Constitutional and administrative law

Question 1

What are the two main functions of administrative law?

Answer 1

The instrumental function and the safeguarding function. Instrumental is regulating and further specifying the role and rules of governmental institutions and administrative bodies.
Safeguarding is setting up rules to protect people agains the government.

Question 2

What is the definition of administrative law?

Answer 2

Administrative law is the law governing the organization and operation of administrative agencies and the relations of administrative agencies with other law bodies and the public

Question 3

Within the safeguarding function, administrative law concerns itself with the principles of good governance. What is the principle of good governance?

Answer 3

Ensuring fair governance involving general principles of law

Question 4

What is the function of having principles of good governance?

Answer 4

To ensure proper functioning of administrative bodies, and to protect the people against the government

Question 5

Name the 6 main general principles of law related to fair governance

Answer 5

Legality, impartiality, equality, legal certainty, proportionality, substantiated decisions and legal certainty

Question 6

What is the principle of legality?

Answer 6

Requirement of the administration to act according to parliamentary/statutory authority

Question 7

What is the principle of impartiality?

Answer 7

The requirement that administrative decisions are made in accordance with applicable law, based on facts without improper influences

Question 8

What is the principle of equality?

Answer 8

The requirement that comparable situations are treated similarly, unless there is objective ground not to do this

Question 9

What is the principle of proportionality?

Answer 9

The requirement that an action taken by the administration must be suitable and necessary to pursue its objectives

Question 10

What is the principle of substantiated decisions?

Answer 10

Requirement that the administration provide reasoning for an act as a requirement for its legality

Question 11

What is the principle of legal certainty?

Answer 11

The requirement that there is respect for legitimate expectations, imposing strict limitations on the retroactive application of the law