Unit 1 - Introduction and Foundational Knowledge

Question 1

Why is Administrative Law important ?

Answer 1

• Advance the constitutional right in Section 33.
• Ensure accountability.
• Prevent public office-bearers from acting arbitrarily, corruptly, and oppressively.
• Improve public control over government.
• Restrain the exercise of executive power.

Question 2

What are the key concepts in Administrative Law ?

Answer 2

• Authorisation.
• Empowerment.
• Regulation.
• Accountability.

Question 3

How does Administrative Law relate to Constitutional Law ?

Answer 3

Administrative Law is a part of Constitutional Law because it regulates the executive branch of government.

Question 4

What does the Constitution say about administrative justice ?

Answer 4

The Constitution provides for the right to administrative justice under Section 33.

Question 5

What legislation was enacted to ensure administrative justice ?

Answer 5

Promotion of Administrative Justice Act.

Question 6

Is there an overlap between Administrative Law and Constitutional Law ?

Answer 6

Yes, Administrative Law overlaps with Constitutional Law in regulating government action and protecting rights.

Question 7

What is the difference between Administrative Law and Administrative Justice ?

Answer 7

• Administrative Law is the foundation of Administrative Justice.
• Administrative Justice ensures fairness in administrative conduct through mechanisms like judicial review, ombuds, and tribunals.