Administrative Law Course Introduction

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Questions and Answers

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?

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?

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?

Management of the affairs of a state Signup and view all the answers

What is law according to Aristotle?

Reason unaffected by desires Signup and view all the answers

What is the relationship between administration and law?

Administration needs law to function Signup and view all the answers

What do students need to demonstrate after completing this course?

An understanding of the rules relating to public law matters Signup and view all the answers

What is the definition of administrative law?

The power to do or not to do a thing Signup and view all the answers

What are the three levels at which Administrative Law operates?

Dealing between Public Institutions, Dealings between Public Institutions and Individuals, and Dealings between individuals Signup and view all the answers

What is Administrative Law a branch of, according to Wade?

Constitutional Law Signup and view all the answers

What is the role of administrative agencies in the executive branch of government?

To carry out day-to-day governing tasks Signup and view all the answers

What creates and assigns tasks to administrative agencies?

The Legislature Signup and view all the answers

What is a state, in the context of statehood?

A well-defined area with established government or jurisprudence Signup and view all the answers

What distinguishes one state from another?

The existence of a well-defined boundary Signup and view all the answers

What is another term for a state?

Country Signup and view all the answers

What type of control does a state have over its population?

Full control without any internal or external interference Signup and view all the answers

What is the primary function of law in a society?

To order the lives of people in a society Signup and view all the answers

What is included in the broadest possible definition of 'resources' in law?

Physical resources, human resources, and intangible resources Signup and view all the answers

What is the hierarchy of norms in the context of law?

A set of protocols Signup and view all the answers

What is the supreme law of Ghana according to the 1992 Constitution?

The Constitution Signup and view all the answers

What is the definition of customary law in Ghana?

The rules of law, which by custom are applicable to particular communities in Ghana Signup and view all the answers

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 Signup and view all the answers

What is the order of strength of the sources of law in Ghana?

The Constitution, Statutory Instrument Act, and Military government laws Signup and view all the answers

Which of the following is an example of a subsidiary legislation?

Legislative Instruments Signup and view all the answers

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 Signup and view all the answers

What is the purpose of law in the context of resource generation and distribution?

To generate and distribute resources and resolve conflicts Signup and view all the answers

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 Signup and view all the answers

Who defined Administrative Law as 'the law relating to the control of governmental power'?

Sir Henry William Rawson Wade Signup and view all the answers

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 Signup and view all the answers

What is the purpose of checks and controls on discretionary powers?

To ensure that discretionary powers are used for the proper purpose Signup and view all the answers

What is the primary concern of Administrative Law?

To protect the citizen against abuse of power Signup and view all the answers

What is the Administrative State?

A concept that evokes an abstract idea in our minds Signup and view all the answers

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 Signup and view all the answers

What is the term for the body of general principles that govern the exercise of powers and duties by public authorities?

Administrative Law Signup and view all the answers

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 Signup and view all the answers

Which of the following is NOT a source of law in Ghana?

International Law Signup and view all the answers

What is the primary focus of Administrative Law?

The control and regulation of discretionary powers in the administration of the State Signup and view all the answers

What happens when there is a vertical clash between laws in Ghana?

The higher norm prevails over the lower norm Signup and view all the answers

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 Signup and view all the answers

What is the consequence of not having checks and controls on discretionary powers?

The abuse of power and discretion is more likely to occur Signup and view all the answers

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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Description

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.