ADL2601 EXAM 16 MAY 2024
QUESTION 1
1.1 List the persuasive sources of administrative law.
1. Writings in books and journals expressing academic opinions
2. Policy documents such as Green and White Papers
3. Reports by ``state institutions supporting constitutional democracy'' such as reports of
the Human Rights Commission
4. Foreign law
1.2 Identify the 6 (six) ways in which the legal force of administrative action can be
ended
Repeal/Revocation: The administrative action can be terminated by the issuing authority
through repeal or revocation of the decision.
Amendment: The legal force of administrative action can also be ended through an
amendment, which involves making changes to the original decision.
Lapse of Time: If a certain period of time specified by law passes, the administrative action
may lose its legal force due to lapse of time.
Withdrawal of One of the Subjects: If one of the parties involved in the administrative
relationship withdraws from it, the legal force of the administrative action may be
terminated.
Functus Officio: This term refers to the situation where the administrator or organ of state
has completed their task or duty and is no longer able to change their decision. Once
functus officio is reached, the administrative action cannot be revisited or altered.
Court Order: The legal force of administrative action can be terminated by a court order,
typically issued by a higher judicial body, such as the High Court, which can alter, rescind,
or uphold the administrative decision.
QUESTION 1
1.1 List the persuasive sources of administrative law.
1. Writings in books and journals expressing academic opinions
2. Policy documents such as Green and White Papers
3. Reports by ``state institutions supporting constitutional democracy'' such as reports of
the Human Rights Commission
4. Foreign law
1.2 Identify the 6 (six) ways in which the legal force of administrative action can be
ended
Repeal/Revocation: The administrative action can be terminated by the issuing authority
through repeal or revocation of the decision.
Amendment: The legal force of administrative action can also be ended through an
amendment, which involves making changes to the original decision.
Lapse of Time: If a certain period of time specified by law passes, the administrative action
may lose its legal force due to lapse of time.
Withdrawal of One of the Subjects: If one of the parties involved in the administrative
relationship withdraws from it, the legal force of the administrative action may be
terminated.
Functus Officio: This term refers to the situation where the administrator or organ of state
has completed their task or duty and is no longer able to change their decision. Once
functus officio is reached, the administrative action cannot be revisited or altered.
Court Order: The legal force of administrative action can be terminated by a court order,
typically issued by a higher judicial body, such as the High Court, which can alter, rescind,
or uphold the administrative decision.
