40 Questions
What is the broad aim of the course?
To give students an understanding of the legal issues that arise in more detailed dealings
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
What is necessary to understand administration?
To understand the concept of law
What is administration in the context of this course?
Management of the affairs of a state
What is law according to Aristotle?
Reason unaffected by desires
What is the relationship between administration and law?
Administration needs law to function
What do students need to demonstrate after completing this course?
An understanding of the rules relating to public law matters
What is the definition of administrative law?
The power to do or not to do a thing
What are the three levels at which Administrative Law operates?
Dealing between Public Institutions, Dealings between Public Institutions and Individuals, and Dealings between individuals
What is Administrative Law a branch of, according to Wade?
Constitutional Law
What is the role of administrative agencies in the executive branch of government?
To carry out day-to-day governing tasks
What creates and assigns tasks to administrative agencies?
The Legislature
What is a state, in the context of statehood?
A well-defined area with established government or jurisprudence
What distinguishes one state from another?
The existence of a well-defined boundary
What is another term for a state?
Country
What type of control does a state have over its population?
Full control without any internal or external interference
What is the primary function of law in a society?
To order the lives of people in a society
What is included in the broadest possible definition of 'resources' in law?
Physical resources, human resources, and intangible resources
What is the hierarchy of norms in the context of law?
A set of protocols
What is the supreme law of Ghana according to the 1992 Constitution?
The Constitution
What is the definition of customary law in Ghana?
The rules of law, which by custom are applicable to particular communities 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?
Article 2
What is the order of strength of the sources of law in Ghana?
The Constitution, Statutory Instrument Act, and Military government laws
Which of the following is an example of a subsidiary legislation?
Legislative Instruments
What is the term for the principle that a later law prevails over an earlier law in the case of a horizontal clash?
Lex posteriori
What is the purpose of law in the context of resource generation and distribution?
To generate and distribute resources and resolve conflicts
What is the primary reason why discretionary powers are necessary in the administration of the State?
To allow for human involvement and judgment in the administration of the State
Who defined Administrative Law as 'the law relating to the control of governmental power'?
Sir Henry William Rawson Wade
What is the relationship between the sources of law in Ghana according to their relative power?
The Constitution is the strongest, and the Statutory Instrument Act is the weakest
What is the purpose of checks and controls on discretionary powers?
To ensure that discretionary powers are used for the proper purpose
What is the primary concern of Administrative Law?
To protect the citizen against abuse of power
What is the Administrative State?
A concept that evokes an abstract idea in our minds
What is the role of Parliament in the administration of the State?
To pass laws to cover every single thing that happens in the state
What is the term for the body of general principles that govern the exercise of powers and duties by public authorities?
Administrative Law
What is the relationship between the Administrative State and the Rule of Law?
The Rule of Law is a principle that guides the Administrative State
Which of the following is NOT a source of law in Ghana?
International Law
What is the primary focus of Administrative Law?
The control and regulation of discretionary powers in the administration of the State
What happens when there is a vertical clash between laws in Ghana?
The higher norm prevails over the lower norm
What is the significance of human involvement in the administration of the State?
It is necessary to ensure that discretionary powers are used for the proper purpose
What is the consequence of not having checks and controls on discretionary powers?
The abuse of power and discretion is more likely to occur
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.
This course covers the basics of administrative law, including the administrative state, the rule of law, and the definition of administrative law. It introduces the concepts and theories of administrative law.
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