Oversight of Administrative Rulemaking: Judicial Review

The role of the courts in the review of administrative rulemaking raises profound questions as to the legitimate interference of courts in the exercise of administrative activities, which are often carried out in the pursuance of a legislative mandate. In contrast to the review of administrative acts of individual application, the Union courts have shown a more hesitant approach in the review of administrative rulemaking activities. This contribution will discuss the review by the Union courts of administrative rulemaking for compliance with procedural as well as substantive standards and will explore whether a convincing rationale for their more deferential attitude to the review of administrative rules can be provided. The article will explore to what extent lessons can be learned from the jurisprudence of the federal courts in the USA, which have struggled, even after the adoption of the Administrative Procedure Act (APA), with similar problems.     

‘Ek sê, heita!’: Kwaito and the construction of community

Abstract

Kwaito can be described as the new music of the new South Africa. Since its emergence over a decade ago, kwaito still blasts from minibus taxis, on the new urban commercial stations formed after media liberalisation, and on street corners from Cape Town to Johannesburg. Kwaito is young, vibrant and decidedly black. This is hardly surprising in a context where music, like everything else, is a highly racialised terrain. This article describes the emergence of kwaito, and explores community radio station, Bush Radio's, broadcasts of kwaito music, looking at how these broadcasts create a sense of community. First, kwaito's emergence within the context of South Africa's mainstream cultural industries is articulated. Then kwaito music is explored as a signifier of black identity. This article is located within a cultural studies framework, which approaches musical genres as cultural texts capable of generating multiple meanings (Grossberg, 1993).     

Static law and dynamic administration: Marshall dimock's assault on the legal profession

This article examines Marshall Dimock's thought on the relation between public administration and law. The examination revolves around his book, Law and Dynamic Administration,but also incorporates insights from his many other works. Dimock treated the idea of rule of law as an important source of authority and guiding principles for both the public administrative and legal professions. He criticized the legal profession harshly for its tendency in this century to disparage and reject law as such a source. Its treatment of law has led to many abuses that affect the legitimacy and efficacy of all who govern in our society. Dimock hoped to reunify the fields with a common jurisprudence that is mindful of public, institutional needs. In the process, he pressed the point that public administrators should be legal artisans in their own right, contributing confidently to the content and processes of the law for public benefit.     

Unity Without Totalitarianism: Tensions Within Normativity

Although he did not invent the term, Jürgen Habermas has popularised “constitutional patriotism” as a form of political unity that avoids excessive nationalism. This paper attempts to examine the link between emotivism and normativity that has otherwise been excluded from Habermas’s notion of constitutional patriotism. Beyond Habermas, political theory as a whole has not yet taken emotivism as a serious component of normativity. Rather than developing it in isolation, this paper attempts to reconcile emotivism with cognitive-normative practices found within rational deliberation. Reconciling the two not only provides a better normative steering component for judging good from bad practices, but also depicts contemporary political practices more accurately. In sum, constitutional patriotism’s normativity must be sourced from a complex integration of emotion and cognition, or put another way, from the interplay between citizens’ moral sentiments and rational judgements.