PUB3707
October November PORTFOLIO 2025
Unique Number:
Due Date: 9 October 2025
INTRODUCTION
This portfolio brings together key reflections and essays on the role of the administrative
state within the framework of constitutional democracy. The first section focuses on
conceptual understanding of the trias politica principle and how the separation of powers
between the legislative, executive, and judicial branches functions as a safeguard against
the abuse of power. It further explores the growth of the administrative state, its significance
in governance, and the challenges that arise from its expanding role. The second section is
reflective in nature and considers how administrative discretion shapes public administration.
It examines the transfer of authority to executive institutions, the meaning and application of
administrative decision-making, and the different forms of discretion exercised in practice.
The portfolio therefore highlights both theoretical and practical insights, providing a
foundation for understanding the complexities of the administrative state in modern
governance.
QUESTION 1: THE ADMINISTRATIVE STATE: SIGNIFICANCE, DEVELOPMENT,
CONSEQUENCES AND PROBLEMS Terms of use
By making use of this document you agree to:
1. INTRODUCTION Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
INTRODUCTION
This portfolio brings together key reflections and essays on the role of the
administrative state within the framework of constitutional democracy. The first
section focuses on conceptual understanding of the trias politica principle and how
the separation of powers between the legislative, executive, and judicial branches
functions as a safeguard against the abuse of power. It further explores the growth of
the administrative state, its significance in governance, and the challenges that arise
from its expanding role. The second section is reflective in nature and considers how
administrative discretion shapes public administration. It examines the transfer of
authority to executive institutions, the meaning and application of administrative
decision-making, and the different forms of discretion exercised in practice. The
portfolio therefore highlights both theoretical and practical insights, providing a
foundation for understanding the complexities of the administrative state in modern
governance.
QUESTION 1: THE ADMINISTRATIVE STATE: SIGNIFICANCE, DEVELOPMENT,
CONSEQUENCES AND PROBLEMS
1. INTRODUCTION
The principle of trias politica refers to the separation of powers between the
legislative, executive, and judicial branches of government. It was popularised by
Montesquieu in the eighteenth century and has since become a key constitutional
principle in modern states (Labuschagne, 2006). The main aim of this principle is to
prevent the abuse of power by ensuring that no single branch of government holds
unchecked authority. In South Africa, the Constitution of 1996 provides for this
separation of powers, but in practice, the executive authority – particularly the
administrative branch – has expanded to play a dominant role in governance. This
development has given rise to what is known as the administrative state.
This essay explains the administrative state by considering its significance, reasons
for growth, extent, consequences, and problems.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
October November PORTFOLIO 2025
Unique Number:
Due Date: 9 October 2025
INTRODUCTION
This portfolio brings together key reflections and essays on the role of the administrative
state within the framework of constitutional democracy. The first section focuses on
conceptual understanding of the trias politica principle and how the separation of powers
between the legislative, executive, and judicial branches functions as a safeguard against
the abuse of power. It further explores the growth of the administrative state, its significance
in governance, and the challenges that arise from its expanding role. The second section is
reflective in nature and considers how administrative discretion shapes public administration.
It examines the transfer of authority to executive institutions, the meaning and application of
administrative decision-making, and the different forms of discretion exercised in practice.
The portfolio therefore highlights both theoretical and practical insights, providing a
foundation for understanding the complexities of the administrative state in modern
governance.
QUESTION 1: THE ADMINISTRATIVE STATE: SIGNIFICANCE, DEVELOPMENT,
CONSEQUENCES AND PROBLEMS Terms of use
By making use of this document you agree to:
1. INTRODUCTION Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
INTRODUCTION
This portfolio brings together key reflections and essays on the role of the
administrative state within the framework of constitutional democracy. The first
section focuses on conceptual understanding of the trias politica principle and how
the separation of powers between the legislative, executive, and judicial branches
functions as a safeguard against the abuse of power. It further explores the growth of
the administrative state, its significance in governance, and the challenges that arise
from its expanding role. The second section is reflective in nature and considers how
administrative discretion shapes public administration. It examines the transfer of
authority to executive institutions, the meaning and application of administrative
decision-making, and the different forms of discretion exercised in practice. The
portfolio therefore highlights both theoretical and practical insights, providing a
foundation for understanding the complexities of the administrative state in modern
governance.
QUESTION 1: THE ADMINISTRATIVE STATE: SIGNIFICANCE, DEVELOPMENT,
CONSEQUENCES AND PROBLEMS
1. INTRODUCTION
The principle of trias politica refers to the separation of powers between the
legislative, executive, and judicial branches of government. It was popularised by
Montesquieu in the eighteenth century and has since become a key constitutional
principle in modern states (Labuschagne, 2006). The main aim of this principle is to
prevent the abuse of power by ensuring that no single branch of government holds
unchecked authority. In South Africa, the Constitution of 1996 provides for this
separation of powers, but in practice, the executive authority – particularly the
administrative branch – has expanded to play a dominant role in governance. This
development has given rise to what is known as the administrative state.
This essay explains the administrative state by considering its significance, reasons
for growth, extent, consequences, and problems.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
