, Introduction
Public administration, as both a practice and field of study, is deeply rooted in the
principles of constitutionalism, governance, and the rule of law. In South Africa, the
constitutional dispensation that emerged in 1994 necessitated a system of government
that ensures accountability, transparency, and responsiveness to the needs of citizens.
Within this context, the Trias Politica doctrine—separation of powers among the
executive, legislature, and judiciary—provides the theoretical foundation upon which
the modern administrative state is built (Venter, 2014). The rise of the administrative
state has further reshaped governance by expanding the role of bureaucracy,
introducing delegated legislation, and establishing mechanisms of administrative
adjudication and discretion.
The study of administrative law and governance is crucial because public
administration serves as the primary vehicle through which constitutional rights and
developmental goals are realised. For instance, the South African government has to
balance efficiency in service delivery with the protection of individual rights, which
requires appropriate control measures over delegated legislation and administrative
discretion (Cloete & Thornhill, 2012). These themes are not only significant in ensuring
effective governance but also in safeguarding democratic values in a society marked
by inequality and socio-economic transformation.
This portfolio therefore examines five key aspects of public administration and
administrative law: (1) the theoretical foundations of Trias Politica, (2) the meaning,
growth, and consequences of the administrative state, (3) the nature, role, and
control of delegated legislation, (4) the processes and institutions of administrative
adjudication, and (5) the scope, types, and challenges of administrative discretion.
By critically analysing these dimensions, the portfolio demonstrates how theory and
practice intersect in shaping public administration in South Africa.
Public administration, as both a practice and field of study, is deeply rooted in the
principles of constitutionalism, governance, and the rule of law. In South Africa, the
constitutional dispensation that emerged in 1994 necessitated a system of government
that ensures accountability, transparency, and responsiveness to the needs of citizens.
Within this context, the Trias Politica doctrine—separation of powers among the
executive, legislature, and judiciary—provides the theoretical foundation upon which
the modern administrative state is built (Venter, 2014). The rise of the administrative
state has further reshaped governance by expanding the role of bureaucracy,
introducing delegated legislation, and establishing mechanisms of administrative
adjudication and discretion.
The study of administrative law and governance is crucial because public
administration serves as the primary vehicle through which constitutional rights and
developmental goals are realised. For instance, the South African government has to
balance efficiency in service delivery with the protection of individual rights, which
requires appropriate control measures over delegated legislation and administrative
discretion (Cloete & Thornhill, 2012). These themes are not only significant in ensuring
effective governance but also in safeguarding democratic values in a society marked
by inequality and socio-economic transformation.
This portfolio therefore examines five key aspects of public administration and
administrative law: (1) the theoretical foundations of Trias Politica, (2) the meaning,
growth, and consequences of the administrative state, (3) the nature, role, and
control of delegated legislation, (4) the processes and institutions of administrative
adjudication, and (5) the scope, types, and challenges of administrative discretion.
By critically analysing these dimensions, the portfolio demonstrates how theory and
practice intersect in shaping public administration in South Africa.
