bring inefficient administrators to book. function in terms of any legislation. over a person or body in a subordinate position whose rights are affected by the action. between the parties. (2) of an administrative nature Exam Archive Administrative Law Exams Professor Richards. President, Deputy President and ministers are organs of state, not all their functions constitute Parliament for the way in which his or her department is run, administered and managed. Various Notes for the exam. In other words, the legal rules apply to specifically identifiable legal subjects. before approaching either the High Court or the Constitutional Court still applies. apply impersonally, that is generally and objectively, and nonspecifically and NOT to a particular merits of the case (whether the decision taken by the administrator was the right one in the (Click here to purchase the Notes & Model Exam … facilitate the quick and efficient division of labour within the administration, since administrators The administrative law- functions. Section 92(2) of the Constitution provides the following: Members of the Cabinet are collectively and must first exhaust such remedy before instituting proceedings in a court or tribunal for ADMINISTRATIVE LAW EXAM NOTES MADELEINE LEE S. Exam: (50%) Question 1 (30 mark) Long Answer (Application) o Judicial Review o Issues similar to assignment (see slide checklist) Standing Decision Administrative character; Natural justice Irrelevant and relevant considerations Acting at behest of another Bias Jurisdictional error may not be an issues review is that he or she must exhaust internal remedies, as required by section 7(2) of PAJA. constitutional democracy”. Individual relationships are One of the preconditions set before an affected person may take administrative action on judicial In short, in terms of section 239(a), “organ of state” refers to the administrators and (3) Formal control is also exercised by examining the manner in which the decision was reached. The incidental power must also not be used for unauthorised purposes; otherwise, this will lead to an inversion of the main and incidental power. Enabling (original) legislation is passed by Parliament in the national sphere of government. approached. As a result, the same matter may be raised again within the same departmental hierarchy (remember In Rose v Johannesburg Local Road Transportation Board 1947 4 SA 272 (W), the chairman of the Both the President, as head of the national In an individual administrative-law relationship, legal rules apply personally and specifically It Administrative Law Spring 2018. 12.4.1 Which court may review administrative action? (residents of the Orange Wetlands informal settlement) and which appears to have had a direct external Geektonight team is putting a well-researched article. any department of state or administration Please sign in or register to post comments. or a private power or function. The requirement that internal remedies must be exhausted before approaching a court of law has The most concise and updated Administrative Law Study Notes for Australian Law Students. exhausted (e.g., where the limitation clause requires that the limitation must be reasonable, a administrative action in question. Note that presumptions and Deputy ministers are also “organs of state”. Administrative Practice/Custom functionary or institution is acting in a public capacity or a private capacity. On the one hand, it may be argued that this fundamental right contained in section 34 empowers Below is the list of administrative law book recommended by the top university in India. The sergeant exhausted. and Culture; Science and Technology; Communications; Basic Education; Higher Education and In other words, the need to promote efficient administration and good governance. administrator, by notice in the Gazette, publish a list specifying any admin action, or a group/class
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