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Administrative law in Namibia, its current state, challenges, and proposals for law reform

  • Journal Title: Comparative and International Law Journal of Southern Africa
  • Volume: Volume 42
  • Issue:  Issue 1
  • Publication Date: 2009
  • Pages: 115  - 127
  • Authors:  Collins Parker;
  • ISSN: 00104051
  • Abstract:  This article discusses the object of administrative law as the promotion of democracy, the rule of law and respect for human rights in the attainment of efficient, transparent and fair public administration. It defines the scope and some key principles of administrative law.
    It also discusses the main principles of judicial review, and posits that in Namibia the main aim of judicial review is to ensure that administrative bodies and officials act in accordance with the administrative justice requirements under Article 18 of the Namibian Constitution, which embraces and extends the common law principles of review. In Namibia, the court having original jurisdiction in judicial review is the High Court, unlike much of continental Europe, eg France, which has special administrative law courts.
    Finally, the paper mentions some challenges facing administrative law in Namibia and opines that the common law and article 18 of the Namibian Constitution are, at this stage in the development of administrative law jurisprudence in Namibia, adequate to meet these challenges, so long as judges, law academics and legal practitioners play their part, and members of the bureaucratic and political executive receive adequate training in the workings of administrative justice.
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