ADL2601 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 26
August 2025
For assistance contact
Email:
, 1. Administrative Law in Relation to Public Law
Administrative law is a branch of public law that governs the activities of administrative
agencies of the government. Public law, in a broader sense, regulates the relationship between
the state and its citizens. Administrative law is a specific subset of public law that deals with
the powers, procedures, and remedies available to control the exercise of public power by
state organs. It ensures that public bodies act fairly, transparently, and legally when making
decisions that affect the public.
2. Sources of Administrative Law
The sources of administrative law can be authoritative or persuasive.
Authoritative Sources: These sources are legally binding and must be followed by courts
and administrative bodies.
• The Constitution: The supreme law of the country, particularly Section 33, which
provides for just administrative action. It's the most important authoritative source.
• Legislation: Acts of Parliament, such as the Promotion of Administrative Justice
Act (PAJA), which provides the framework for judicial review of administrative
action.
• Case Law (Judicial Precedent): Decisions of superior courts, which create binding
precedent for lower courts and guide administrative bodies on how to exercise their
powers.
Persuasive Sources: These sources are not legally binding but carry significant weight and
are used to inform or influence judicial and administrative decisions.
• International Law: Instruments like human rights treaties and declarations can
influence the interpretation of domestic administrative law.
• Academic Writings and Textbooks: The opinions and scholarly interpretations of
legal experts are often cited to support legal arguments.
• Policy Documents and Circulars: While not laws themselves, government policies
and internal directives can guide administrative action and may be considered by a
court.
3. Administrative Action under PAJA
The Minister of Home Affairs' decision to issue new ID cards and birth certificates to flood
victims and to stop issuing the old green IDs does amount to administrative action under
the Promotion of Administrative Justice Act (PAJA).
To qualify as administrative action, a decision must meet the following elements, all of which
are present here:
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 26
August 2025
For assistance contact
Email:
, 1. Administrative Law in Relation to Public Law
Administrative law is a branch of public law that governs the activities of administrative
agencies of the government. Public law, in a broader sense, regulates the relationship between
the state and its citizens. Administrative law is a specific subset of public law that deals with
the powers, procedures, and remedies available to control the exercise of public power by
state organs. It ensures that public bodies act fairly, transparently, and legally when making
decisions that affect the public.
2. Sources of Administrative Law
The sources of administrative law can be authoritative or persuasive.
Authoritative Sources: These sources are legally binding and must be followed by courts
and administrative bodies.
• The Constitution: The supreme law of the country, particularly Section 33, which
provides for just administrative action. It's the most important authoritative source.
• Legislation: Acts of Parliament, such as the Promotion of Administrative Justice
Act (PAJA), which provides the framework for judicial review of administrative
action.
• Case Law (Judicial Precedent): Decisions of superior courts, which create binding
precedent for lower courts and guide administrative bodies on how to exercise their
powers.
Persuasive Sources: These sources are not legally binding but carry significant weight and
are used to inform or influence judicial and administrative decisions.
• International Law: Instruments like human rights treaties and declarations can
influence the interpretation of domestic administrative law.
• Academic Writings and Textbooks: The opinions and scholarly interpretations of
legal experts are often cited to support legal arguments.
• Policy Documents and Circulars: While not laws themselves, government policies
and internal directives can guide administrative action and may be considered by a
court.
3. Administrative Action under PAJA
The Minister of Home Affairs' decision to issue new ID cards and birth certificates to flood
victims and to stop issuing the old green IDs does amount to administrative action under
the Promotion of Administrative Justice Act (PAJA).
To qualify as administrative action, a decision must meet the following elements, all of which
are present here:
