ADL2601 Assignment 1 Semester 2 2024 | Due 12 August 2024
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Course
ADL2601 - Administrative Law (ADL2601)
Institution
University Of South Africa (Unisa)
ADL2601 Assignment 1 Semester 2 2024 | Due 12 August 2024
QUESTIONS
1. There are several sources of Administrative law which provide legal requirements for an administrative action (to be considered valid).
1.1 Define administrative law. [5]
1.2 List any 5 sources of administrative law. [5]
...
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1. There are several sources of Administrative law which provide legal requirements for an
administrative action (to be considered valid).
1.1. Define administrative law.
Administrative law is a branch of public law that deals with the rules, procedures, and principles
governing the administration and regulation of government agencies (both federal and state). It
encompasses the legal principles that govern the activities of administrative agencies of government,
including the creation, implementation, and enforcement of regulatory laws. Administrative law
primarily focuses on the processes and actions of these agencies, ensuring they act within their
authority, follow fair procedures, and make decisions that are just and reasonable. It provides a
framework for regulating the powers and duties of administrative bodies and ensures that they
comply with the laws enacted by the legislature.
This area of law also addresses the rights and obligations of individuals and entities affected by
administrative decisions. Administrative law ensures that there is a mechanism for the review and
oversight of administrative actions, typically through judicial review or other forms of appeal. It
aims to protect citizens from arbitrary and unlawful actions by public authorities by establishing
standards of fairness, transparency, and accountability. In essence, administrative law serves to
balance the need for effective government administration with the need to safeguard individual rights
and uphold the rule of law in public administration.
(Study Guide - Page 8)
1.2. List any 5 sources of administrative law.
The Constitution of the Republic of South Africa, 1996: The supreme law of South Africa,
providing the foundation for administrative law and ensuring all actions comply with
constitutional principles.
Legislation: Acts passed by the legislature that grant powers to administrative agencies and
regulate their actions.
Case Law or Judicial Precedent: Decisions made by courts that interpret legislation and
develop principles of administrative law.
Common Law: Law developed by judges through decisions of courts and similar tribunals.
Administrative Practice (Custom or Usage): Established practices and procedures followed
by administrative agencies.
(Study Guide - Page 37)
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