ADL2601
SUMMARY
NOTES
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ADMINISTRATIVE LAW
UNIT 1 – DESCRIBING ADMIN LAW
4 Key issues / pillars in Admin Law
Authority = *
... [Show More] Governs relationships between legal subjects
* Relationships are not on equal footing (inequality – vertical
relationship) * Always a superior / senior official involved
Admin action= * Facilitates & regulates human behaviour / interaction
* Conduct of anyone exercising public / authoritative power
Just Admin action * The right of every person
* All admin action by persons exercising public power must
be
“LAWFUL, REASONABLE & PROCEDURALY FAIR”
Control of admin action = The way / manner in which authority / power has been
exercised
3 Requirements for any admin action:-
1.
2.
Be lawful – must comply with all req of law (as found in sources of law)
Be reasonable – Must have a reasonable effect / result
- Discretion exercised & decision taken by person in
authority must be correct (based on objective facts &
circumstances)
3. Be procedurally fair – Correct procedure must be used to take decision
- Subordinate party must be given chance to
defend position before decision is taken
When decision results in someone’s rights being adversely affected – written reasons for
decision should be given
* Law provides protection against any possible harm which results from exercise of
powers (against abuse of power)
* To correct an action – to rather use method of internal / admin control (senior
officials review action) then going to court
Admin Law is the sum total of legal rules that grant people / bodies in authority power to: * take
action
* Prescribe procedures to be followed where taking such action
* Ensure such action is within the boundaries of the law
Also provides for control over such action
(Activity on page 7)
UNIT 2 – SOURCES OF ADMIN LAW
Sources of Admin Law:-
1. Binding (Authoritative) sources:
1. The Constitution - Most important statutory - & most authoritative source
- Sets standard for which admin conduct & actions of
every admin functionary / institution in SA
- Guarantees justice for all by demanding all req for
admin action must be met. (Guarantees Just Admin
Action)
(Activity page 12)
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2. Legislation
* Original = Passes b Parl in Nat sphere
= 2 examples of Acts of Parl that compliment prov of Const
& crucial to Admin Law:- # Promotion of Justice Act 3 of 2000
(PAJA)
# Promotion of Access to Info CT 2 OF
2000
= Passes by 9 provincial legislatures in Prov Sphere
= Also passed by elected local govs (Munic councils) in Local
spheres * Subordinate = Passes ito original legis (but must not conflict
with prov of
enabling Act / statute)
= In Nat sphere of gov – this legis passed
by institutions empowered to make these rules
= Examples:- # Proclamations of
President (issued ito empowering
statute to declare date of
commencement of particular
statute
# Regulations made [Show Less]