,PUB3707 October November Portfolio
Semester 2 2025 (Answer Guide) - DUE 30
September 2025
PUB3707 Portfolio Answer Guide
October/November 2025 – Semester 2
Due: 30 September 2025
UNISA
Introduction
The purpose of this portfolio is to examine the concept of the
administrative state within the framework of constitutional
governance in South Africa. The Constitution of 1996
entrenches the doctrine of separation of powers (trias
politica), which requires that legislative, executive and judicial
powers remain distinct in order to prevent abuse of power
and uphold the rule of law (s. 1(c), Constitution of the
Republic of South Africa, 1996). However, in practice, the
administrative state has grown significantly, influencing nearly
all aspects of daily life. This growth is driven by the need to
address complex socio-economic challenges, deliver services
effectively, and regulate modern governance. The following
sections analyse the theoretical foundations, meaning, drivers,
growth, and consequences of the administrative state, as well
, as delegated legislation, administrative adjudication, and
administrative discretion.
Section A: Theoretical Foundations – The Trias Politica
The four assumptions of trias politica
The trias politica, as developed by Montesquieu, rests on four
main assumptions:
1. Division of state power – Power must be divided between
legislature, executive, and judiciary.
2. Checks and balances – Each branch must monitor and
limit the other to prevent abuse.
3. Functional independence – Each branch must perform
distinct functions without undue interference.
4. Protection of liberty – The separation ensures protection
of individual rights and freedoms.
The extent of application in South Africa
In South Africa, the doctrine is partially applied. The
Constitution provides for separation of powers, but also
recognises co-operative governance. For example, Parliament
makes laws, the executive implements them, and the judiciary
adjudicates disputes. However, overlap exists: the executive
participates in law-making through bills, and courts
Semester 2 2025 (Answer Guide) - DUE 30
September 2025
PUB3707 Portfolio Answer Guide
October/November 2025 – Semester 2
Due: 30 September 2025
UNISA
Introduction
The purpose of this portfolio is to examine the concept of the
administrative state within the framework of constitutional
governance in South Africa. The Constitution of 1996
entrenches the doctrine of separation of powers (trias
politica), which requires that legislative, executive and judicial
powers remain distinct in order to prevent abuse of power
and uphold the rule of law (s. 1(c), Constitution of the
Republic of South Africa, 1996). However, in practice, the
administrative state has grown significantly, influencing nearly
all aspects of daily life. This growth is driven by the need to
address complex socio-economic challenges, deliver services
effectively, and regulate modern governance. The following
sections analyse the theoretical foundations, meaning, drivers,
growth, and consequences of the administrative state, as well
, as delegated legislation, administrative adjudication, and
administrative discretion.
Section A: Theoretical Foundations – The Trias Politica
The four assumptions of trias politica
The trias politica, as developed by Montesquieu, rests on four
main assumptions:
1. Division of state power – Power must be divided between
legislature, executive, and judiciary.
2. Checks and balances – Each branch must monitor and
limit the other to prevent abuse.
3. Functional independence – Each branch must perform
distinct functions without undue interference.
4. Protection of liberty – The separation ensures protection
of individual rights and freedoms.
The extent of application in South Africa
In South Africa, the doctrine is partially applied. The
Constitution provides for separation of powers, but also
recognises co-operative governance. For example, Parliament
makes laws, the executive implements them, and the judiciary
adjudicates disputes. However, overlap exists: the executive
participates in law-making through bills, and courts
