Adl. 1 Flashcards
(25 cards)
What is the primary legislation governing administrative law in South Africa?
The Promotion of Administrative Justice Act (PAJA) 2000.
True or False: Administrative law only applies to actions taken by the executive branch of government.
False.
Fill in the blank: Administrative law ensures that public authorities act ______.
lawfully.
What is the purpose of the Promotion of Access to Information Act (PAIA) in South Africa?
To promote transparency and accountability in government by granting the public access to information.
Which court has the authority to review administrative actions in South Africa?
The High Court.
What does the term ‘ultra vires’ mean in the context of administrative law?
Actions taken beyond the legal power or authority of a public authority.
Multiple Choice: Which of the following is NOT a ground for judicial review of administrative action? A) Procedural fairness B) Legality C) Merit D) Rationality
C) Merit.
What is meant by ‘procedural fairness’ in administrative law?
The obligation of decision-makers to follow fair procedures before making decisions that affect individuals.
True or False: A public authority can make decisions without providing reasons.
False.
What is the significance of the ‘right to be heard’ in administrative law?
It ensures that individuals affected by a decision have the opportunity to present their case.
Fill in the blank: The principle of ______ requires that administrative actions be rationally connected to the purpose for which the power was granted.
rationality.
What is ‘judicial review’ in the context of administrative law?
The process by which courts examine the lawfulness of administrative actions or decisions.
Multiple Choice: Which of the following is a remedy available in judicial review? A) Damages B) Declaration of rights C) Specific performance D) Injunction
B) Declaration of rights.
What does the term ‘legality’ refer to in administrative law?
The requirement that administrative actions must comply with the law.
True or False: The Constitution of South Africa does not provide for administrative justice.
False.
Fill in the blank: The ______ ensures that administrative actions are not arbitrary and are based on reason.
rationality principle.
What role does the Public Protector play in South African administrative law?
To investigate and address complaints against public authorities and ensure accountability.
Multiple Choice: Which section of the Constitution of South Africa specifically addresses administrative justice? A) Section 9 B) Section 10 C) Section 33 D) Section 36
C) Section 33.
What is the ‘right to just administrative action’ as per the South African Constitution?
The right to administrative action that is lawful, reasonable, and procedurally fair.
True or False: The grounds for review of administrative action are strictly limited.
True.
What is the significance of the term ‘accountability’ in administrative law?
It refers to the obligation of public authorities to justify their actions and decisions to the public.
Fill in the blank: The ______ is a crucial concept in administrative law that ensures decisions are made based on relevant considerations.
principle of relevance.
What does the term ‘discretion’ refer to in administrative law?
The power granted to public authorities to make decisions within certain legal limits.
Multiple Choice: Which of the following principles is NOT a component of good administration? A) Transparency B) Accountability C) Secrecy D) Fairness
C) Secrecy.
