STUDY UNIT 1

Question 1

WHAT IS ADMINISTRATIVE LAW?

Answer 1

Administrative law is that part of constitutional law which empowers both those who exercise public power or perform public functions through law, and which holds accountable to the rules of all those who exercise public power or perform public functions.

Question 2

RULES OR PRINCIPLES OF ADMINISTRATIVE LAW:

Answer 2

1. Lawfulness
2. Procedural fairness
3. Reasonableness
4. Written reasons

Question 3

Administrative law creates:

Answer 3

Administrative law creates a relationship between the administrator and the affected person.

Question 4

Administrative law deals with two sides of public power:

Answer 4

1. Authorization
2. Regulation

Question 5

FACTORS THAT SHAPED THE DEVELOPMENT OF SA ADMINISTRATIVE LAW:

Answer 5

1. the consequences of administrative law being judge-made
2. the shifting lines between public and private power
3. the growth of discretionary power allocation to the executive in a state
4. the distinction between executive and administrative authority
5. the formal distinction between review and appeal.

Question 6

WHAT IS ADMINISTRATIVE POWER?

Answer 6

Administrative power refers to the legal authorization for a particular function

Question 7

SOURCES OF ADMINISTRATIVE LAW:

Answer 7

1. the Constitution
2. Legislation
3. Common law
4. Case law

Question 8

SOURCES OF ADMINISTRATIVE POWER:

Answer 8

1. the Constitution
2. Legislation
3. Common law
4. Policies and other standards
5. African customary law
6. Estoppel