades ago, and in the wake of debate… Read More »
On 7 December 2011 the new Preferential Procurement Regulations, 2011 (‘the Regulations’) made under the Preferential Procurement Policy Framework Act, 2000 (‘the PPPFA’) came into effect. The Regulations have a broader scope of application than the 2001 Regulations: municipal entities, as well as schedule 2 and 3 public entities listed under the Public Finance Management… Read More »
This article has received over 1500 views on Academia.edu, been cited extensively, and according to the SABINET law journals database, it is now made available on the Department of Higher Education and Training (DHET) accreditation list. The proverbial saying goes: two’s company; three’s a crowd. This about encapsulates the awkward relationship between the fundamental right… Read More »
This article flowed from a pro bono legal opinion Lauren furnished to the Legal Resources Centre (LRC) and the Centre for Law & Society (CLS; now LARC http://www.larc.uct.ac.za/) in 2014. It has since fed into the Unit’s submissions to Parliament and litigation on communal land rights, rural women’s rights and traditional affairs as viewed through… Read More »
This article weaves together Lauren’s knowledge of administrative law, environmental law, good governance and competition law. It won the 2016 UCT Law Faculty’s Research Prize (1st place) as ‘the most outstanding article in a peer-reviewed journal’, with the anonymous reviewer commending it for drawing ‘extensively on environmental law, competition law and administrative law…dealing with a… Read More »
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 »