ADL2601 Assignment 2 Semester 2

ADL2601 Assignment 2 Semester 2 Distribution of this document is illegal S - The study-notes marketplace © Varsity Cube 2020 1. 3 Reference: Study Guide PG: 22 The most important characteristic of the administrative- law relationship is that it is based on authority and the exercise of public power by a functionary or institution in authority, which means that one party may be compelled to act in a specific way. Moreover, such exercise of power may affect the rights and interests of the person in the relationship, leaving such person in a subservient or subordinate position. 2. 1 Reference: Study Guide PG: 24 The general relationship is created, changed or ended by legislation (including delegated/ subordinate legislation), that is, by general means. In other words, a general administrative-law relationship cannot be created, changed or ended by, for example, a decision by the Director-General of Home Affairs. 3. 2 Reference: Study Guide PG: 48 Binding or authoritative sources (1) The Constitution of the Republic of South Africa, 1996 (2) Legislation (3) Case law or judicial precedent (4) Common law (5) Administrative practice (custom or usage) (6) Ubuntu (7) International law Persuasive sources (1) Writings in books and journals expressing academic opinions (2) Policy documents such as Green and White Papers (3) Reports by “state institutions supporting constitutional democracy”, such as reports of the Human Rights Commission (4) Foreign law 4. 1 Reference: Study Gui