CONTENTS
Page
INTRODUCTION ix
PART 1: STATE AUTHORITY AND THE HOLDERS OF SUCH AUTHORITY 1
LEARNING UNIT 1: Describing administrative law 2
1.1 An overview of the general features of administrative law 2
1.1.1 State authority 2
1.1.2 Administrative action 3
1.1.3 Just administrative act...
PART 1: STATE AUTHORITY AND THE HOLDERS OF SUCH AUTHORITY 1
LEARNING UNIT 1: Describing administrative law 2
1.1 An overview of the general features of administrative law 2
1.1.1 State authority 2
1.1.2 Administrative action 3
1.1.3 Just administrative action 3
1.1.4 Control of administrative action 3
1.2 A list of general concepts and technical terms often encountered in
administrative law, and their explanation 5
1.3 What is administrative law? 8
1.4 A brief list of abbreviations encountered in administrative law sources 18
1.5 Conclusion 18
LEARNING UNIT 2: The administrative-law relationship 20
2.1 The characteristics of the administrative-law relationship 22
2.2 The distinction between a general and an individual administrative-
law relationship 24
2.2.1 The general or objective relationship 24
2.2.2 The individual or subjective relationship 24
2.3 Conclusion 26
LEARNING UNIT 3: The legal subjects of the administrative-law
relationship 27
3.1 The identification of the authoritative party in the administrative-
law relationship 27
3.2 The role of associations, clubs and other “private” organisations 32
3.3 The persons – natural or juristic – whose rights and interests are
affected by the exercise of authority 33
3.4 Is the subordinate person powerless in the authoritative relationship? 34
3.5 The object of or reason for the administrative-law relationship 35
3.6 Conclusion 35
LEARNING UNIT 4: The sources of administrative law 36
4.1 What are the sources of law? 36
4.2 The sources of administrative law 37
4.2.1 Binding or authoritative sources 38
4.2.2 Persuasive sources 46
4.3 Where to find administrative-law sources 47
4.4 How to find the sources of administrative law in a particular situation 48
4.5 Conclusion 50
PART 2: ADMINISTRATIVE ACTION 51
LEARNING UNIT 5: Administrative action 52
5.1 The definition of “administrative action” 52
ADL2601/1 (iii)
, 5.1.1 Section 1 of PAJA 52
5.1.2 Action that does NOT qualify as administrative action 58
5.1.3 Judicial interpretation of administrative action 63
5.1.4 Constitutional instruction (background to section 1) 64
5.2 The need to establish whether administrative action is involved 66
5.3 The classes of administrative action 67
5.3.1 The three classes of administrative action and the distinctive
characteristics of each 67
5.3.2 Separation of powers and three classes of administrative action 69
5.4 The legal force of administrative action 71
5.4.1 When does administrative action take effect? 71
5.4.2 Termination of the legal force of administrative action 72
5.5 Conclusion 74
PART 3: JUST ADMINISTRATIVE ACTION 75
LEARNING UNIT 6: Just administrative action – setting the scene 76
6.1 Introductory remarks 76
6.2 An explanation of the concept of just administrative action 80
6.2.1 Section 33 of the Constitution 80
6.2.2 The principles and values of section 195(1) of the Constitution and
their relation to just administrative action 81
6.3 Other overarching terms used to refer to just administrative action 82
6.4 Conclusion 86
LEARNING UNIT 7: The right to lawful administrative action as
requirement for valid administrative action 87
7.1 Introductory remarks 88
7.2 The concept of lawfulness 89
7.2.1 PAJA and lawful administrative action 89
7.2.2 The meaning of “lawful” in the context of a right to lawful
administrative action in section 33(1) 89
7.2.3 Lawfulness as reflected in other provisions of the Constitution 91
7.2.4 Lawfulness and the enabling or empowering statute 91
7.2.5 Other legislation 92
7.3 Provisions dealing with the administrator 95
7.3.1 Introduction 95
7.3.2 Who is the administrator? 96
7.3.3 Qualifications of the administrator: proper appointment and other
provisions 97
7.4 Delegation 98
7.4.1 The rule about delegation 98
7.4.2 When is delegation of powers permissible? 99
7.4.3 The various forms of delegation 100
7.5 The powers of the administrator 106
7.5.1 The powers of the administrator prescribed by law 106
7.5.2 The geographical area or place where the administrator must
exercise power 107
7.5.3 The time within which the administrator must exercise power 107
7.5.4 The object or subject matter of the power or authority 108
7.5.5 Prohibition of or restriction on the abuse of power by the administrator 109
7.5.5.1 Unauthorised or ulterior purpose 110
7.5.5.2 Exercising power using an unauthorised procedure 112
(iv)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller docguru. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $14.49. You're not tied to anything after your purchase.
