Podcast
Questions and Answers
What is the broad aim of the course?
What is the broad aim of the course?
- To give students an understanding of the legal issues that arise in business dealings
- To give students an understanding of the legal issues that arise in more detailed dealings (correct)
- To give students an understanding of the legal issues that arise in public institutions
- To give students an understanding of the legal issues that arise in personal dealings
What should students be able to demonstrate after completing this course?
What should students be able to demonstrate after completing this course?
- An ability to apply rules relating to the control of the Administration within a wider social context (correct)
- An ability to apply rules relating to personal matters
- An ability to apply rules relating to business matters
- An ability to apply rules relating to public institutions
What is necessary to understand administration?
What is necessary to understand administration?
- To understand the concept of state
- To understand the concept of politics
- To understand the concept of economics
- To understand the concept of law (correct)
What is administration in the context of this course?
What is administration in the context of this course?
What is law according to Aristotle?
What is law according to Aristotle?
What is the relationship between administration and law?
What is the relationship between administration and law?
What do students need to demonstrate after completing this course?
What do students need to demonstrate after completing this course?
What is the definition of administrative law?
What is the definition of administrative law?
What are the three levels at which Administrative Law operates?
What are the three levels at which Administrative Law operates?
What is Administrative Law a branch of, according to Wade?
What is Administrative Law a branch of, according to Wade?
What is the role of administrative agencies in the executive branch of government?
What is the role of administrative agencies in the executive branch of government?
What creates and assigns tasks to administrative agencies?
What creates and assigns tasks to administrative agencies?
What is a state, in the context of statehood?
What is a state, in the context of statehood?
What distinguishes one state from another?
What distinguishes one state from another?
What is another term for a state?
What is another term for a state?
What type of control does a state have over its population?
What type of control does a state have over its population?
What is the primary function of law in a society?
What is the primary function of law in a society?
What is included in the broadest possible definition of 'resources' in law?
What is included in the broadest possible definition of 'resources' in law?
What is the hierarchy of norms in the context of law?
What is the hierarchy of norms in the context of law?
What is the supreme law of Ghana according to the 1992 Constitution?
What is the supreme law of Ghana according to the 1992 Constitution?
What is the definition of customary law in Ghana?
What is the definition of customary law in Ghana?
Which article of the 1992 Constitution vests in the Supreme Court the power to declare any enactment or provision in an enactment void?
Which article of the 1992 Constitution vests in the Supreme Court the power to declare any enactment or provision in an enactment void?
What is the order of strength of the sources of law in Ghana?
What is the order of strength of the sources of law in Ghana?
Which of the following is an example of a subsidiary legislation?
Which of the following is an example of a subsidiary legislation?
What is the term for the principle that a later law prevails over an earlier law in the case of a horizontal clash?
What is the term for the principle that a later law prevails over an earlier law in the case of a horizontal clash?
What is the purpose of law in the context of resource generation and distribution?
What is the purpose of law in the context of resource generation and distribution?
What is the primary reason why discretionary powers are necessary in the administration of the State?
What is the primary reason why discretionary powers are necessary in the administration of the State?
Who defined Administrative Law as 'the law relating to the control of governmental power'?
Who defined Administrative Law as 'the law relating to the control of governmental power'?
What is the relationship between the sources of law in Ghana according to their relative power?
What is the relationship between the sources of law in Ghana according to their relative power?
What is the purpose of checks and controls on discretionary powers?
What is the purpose of checks and controls on discretionary powers?
What is the primary concern of Administrative Law?
What is the primary concern of Administrative Law?
What is the Administrative State?
What is the Administrative State?
What is the role of Parliament in the administration of the State?
What is the role of Parliament in the administration of the State?
What is the term for the body of general principles that govern the exercise of powers and duties by public authorities?
What is the term for the body of general principles that govern the exercise of powers and duties by public authorities?
What is the relationship between the Administrative State and the Rule of Law?
What is the relationship between the Administrative State and the Rule of Law?
Which of the following is NOT a source of law in Ghana?
Which of the following is NOT a source of law in Ghana?
What is the primary focus of Administrative Law?
What is the primary focus of Administrative Law?
What happens when there is a vertical clash between laws in Ghana?
What happens when there is a vertical clash between laws in Ghana?
What is the significance of human involvement in the administration of the State?
What is the significance of human involvement in the administration of the State?
What is the consequence of not having checks and controls on discretionary powers?
What is the consequence of not having checks and controls on discretionary powers?
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Study Notes
Course Introduction: Nature and Definition of Administrative Law
- The course aims to give students an understanding of the legal issues that arise in the dealings between public institutions, persons and public institutions, and persons or institutions occupying or acting in a public capacity.
- The course objectives include demonstrating an understanding of the sources and character of detailed rules in public law matters, applying rules relating to the control of the administration within a wider social context, and demonstrating skills of analysis and problem-solving related to administrative law matters.
Administrative State and the Rule of Law
- The state provides essential services like education, employment, shelter, clean water, electricity, and security, which require human beings and institutions to function effectively.
- Parliament passes laws, but they require human involvement to work, and discretionary powers are necessary for the smooth administration of the state.
- Discretionary powers refer to the powers or rights given to an individual or institution to decide on something based on their own judgment.
Definition of Administrative Law
- Administrative law deals with the control of governmental power, ensuring that public authorities can be compelled to perform their duties if they default.
- It involves the study of how administrative agencies make decisions and supervise procedures.
- Administrative law operates at three levels: dealings between public institutions, dealings between public institutions and individuals, and dealings between individuals.
Definition of Law
- Aristotle defined law as reason unaffected by desires, providing a set of legal frameworks that restrict the behaviors and actions of individuals and organizations.
- Law can be defined as the instrument for the generation and distribution of resources and the resolution of conflicts arising out of resource generation and distribution.
- Sources of law in Ghana include the Constitution, subsidiary legislation, judge-made law, customary law, and writings of jurists and publicists.
Sources of Law in Ghana
- The Constitution is the supreme law of Ghana, and any law found to be inconsistent with it shall be void.
- Subsidiary legislation includes constitutional instruments, legislative instruments, executive instruments, instruments of judicial character, bye-laws, notices, statutes, and administrative instructions.
- Judge-made law refers to common law and equity.
- Customary law applies to particular communities in Ghana.
Nature and Definition of Administrative Law
- Administrative law is concerned with the control of governmental power, ensuring that public authorities can be compelled to perform their duties if they default.
- It involves the study of how administrative agencies make decisions and supervise procedures.
- Administrative law operates at three levels: dealings between public institutions, dealings between public institutions and individuals, and dealings between individuals.
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