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ADL2601
ASSIGNMENT 1
MEMO - SEMESTER
1 - 2025 - UNISA –
DUE DATE: - 12
MARCH 2025
(DETAILED
ANSWERS - FULLY
REFERENCED -
GUARANTEED A+!)
[Pick the date]
[Type the document subtitle]
, Exam (elaborations)
ADL2601 ASSIGNMENT 1 MEMO - SEMESTER
1 - 2025 - UNISA – DUE DATE: - 12 MARCH
2025 (DETAILED ANSWERS - FULLY
REFERENCED - GUARANTEED A+!)
Course
ADL2601 - Administrative Law
Institution
University Of South Africa (Unisa)
Questions 1. Discuss the meaning and nature of judicial review and appeal in
the context of administrative law. [10] 2. Discuss the (4) four important rules
which apply to deconcentration as a specific form of delegation. [8] 3.
Discuss the concept of ultra virus in the context of admin law and its use. [2]
Judicial Review and Appeal in Administrative Law
Judicial review and appeal are two key mechanisms used to oversee administrative decisions in a
legal system. While they serve related purposes, they have distinct meanings, processes, and
consequences. Below is a detailed discussion of their meaning and nature in administrative law.
1. Meaning and Nature of Judicial Review
Judicial review is the process by which a court examines the actions or decisions of public bodies
(such as government departments, regulatory agencies, or municipalities) to ensure that they
comply with the law. It is a mechanism used to check whether an administrative authority has
acted within its legal powers and followed fair procedures. Judicial review is concerned with the
lawfulness of a decision rather than its merits.
Key Features of Judicial Review:
Concerned with legality, not merits: The court does not assess whether the decision
was the best one but only whether it was made in accordance with the law.
Grounds for review: A court may intervene if there is:
o Illegality – The decision-maker acted beyond their legal authority (ultra vires).
o Procedural unfairness – Failure to follow due process, including the right to be
heard.
o Irrationality – A decision that is so unreasonable that no rational person would
make it.
o Bias – The decision-maker had a personal or financial interest in the outcome.
Remedies available:
o Setting aside the unlawful decision.
ADL2601
ASSIGNMENT 1
MEMO - SEMESTER
1 - 2025 - UNISA –
DUE DATE: - 12
MARCH 2025
(DETAILED
ANSWERS - FULLY
REFERENCED -
GUARANTEED A+!)
[Pick the date]
[Type the document subtitle]
, Exam (elaborations)
ADL2601 ASSIGNMENT 1 MEMO - SEMESTER
1 - 2025 - UNISA – DUE DATE: - 12 MARCH
2025 (DETAILED ANSWERS - FULLY
REFERENCED - GUARANTEED A+!)
Course
ADL2601 - Administrative Law
Institution
University Of South Africa (Unisa)
Questions 1. Discuss the meaning and nature of judicial review and appeal in
the context of administrative law. [10] 2. Discuss the (4) four important rules
which apply to deconcentration as a specific form of delegation. [8] 3.
Discuss the concept of ultra virus in the context of admin law and its use. [2]
Judicial Review and Appeal in Administrative Law
Judicial review and appeal are two key mechanisms used to oversee administrative decisions in a
legal system. While they serve related purposes, they have distinct meanings, processes, and
consequences. Below is a detailed discussion of their meaning and nature in administrative law.
1. Meaning and Nature of Judicial Review
Judicial review is the process by which a court examines the actions or decisions of public bodies
(such as government departments, regulatory agencies, or municipalities) to ensure that they
comply with the law. It is a mechanism used to check whether an administrative authority has
acted within its legal powers and followed fair procedures. Judicial review is concerned with the
lawfulness of a decision rather than its merits.
Key Features of Judicial Review:
Concerned with legality, not merits: The court does not assess whether the decision
was the best one but only whether it was made in accordance with the law.
Grounds for review: A court may intervene if there is:
o Illegality – The decision-maker acted beyond their legal authority (ultra vires).
o Procedural unfairness – Failure to follow due process, including the right to be
heard.
o Irrationality – A decision that is so unreasonable that no rational person would
make it.
o Bias – The decision-maker had a personal or financial interest in the outcome.
Remedies available:
o Setting aside the unlawful decision.
