These notes are a summary version of the textbook 'Administrative law in South Africa (Oxford) '. Provided you study and understand the work, with these notes you will be able to pass with a distinction in administrative law
1. Concepts
1.1 STATE
Not defined in Constitution
State can refer to
- Community living in a specified geographical area
o With own political organisation/nation
o Nation in broad sense with_______entities and activities
Political
Economical
Cultural
Private
- Geographical area inhabited by such a community
State with ‘capital S’
- Refers to body politic as organised for supreme civil rule and government
- Nation which has
o Public authority, including
Executive
Legislature
Judiciary
- Collective noun describing the total entities included with public authority
Constitution
- S26: Right to housing
o State must take reasonable legislative and other measures to achieve the progressive realisation
of this right
‘State’ can also refer to
- Type of constitution operating in country
- S1 of Constitution
o RSA is one sovereign and democratic state
Must consider CONTEXT!
1
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