adl2601-summary-notes.

ADMINISTRATIVE LAW UNIT 1 – DESCRIBING ADMIN LAW 4 Key issues / pillars in Admin Law Authority = * Governs relationships between legal subjects * Relationships are not on equal footing (inequality – vertical relationship) * Always a superior / senior official involved Admin action= * Facilitates & regulates human behaviour / interaction * Conduct of anyone exercising public / authoritative power Just Admin action * The right of every person * All admin action by persons exercising public power must be “LAWFUL, REASONABLE & PROCEDURALY FAIR” Control of admin action = The way / manner in which authority / power has been exercised 3 Requirements for any admin action:- 1. 2. Be lawful – must comply with all req of law (as found in sources of law) Be reasonable – Must have a reasonable effect / result - Discretion exercised & decision taken by person in authority must be correct (based on objective facts & circumstances) 3. Be procedurally fair – Correct procedure must be used to take decision - Subordinate party must be given chance to defend position before decision is taken When decision results in someone’s rights being adversely affected – written reasons for decision should be given * Law provides protection against any possible harm which results from exercise of powers (against abuse of power) * To correct an action – to rather use method of internal / admin control (senior officials review action) then going to court Admin Law is the sum total of legal rules that grant people / bodies in authority power to: * take action * Prescribe procedures to be followed where taking such action * Ensure such action is within the boundaries of the law Also provides for control over such action (Activity on page 7) UNIT 2 – SOURCES OF ADMIN LAW Sources of Admin Law:- 1. Binding (Authoritative) sources: 1. The Constitution - Most important statutory - & most authoritative source - Sets standard for which admin conduct & actions of every admin functionary / institution in SA - Guarantees justice for all by demanding all req for admin action must be met. (Guarantees Just Admin Action) (Activity page 12)