1. Define Administrative Law. [6]
2. Define Administrative Law. [6]
3. Identify the characteristics of an administrative law relationship. [3]
4. In which section of the Constitution of South Africa, 1996 does the supreme law deal with just administrative action? [1]
5. Define administrative ac...
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, 1. Define Administrative Law. [6]
Administrative law is the sum of legal rules that grant people, or bodies in
authority, the power to take action; prescribe the procedures to be
followed when taking such action; and ensure that such action is within
the boundaries of the law. Administrative law ensures that administrative
actions are lawful, fair, reasonable, and consistent with the Constitution
and other relevant laws. According to the Constitutional Court,
administrative law is "an incident of the separation of powers under which
the courts regulate and control the exercise of public power by the other
branches of government.
Key aspects of administrative law in South Africa include:
• Judicial Review: Administrative law provides mechanisms for the
judicial review of administrative decisions. Courts have the authority
to review the actions of administrative bodies and officials to ensure
that they comply with legal requirements and adhere to the
principles of administrative justice. Everyone has the right to have
any dispute that can be resolved by the application of law decided
in a fair public hearing before a court or, where appropriate, another
independent and impartial tribunal or forum.
• Administrative Justice: Administrative law is deeply concerned with
the principles of administrative justice, which include fairness,
impartiality, transparency, and accountability. Administrative
actions must be taken in accordance with these principles to ensure
that individuals are treated fairly and that decisions are made in a
just and unbiased manner.
• Procedural Fairness: Administrative law establishes procedural rules
that govern the decision-making processes of administrative bodies.
These rules ensure that affected individuals are given adequate
notice, opportunity to be heard, and access to remedies in cases
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