1/1/2023
ADMINSTRATIVE LAW (ADL2601)
STUDY PACK
With notes and possible exam
questions and solutions
BMSA LAW TUTORS
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Study Unit 1
Four key features of administrative law
There are four key features of administrative law, these are the base of the module
ADMINSTRATIVE LAW.
1)State Authority This is public power exercised by an organ of state or natural
or juristic person over another person or body in a subordinate
or subservient position. The exercise of such authority affects
the rights of that subordinate.
The question to ask in administrative law is whether any
person or body has acted as an organ on state. Whether
the actor does indeed have such authority as a public
function.
2)Administrative Action This is the conduct of functionaries and institutions,
administrators when exercising a public power or performing a
public function in terms of any legislation. It usually is in the
form of a decision.
3)Just Administrative This is the manner or conduct in which any administrative
Action action must be performed by an organ of state, natural or
juristic person in exercising state authority. The constitution
requires all administrators to act lawfully, reasonably, to follow
fair procedures and to give written reasons when decisions are
made that adversely affect the rights of any subordinate
person.
4)Control of These are the means of correcting or rectifying administrative
administrative action action that is not just/fair, when administrative action is not in
line with the prescriptions of the law. It applies when prejudice
of subordinate can be established. Does he have a
case/grievance against the administrator
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What is administrative law?
Administrative law forms part of public law. It regulates the activities of organs of
state and natural/juristic persons that exercise public powers / perform public
functions. By regulating the activities of organ of state and natural/juristic persons
include prescribing the procedures to be followed when public powers are
exercised, or public functions are performed ensuring that such action is within
boundaries of the law. In regulating it also includes control over such action.
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Study Unit 2
The Administrative Law relationship
THE CHARACTERISITICS OF THE ADMINISTRATIVE-LAW
RELATIONSHIP
Public Law Regulates the organization of the state and the relationship
between the state & the relationship between the individual.
Concerned with the exercise of state authority by the
government and deals with relationships were one of the
parties are always the state as bearer of state authority.
Vertical Relationship The Public law relationship is vertical: someone in authority
subordinate.
Private Law Concerned with relationships between individuals who are
on an equal footing. It is a relationship of equality.
Horizontal Relationship Private law is horizontal: individual – individual
Characteristic One legal subject must be in a position of authority. 2- it
must be held by a person who has the right to exercise
state authority. Must have the power to prescribe, restrict or
allow certain behaviour.
It can also exist between a person exercising authority and
a lower ranking official in the same department.
Define an administrative-law relationship, including the concepts of general
and individual administrative-law relationships?
An administrative relationship exists between two or more people where at least
one of the subjects is a person or body clothed in state authority who is able to
exercise that authority over a person or body in a subordinate position whose rights
are affected by the action. It is an unequal relationship.
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