30d • Legal
ADMINISTRATIVE SYSTEM DICTATORSHIP
In South Africa the administrative system under, what they call positive law, have a situation whereby the courts uphold statutes as binding because they were passed procedurally, regardless of legitimacy. They essentially ignore the challenge to produce the agency contract or produce the instrument of beneficial interest transfer. Authority derives from constitutional procedure and parliamentary sovereignty and therefore they enforce statutes until a "higher" authority strikes it down. I imagine there are procedures and processes that can override this presumption if they ignore consent.
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ADMINISTRATIVE SYSTEM DICTATORSHIP
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