Administrative Law Vocabulary

Flashcards for review of Administrative Law Lecture Notes

Administrative Law

Part of public law that regulates the activities of organs of state and natural or juristic persons that exercise public powers or perform public functions.

State Authority

Public power exercised by an organ of state or natural/juristic person over another in a subordinate position.

Administrative Action

Conduct (often a decision) of functionaries/administrators exercising a public power or function in terms of legislation.

Just Administrative Action

Action that is lawful, reasonable, procedurally fair, and provides written reasons when rights are adversely affected.

Control of Administrative Action

Means of correcting or rectifying administrative action that is not just; provides a remedy against the administrator.

Administrative-Law Relationship

A legal relationship where one party exercises state authority over another. It can manifest as general or individual relationship.

General Administrative-Law Relationship

Legal rules apply impersonally to all subjects within a particular group, created, changed or ended by legislation.

Individual Administrative-Law Relationship

Legal rules apply personally and specifically between identifiable legal subjects, created by individual administrative decisions.

Organ of State

Any department/administration in the national, provincial, or local sphere of government; or any functionary/institution exercising a public power/function in terms of the Constitution or legislation but excludes a court or judicial officer.

Delegated Legislation

Also known as subordinate legislation, It is the legislation which is enacted by the executive branch of government in accordance with the original legislation.

Sources of Administrative Law

The places where we can find the legal rules, the norms, principles and values that govern administrative law. The constution being the primary source.

Accountability

A means/principle to control the arbitrary exercise of administrative discretion of persons exercising authoritative/public power, preventing erratic and wayward choices.

Empowering Provision

A law, a rule of common law, customary law, or an agreement, instrument or other document in terms of which an administrative action was purportedly taken.

Ultra Vires

To act beyond one’s powers.

Functus Officio

Having completed the task/duty; no longer functioning.

Ubuntu

Can be described as African Humanism, a distinctive collective consciousness that manifested itself in certain behavioural patterns, involving alms-giving, sympathy, care and sensitivity for the needs of others, respect, patience and kindness.