Constitutional and Administrative Law Quiz

Questions and Answers

Which article of the Constitution of the URT of 1977 guarantees the right to a fair hearing?

Art 13(6)(a) (correct)

Art 14(2)(b)

Art 12(1)(c)

Art 13(5)(d)

What type of law primarily addresses the functions of state authorities?

International Law

Criminal Law

Constitutional Law

Administrative Law (correct)

Which of the following is a piece of principal legislation?

Vienna Convention on Diplomatic Relations

Judicial Review Procedure and Practice Rules

Wade and Philip on Constitutional And Administrative Law

The Local Government(District Authorities) Act (correct)

Which case exemplifies an important precedent in administrative law?

Jama Yusuph v Minister For Home Affairs Signup and view all the answers

Which rule addresses the procedures for basic rights and duties?

Basic Rights and Duties Procedure and Practice Rules Signup and view all the answers

What is the role of the Vienna Convention on Diplomatic Relations in administrative law?

It is part of international law influencing administrative actions. Signup and view all the answers

How does constitutional law differ from administrative law?

Constitutional law deals with state structure whereas administrative law deals with functions. Signup and view all the answers

Which of the following statements accurately describes the relationship between constitutional law and administrative law?

Constitutional law supersedes administrative law. Signup and view all the answers

What is one primary function of administrative law?

To ensure public authorities perform their duties Signup and view all the answers

Administrative law governs the exercise of powers by which entities?

Public authorities Signup and view all the answers

Which of the following reflects a goal of maintaining the rule of law?

To ensure that powers of authorities are bound by law Signup and view all the answers

What is meant by governmental accountability in administrative law?

Public authorities must be answerable for their actions Signup and view all the answers

How does administrative law aim to balance government powers and citizen liberties?

By defining and limiting powers and duties Signup and view all the answers

Which statement best represents the consequences of failing to comply with administrative law?

It allows public authorities to abuse their powers Signup and view all the answers

What role does administrative law play in defining the powers of public authorities?

It sets clear boundaries on the exercise of powers Signup and view all the answers

Which aspect is NOT a goal of administrative law?

Enhancing public authority intervention Signup and view all the answers

What distinguishes constitutional law from administrative law?

Constitutional law focuses on citizens' rights. Signup and view all the answers

How are constitutional issues resolved?

Through constitutional petitions. Signup and view all the answers

What is a common feature of both constitutional and administrative law?

Both concern state powers and responsibilities. Signup and view all the answers

What change in the role of the state occurred in the 19th and 20th centuries?

The state transitioned from passive to active welfare roles. Signup and view all the answers

What issue arose due to the increase in powers of the state?

The potential for abuse or misuse of power. Signup and view all the answers

What mechanism was introduced to prevent the abuse of state powers?

Administrative law. Signup and view all the answers

What was one of the primary responsibilities of the state before its role changed?

Maintaining law and order. Signup and view all the answers

Which of the following is NOT a characteristic of constitutional law?

It creates specific rules for state authorities. Signup and view all the answers

What aspect of administrative law is essential to prevent the abuse of powers by authorities?

It provides a framework for public administration. Signup and view all the answers

Which feature indicates that administrative law is a product of increasing government powers?

It is a by-product of socio-economic functions. Signup and view all the answers

How does administrative law contribute to the protection of people's rights?

By controlling administrative powers. Signup and view all the answers

What is one of the main reasons for the need for administrative law?

To balance government efficiency and rights protection. Signup and view all the answers

What type of law does administrative law primarily involve?

Public law. Signup and view all the answers

In what way does intensive administration affect the relationship between citizens and the government?

It can increase citizens' tolerance. Signup and view all the answers

Which of the following statements best describes the relationship between administrative law and state functions?

Administrative law develops with increased state functions. Signup and view all the answers

What does effective regulatory system within administrative law ensure?

Sufficient protection of citizen rights. Signup and view all the answers

Study Notes

Introduction to Administrative Law

Administration is integral to daily life, ensuring legality, reasonableness, and fairness in governmental actions.
Administrative law is essential due to the increasing functions of the state, promoting effective governance.
An efficient regulatory system is necessary to safeguard citizens' rights amidst extensive administrative actions.

What is Administrative Law

Represents a legal framework for public administration's actions.
Encompasses law that addresses the abuse of powers by administrative authorities to protect individual rights.

Features of Administrative Law

Arises from expanding socio-economic functions of the state.
Reflects a direct consequence of augmented governmental powers.
Closely linked to public administration and evolves with societal development.

Functions of Administrative Law

Ensures public authorities fulfill their duties and addresses defaults.
Governs the exercise of powers by public authorities.
Maintains legal boundaries for public authority powers.
Balances government powers and duties with citizens' freedoms.
Upholds the rule of law and governmental accountability.

Scope of Administrative Law

Defines and limits the powers and duties of public authorities.
Establishes methods for exercising said powers and duties.
Monitors the proper exercise of powers by public authorities to prevent abuse.

Sources of Administrative Law

Constitution: URT Constitution of 1977 (as amended) is foundational (e.g., Articles 13(6)(a) and 13(6)(b)).
Principal Legislation: Includes specific acts like the Regional Administration Act and Local Government Acts.
Subsidiary Legislation: Judicial Review Procedure and Basic Rights procedures.
Precedents: Key cases establish legal principles (e.g., Jama Yusuph v Minister For Home Affairs).
Legal Commentaries: Influential texts such as those by Wade and Philip.
International Law: Standards set by conventions regarding diplomatic and consular relations.

Administrative vs. Constitutional Law

Constitutional law focuses on state structure and functions, while administrative law operates as a subset within this framework.
Distinctions exist in addressing issues: constitutional issues through petitions, administrative issues via judicial reviews.
Constitutional law safeguards citizen rights whereas administrative law prioritizes public needs and functions.

Development of Administrative Law

Evolved significantly during the 19th and 20th centuries due to changes in state roles, shifting from policing to welfare models.
Increased state powers led to potential abuse, necessitating mechanisms to prevent misuse.
Administrative law was established to protect individuals from arbitrary governance and ensure accountability.

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Description

Test your understanding of the differences between constitutional law and administrative law. This quiz covers fundamental rules, citizen rights, and administrative issues as they pertain to judicial review. Explore the essential aspects of these two legal frameworks.