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The nexus between Administrative Constitutional law

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  • Course
  • LLB
  • Institution
  • LLB
  • Book
  • Administrative Law

In summary, it outlines the nexus between administrative and constitutional law is intricate and symbiotic. Constitutional law provides the overarching framework within which administrative law operates, ensuring that the powers delegated to administrative agencies are exercised in a manner consist...

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  • January 31, 2024
  • 5
  • 2022/2023
  • Class notes
  • Nagula
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  • he nexus between administrative constitutional law

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The nexus between
ADL & ConLaw
A twin relationship

, The constituent parts of the cultu
of
 justification
The rule of law and separation of powers
“ […] the rule of law and the separation of powers […] are foundational cornerstones of the C
An infringement of those basic principles underpinning the Constitution are just as justic
infringement of the fundamental rights and freedoms contained in Chapter 3 of the Cons
of Rights).” – CRAN v Telecom, SC, par. 22.
 Constitutional supremacy
“All law [and conduct] must comply with the Constitution, and to the extent it does not, is liable
declared invalid. Article 1(6) of the Constitution is the so-called ‘Supremacy Clause”- Ibid.
 The principle of legality (PoL)
“Where the exercise of a public power is not an administrative action, that exercise of power m
challenged under any provision of the Constitution as a violation of the constitutional princip
legality.” – Pharmaceutical Manufactures case, SA ConCourt, 2000
For example: “[…] , it would appear that the legislature intended that the internal
would not amount to administrative action contemplated by Art 18 but remain subject to l
given the supremacy of the Constitution. Swartbooi case, SC, par. 56.

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