PUB3707 October November Portfolio Semester 2 2025 (Answer Guide) - DUE 30 September 2025

PUB3707 October November Portfolio Semester 2 2025 (Answer Guide) - DUE 30 September 2025 Contents Introduction 3 Section A: Theoretical Foundations: The Trias Politica 3 The four assumptions of trias politica 3 The extent of application in South Africa 4 Section B: Understanding the Administrative State: Meaning, Drivers and Growth 4 The meaning of the administrative state 4 Factors that gave rise to the establishment of the administrative state 5 Significance and reasons for growth 5 Extent and scope of the administrative state 6 Consequences and problems of the administrative state 6 Section C: Delegated Legislation 7 The nature of delegated legislation 7 The role of delegated legislation 7 Advantages of delegated legislation 8 Disadvantages of delegated legislation 8 Controls over delegated legislation 8 Section D: Administrative Adjudication 9 Nature and extent of administrative adjudication 9 Institutions entrusted with administrative adjudication 9 Advantages of administrative adjudication 10 Disadvantages of administrative adjudication 10 Control measures and their effectiveness 11 Section E: Administrative Discretion 11 Meaning of administrative discretion 11 How administrative discretion is exercised 12 Types of administrative discretion 12 Criteria for valid administrative discretion 12 Challenges of administrative discretion 13 Ensuring fairness in discretion 13 Conclusion 13 References 14