Summary
Summary Chapter 5
- Institution
- University Of The Western Cape (UWC)
Administrative law notes
[Show more]
3 reviews
By: gkmudehwe • 5 year ago
By: Dan0211 • 6 year ago
By: tramk101 • 7 year ago
Content preview
Chapter 5: LawfulnessIntroduction
- Important feature of administrative law is that it deals with actions taken ito some form of
authorization
- Administrative action defined by reference to existence of an empowering provision (source ito
which action was taken)
Lawfulness
- Reflects important element of the rule of law
- Stands at the core of the general constitutional-law principle of legality
- Applies to all public actions
Fedsure case
- It is a fundamental principle of the rule of law that the exercise of public power is only legitimate
where lawful
- Rule of law must be in accordance with principle of legality
S33 of Constitution
o Everyone has right to administrative action that is lawful…
Lawfulness means
- Administrative action and the authorization for such action must be aligned
- Decision must be capable of adjudication and objective/certain
- This means administrative action must fall within scope of empowering provision
o Administrator can do no more than that which he has been authorized to
o To extent that administrative action does not overlap with empowering provision it is
unlawful
o Must overlap with empowering provision
Analyses of lawfulness in administrative law
- Involves comparing of administrative action and authorization (empowering provision) for such
action
- Goal of analyses
o Determine whether the action and empowering provision overlap
o Provides administrators with tools to identify specifically what they are entitled to
PAJA
- Does not provide clear statement of lawfulness
- Only deals with lawfulness as matter of grounds of review
- Thus PAJA tells one when an administrative action can be taken upon review to court based on
the non-overlap between action and authorization
1
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 EFT, 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 this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Jennica1. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
50843 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now