STUDY PACK
ADL2601.
, 1
Study Unit 1
Four key features of administrative law
There are four key features of administrative
law, these are the base of the module
ADMINSTRATIVE LAW.
1)State Authority This is public power exercised by an organ of
state or natural or juristic person over another
person or body in a subordinate or subservient
position. The exercise of such authority affects
the rights of that subordinate.
The question to ask in administrative law is
whether any person or body has acted as an
organ on state. Whether the actor does indeed
have such authority as a public function.
2)Administrative This is the conduct of functionaries and
Action institutions, administrators when exercising a
public power or performing a public function in
terms of any legislation. It usually is in the form
of a decision.
3)Just This is the manner or conduct in which any
Administrative administrative action must be performed by an
Action organ of state, natural or juristic person in
exercising state authority. The constitution
requires all administrators to act lawfully,
reasonably, to follow fair procedures and to give
1
, 2
written reasons when decisions are made that
adversely affect the rights of any subordinate
person.
4)Control of These are the means of correcting or rectifying
administrative action administrative action that is not just/fair, when
administrative action is not in line with the
prescriptions of the law. It applies when
prejudice of subordinate can be established.
Does he have a case/grievance against the
administrator
What is administrative law?
Administrative law forms part of public law. It regulates the
activities of organs of state and natural/juristic persons that
exercise public powers / perform public functions. By
regulating the activities of organ of state and natural/juristic
persons include prescribing the procedures to be followed when
public powers are exercised or public functions are performed
ensuring that such action is within boundaries of the law. It
regulating also includes control over such action
2
, 3
Study Unit 2
The Administrative Law relationship
THE CHARACTERISITICS OF THE ADMINISTRATIVE-LAW RELATIONSHIP
Public Law Regulates the organization of the state and
the relationship btwn the state & the
relationship btwn the individual. Concerned
with the exercise of state authority by the gvt
and deals with relationships were one of the
parties are always the state as bearer of state
authority.
Vertical The Public law relationship is vertical:
Relationship someone in authority subordinate.
Private Law Concerned with relationships btwn
individuals who are on an equal footing. It is a
relationship of equality.
Horizontal Private law is horizontal: individual –
Relationship individual
Characteristic One legal subject must be in a position of
authority. 2- it must be held by a person who
has the right to exercise state authority. Must
have the power to prescribe, restrict or allow
certain behavior.
3
ADL2601.
, 1
Study Unit 1
Four key features of administrative law
There are four key features of administrative
law, these are the base of the module
ADMINSTRATIVE LAW.
1)State Authority This is public power exercised by an organ of
state or natural or juristic person over another
person or body in a subordinate or subservient
position. The exercise of such authority affects
the rights of that subordinate.
The question to ask in administrative law is
whether any person or body has acted as an
organ on state. Whether the actor does indeed
have such authority as a public function.
2)Administrative This is the conduct of functionaries and
Action institutions, administrators when exercising a
public power or performing a public function in
terms of any legislation. It usually is in the form
of a decision.
3)Just This is the manner or conduct in which any
Administrative administrative action must be performed by an
Action organ of state, natural or juristic person in
exercising state authority. The constitution
requires all administrators to act lawfully,
reasonably, to follow fair procedures and to give
1
, 2
written reasons when decisions are made that
adversely affect the rights of any subordinate
person.
4)Control of These are the means of correcting or rectifying
administrative action administrative action that is not just/fair, when
administrative action is not in line with the
prescriptions of the law. It applies when
prejudice of subordinate can be established.
Does he have a case/grievance against the
administrator
What is administrative law?
Administrative law forms part of public law. It regulates the
activities of organs of state and natural/juristic persons that
exercise public powers / perform public functions. By
regulating the activities of organ of state and natural/juristic
persons include prescribing the procedures to be followed when
public powers are exercised or public functions are performed
ensuring that such action is within boundaries of the law. It
regulating also includes control over such action
2
, 3
Study Unit 2
The Administrative Law relationship
THE CHARACTERISITICS OF THE ADMINISTRATIVE-LAW RELATIONSHIP
Public Law Regulates the organization of the state and
the relationship btwn the state & the
relationship btwn the individual. Concerned
with the exercise of state authority by the gvt
and deals with relationships were one of the
parties are always the state as bearer of state
authority.
Vertical The Public law relationship is vertical:
Relationship someone in authority subordinate.
Private Law Concerned with relationships btwn
individuals who are on an equal footing. It is a
relationship of equality.
Horizontal Private law is horizontal: individual –
Relationship individual
Characteristic One legal subject must be in a position of
authority. 2- it must be held by a person who
has the right to exercise state authority. Must
have the power to prescribe, restrict or allow
certain behavior.
3
