Exam (elaborations)
ADL2601 STUDY NOTES, QUESTIONS AND ANSWERS 2021
- Course
- ADL2601 LATEST EXAM PACK
- Institution
- University Of South Africa (Unisa)
Well detailed notes, questions and answers for exam preparation.
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ADL2601 SUMMARY NOTESAND STUDY PACK
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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 Action This is the manner or conduct in which any administrative 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 administrative These are the means of correcting or rectifying 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
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
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performed ensuring that such action is within boundaries of the law. It regulating also
includes control over such action
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 btwn
the state & the relationship btwn the individual. Concerned with
the exercise of state authority by the gvt 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 btwn 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
behavior.
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?
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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.
2 Kinds of Administrative-law relationships:
In a general administrative-law
The general relationship the legal rules
or governing the relationship
objective between the parties apply to all
relationship the subjects in a particular
group. It is created by, changed
and terminated by legislation.
Example: refugees must adhere
to the Refugees Act 130 of 1998,
therefore the relationship is
between refugees and the Dept of
Home Affairs
An individual administrative-law
relationship the rules apply
The personally and specifically between
individual the parties. The relationship is
or created by individual
subjective administrative decisions and not
relationship affected by new legislative or
amended provisions unless
explicitly stipulated.
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