1
ADMINISTRATIVE LAW
UNIT 1 – DESCRIBING ADMIN LAW
4 Key issues / pillars in Admin Law
Authority = * 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”
, 2
Control of admin action = The way / manner in which authority / power has
been exercised
3 Requirements for any admin action:-
1. Be lawful – must comply with all req of law (as found in sources of law)
2. 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
, 3
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:-
, 4
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)
2. Legislation - Parliament often expressly instruction to adopt legis to give
effect to Const
provision
- Is a primary source of law – most of our law drafted in form of
legis (but
all legis to comply with provisions of Const)
ADMINISTRATIVE LAW
UNIT 1 – DESCRIBING ADMIN LAW
4 Key issues / pillars in Admin Law
Authority = * 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”
, 2
Control of admin action = The way / manner in which authority / power has
been exercised
3 Requirements for any admin action:-
1. Be lawful – must comply with all req of law (as found in sources of law)
2. 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
, 3
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:-
, 4
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)
2. Legislation - Parliament often expressly instruction to adopt legis to give
effect to Const
provision
- Is a primary source of law – most of our law drafted in form of
legis (but
all legis to comply with provisions of Const)
