ADL2601 ASSIGNMENT 1 –
SEMESTER 1 (2025) – 622255
DUE 12 MARCH 2025
, ADL2601 ASSIGNMENT 1 –
SEMESTER 1 (2025) – 622255
DUE 12 MARCH 2025
QUESTIONS: 1. Discuss the meaning and
nature of judicial review and appeal in the
context of administrative law.
1. Judicial Review
Meaning and Nature
Judicial review is a process by which a court examines the
lawfulness of an administrative decision or action. It focuses
on whether the decision was made in accordance with the
law, procedural fairness, and constitutional principles,
rather than re-evaluating the merits of the decision itself.
Key Principles of Judicial Review
Legality: The decision must be made within the powers
granted by law.
Procedural Fairness: The decision-maker must follow
fair procedures (e.g., giving affected parties the right to
be heard).
Reasonableness: The decision must not be irrational or
grossly unreasonable.
Bias and Improper Motives: The decision should not
be influenced by bias, fraud, or ulterior motives.
Grounds for Judicial Review (PAJA – Promotion of
Administrative Justice Act 3 of 2000)
Failure to follow proper procedures
Acting beyond legal authority (ultra vires)
SEMESTER 1 (2025) – 622255
DUE 12 MARCH 2025
, ADL2601 ASSIGNMENT 1 –
SEMESTER 1 (2025) – 622255
DUE 12 MARCH 2025
QUESTIONS: 1. Discuss the meaning and
nature of judicial review and appeal in the
context of administrative law.
1. Judicial Review
Meaning and Nature
Judicial review is a process by which a court examines the
lawfulness of an administrative decision or action. It focuses
on whether the decision was made in accordance with the
law, procedural fairness, and constitutional principles,
rather than re-evaluating the merits of the decision itself.
Key Principles of Judicial Review
Legality: The decision must be made within the powers
granted by law.
Procedural Fairness: The decision-maker must follow
fair procedures (e.g., giving affected parties the right to
be heard).
Reasonableness: The decision must not be irrational or
grossly unreasonable.
Bias and Improper Motives: The decision should not
be influenced by bias, fraud, or ulterior motives.
Grounds for Judicial Review (PAJA – Promotion of
Administrative Justice Act 3 of 2000)
Failure to follow proper procedures
Acting beyond legal authority (ultra vires)