Book contents
- The Cambridge Handbook of New Human Rights
- The Cambridge Handbook of New Human Rights
- Copyright page
- Contents
- Figures
- Contributors
- Acknowledgements
- Introduction
- Part I Cross-Cutting Observations
- Part II Public Good Rights
- Part III Status Rights
- Part IV New Technology Rights
- Part V Autonomy and Integrity Rights
- Part VI Governance Rights
- The Right to Democracy
- The Right to Good Administration
- 38 A Right to Administrative Justice
- 39 The African Right to Administrative Justice versus the European Union’s Right to Good Administration
- The Right to Freedom from Corruption
- The Right of Access to Law
- Index
39 - The African Right to Administrative Justice versus the European Union’s Right to Good Administration
New Human Rights?
from The Right to Good Administration
Published online by Cambridge University Press: 04 January 2020
- The Cambridge Handbook of New Human Rights
- The Cambridge Handbook of New Human Rights
- Copyright page
- Contents
- Figures
- Contributors
- Acknowledgements
- Introduction
- Part I Cross-Cutting Observations
- Part II Public Good Rights
- Part III Status Rights
- Part IV New Technology Rights
- Part V Autonomy and Integrity Rights
- Part VI Governance Rights
- The Right to Democracy
- The Right to Good Administration
- 38 A Right to Administrative Justice
- 39 The African Right to Administrative Justice versus the European Union’s Right to Good Administration
- The Right to Freedom from Corruption
- The Right of Access to Law
- Index
Summary
In his chapter entitled ‘A Right to Administrative Justice: “New” or Just Repackaging the Old?’, Hugh Corder provides a highly interesting introduction to the protection of the right to administrative justice in a number of African countries. His contribution traces the way in which this right has gained significance and has achieved the status of a constitutional (human) right in various African administrative and legal systems that have, since the 1990s, made the transition from dictatorship or authoritarianism to democracy. It also has the great merit of highlighting, on the one hand, the importance of the right to administrative justice for the achievement of the fair and equitable distribution of socio-economic goods and services in the African region and, on the other hand, the great potential of this right to bring about far-reaching changes in the way executive discretion is exercised, and thereby to ensure the fundamental fairness of the decision-making process. In this vein, Corder very interestingly argues for a ‘democratic necessity’ of administrative justice, before solemnly concluding his contribution with the idea that ‘[u]ltimately … what is needed is a change of culture, towards greater accountability, responsiveness and openness – and anchoring such requirements in a human right to administrative justice may provide just the necessary encouragement for such a change’.
- Type
- Chapter
- Information
- The Cambridge Handbook of New Human RightsRecognition, Novelty, Rhetoric, pp. 507 - 514Publisher: Cambridge University PressPrint publication year: 2020