Learning Unit 1: Describing Administrative Law

LEARNING UNIT 1: Describing Administrative Law

Objective of the Learning Unit

  • This learning unit is designed to enable students to:

    • Identify the areas in which administrative law operates.

    • Broadly apply administrative law to everyday life.

    • Describe what administrative law is.

Outline of the Learning Unit

1.1 An overview of the general features of administrative law
1.1.1 State authority
1.1.2 Administrative action
1.1.3 Just administrative action
1.1.4 Control of administrative action
1.2 A list of general concepts and technical terms often encountered in administrative law, and their explanation.
1.3 What is administrative law?
1.4 A brief list of abbreviations encountered in administrative law sources.
1.5 Conclusion

1.1 OVERVIEW OF THE GENERAL FEATURES OF ADMINISTRATIVE LAW

  • Focus: Basic principles of administrative law, key features, and indicators of operational scope.

1.1.1 State Authority

  • Definition: State authority refers to the public power exercised by an organ of state or a natural or juristic person over another person or body in a subordinate position.

  • Significance: The exercise of state authority can affect the rights or interests of the subordinate party.

  • Key Question: When faced with an administrative law issue, the first question is whether the subject is acting as an organ of state and possesses authority to exercise public power or perform a public function.

    • If the authority is not a state authority, then administrative law is not applicable.

1.1.2 Administrative Action

  • Definition: Administrative action is defined as the conduct of administrators exercising public power or performing public functions according to independent legislation.

    • Forms: This type of action usually manifests in the form of a “decision” made by the administrator.

    • Effects: It must adversely affect an individual or group.

  • Key Provision: Section 1 of the Promotion of Administrative Justice Act (PAJA) provides a definition of “administrative action” that must be memorized for examinations.

    • Note: More detailed discussion on this concept is found in Learning Unit 5.

1.1.3 Just Administrative Action

  • Definition: Just administrative action refers to how administrative actions must be undertaken, ensuring lawful, reasonable, and procedurally fair processes.

    • Constitutional Basis: Section 33 of the Constitution mandates administrators to act:

    • Lawfully.

    • Reasonably.

    • Follow fair procedures.

    • Provide written reasons when adverse effects on rights of individuals occur.

  • Key Inquiry: After confirming that administrative action was taken, assess whether it complied with the Constitutional requirements and those proposed under PAJA and common law.

    • Elements of just administrative action include lawful, reasonable, and procedurally fair actions, and the provision of written justification.

  • Core Discussion: The concept of just administrative action is elaborated upon in Learning Units 6 to 10.

1.1.4 Control of Administrative Action

  • Definition: This refers to the mechanisms available for correcting or rectifying administrative actions deemed unjust or unfair.

  • Importance: Control is exercised when administrative actions do not align with legal prescriptions of fairness and lawfulness.