, Question 1:
Define administrative law in relation to public law (2 marks)
Administrative law is a specialised field within public law that governs the exercise of
public power by the executive branch of government, including organs of state and
public officials. While public law broadly regulates the relationship between
individuals and the state, administrative law specifically ensures that administrative
decisions and actions are conducted lawfully, reasonably, and fairly 1. It is closely tied
to constitutional law because the Constitution of the Republic of South Africa, 1996,
particularly section 33 of the Bill of Rights, guarantees every person the right to just
administrative action2.
The role of administrative law is thus twofold: it enables the state to perform
necessary governance functions while simultaneously imposing legal limits to protect
individuals from arbitrary or abusive administrative conduct. This balancing function
lies at the heart of modern constitutional democracies, where the rule of law and
accountability of state power are foundational values3. In effect, administrative law
translates abstract constitutional principles into enforceable rights and obligations
within the daily operations of public administration4.
Question 2: Identify all sources of administrative law and indicate whether they are
authoritative or persuasive in nature
1
Hoexter C Administrative Law in South Africa 3 ed (2021) 12.
2
Constitution of the Republic of South Africa, 1996, s 33.
3
Burns Y & Beukes M Administrative Law Under the 1996 Constitution 4 ed (2022) 8.
4
Quinot G State Capacity and the Rule of Law (2019) Stellenbosch Law Review 30(2): 220–233.
Define administrative law in relation to public law (2 marks)
Administrative law is a specialised field within public law that governs the exercise of
public power by the executive branch of government, including organs of state and
public officials. While public law broadly regulates the relationship between
individuals and the state, administrative law specifically ensures that administrative
decisions and actions are conducted lawfully, reasonably, and fairly 1. It is closely tied
to constitutional law because the Constitution of the Republic of South Africa, 1996,
particularly section 33 of the Bill of Rights, guarantees every person the right to just
administrative action2.
The role of administrative law is thus twofold: it enables the state to perform
necessary governance functions while simultaneously imposing legal limits to protect
individuals from arbitrary or abusive administrative conduct. This balancing function
lies at the heart of modern constitutional democracies, where the rule of law and
accountability of state power are foundational values3. In effect, administrative law
translates abstract constitutional principles into enforceable rights and obligations
within the daily operations of public administration4.
Question 2: Identify all sources of administrative law and indicate whether they are
authoritative or persuasive in nature
1
Hoexter C Administrative Law in South Africa 3 ed (2021) 12.
2
Constitution of the Republic of South Africa, 1996, s 33.
3
Burns Y & Beukes M Administrative Law Under the 1996 Constitution 4 ed (2022) 8.
4
Quinot G State Capacity and the Rule of Law (2019) Stellenbosch Law Review 30(2): 220–233.
