Unit 2 - Sources of Administrative Law Flashcards
What are the two primary functions of the sources of administrative law ?
- Empowering sources – Tell administrators what powers they may exercise by authorizing them to perform administrative acts in a specific manner.
- Constraining (Prescriptive) sources – Control the exercise of power by defining boundaries of what administrators may and may not do.
What are the differences between the principle of legality and PAJA ?
Principle of legality:
- Regulates all public power.
- Applies to executive, judicial, legislative, and administrative power.
- All public power must be lawful and rational.
PAJA:
- Regulates some public power.
- Applies only to administrative action.
- Administrative power must be lawful, procedurally fair, reasonable, and justified with reasons on request.
What are the functions of the Electoral Commission ?
- Manage elections for national, provincial, and municipal legislative bodies according to national legislation.
- Ensure that elections are free and fair.
- Declare election results within the legally prescribed period.
- Perform additional functions as prescribed by national legislation.
What are the key functions of the SAHRC ?
- Promote respect for human rights and a culture of human rights.
- Protect, develop, and achieve human rights.
- Monitor and assess the observance of human rights in South Africa.
What is the SAHRC entitled to do ?
- Investigate and report on human rights violations.
- Secure redress where human rights are violated.
- Conduct research and educate the public on human rights.
What are the responsibilities of the Auditor-General ?
The Auditor-General must audit and report on the accounts, financial statements, and financial management of:
- All national and provincial state departments and administrations.
- All municipalities.
- Any other entity required by law to be audited by the Auditor-General.
What is the significance of the Pharmaceutical Manafacturers Association of South Africa case ?
- The Interim Constitution marked a legal shift from common law principles to a constitutional framework where the Constitution became the supreme law.
- Courts no longer have to find ways to control public power, the Constitution now defines their role in doing so.
- All public power must comply with the Constitution.
What is the difference between original and delegated legislation ?
- Original Legislation laws passed by Parliament, provincial legislatures, or municipal councils under powers directly granted by the Constitution.
- Delegated Legislation laws made under the authority of original legislation.
When does common law provide administrative power ?
- When there is no specific legislative authority, common law provides the basis for administrative power.
- This is based on general constitutional duties and powers inherent to the government.
How does customary law interact with administrative law ?
The Constitution requires that customary law be recognized as an independent source of legal norms.
What is the doctrine of estoppel in administrative law ?
- If a government administrator makes a false representation and a citizen relies on it to their detriment, the administrator may be prevented from denying the truth of the representation.
- However, if the representation was unauthorized or unlawful, estoppel cannot be applied to create new administrative powers.
What are the general legal requirements for administrative action under Section 33 of the Constitution ?
- Every administrative action must be lawful;
- Reasonable;
- Procedurally Fair;
- Consistent with Section 33 of the Constitution and PAJA.
