Summary
PBL310 STUDY UNIT 1: LECTURE NOTES + TEXTBOOK SUMMARY
- Course
- PBL 310 (PBL310)
- Institution
- University Of Pretoria (UP)
PBL310 STUDY UNIT 1: LECTURE NOTES + TEXTBOOK SUMMARY - VERY DETAILED
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PBL(AL – Administrative Law)
Case law
Legislation
Examples
Definitions
Foundational concepts
AL is vast because: it controls public powers which are diverse + there has been
growth in power/influence/activities of state +social justice/social/economic
What is AL transformation since post-apartheid + avoid mistakes of the past.
Broad def of AL: body of legal rules intended to achieve
administrative justice by regulating and controlling conduct that
amounts to administrative action (one of the key ways to hold state
accountable for misdeeds).
Administrative Action def: Sub-set of public power that is exercised in
course of administering the affairs of the estate.
AL aimed at administrative justice (when AL is performed in lawful,
fair, transparent and reasonable manner) – AL offers mechanisms to
challenge decision making officials when they are not acting in this
Does this through judicial review proceedings in court, appeal and review
manner. mechanisms to internal public bodies & public protector and other CH9
intuitions.
Judicial review of administrative power that constitutes administrative
action to achieve administrative action
Court = most prominent avenue which administrative action can be
enforced.
Courts control admin action and protect right to it.
Process of judicial review = courts scrutinize admin action to see if it
conforms to right to admin justice:
o Is admin action lawful, reasonable, and procedurally fair?
o Have persons affected by unlawful admin action been given
written reasons for actions?
, Judicial review tracks down instances of bad administration and aims
to correct improper exercise of administrative powers/failure to
perform administrative function.
Courts must balance rights of those adversely affected by admin
action, interests of promoting efficient admin, and duty of state to
promote and fulfil right to admin action (AL ultimately about
balancing interests).
AL is part of public law
AL regulates bodies that exercise public powers regardless of
whether they’re public authorities.
Nature of entity exercising the power does not classify it as ‘public’
BUT the nature of the power classifies it as ‘public’
AL is part of Consti law
AL concerned with organs of state and interactions with persons
within the state.
AL seeks to regulate the EXECUTIVE branch of government through
the law:
o This is why Separation of Power (SoP) principle is important.
Difference between AL and Consti law:
o AL focuses on ONE branch of state system: public
administration.
o AL focuses on ONE activity of state: administrative action.
Relationship between admin justice and transformative constitutionalism: BOTH ADVANCE:
Culture of justification, pursuit of social justice, achievement of Conti’s transformative goals.
Purpose of AL
(1) authorization of administrative power (empowerment element):
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