18 Questions
Which legal concept is now considered the grundnorm of administrative law?
Principles of the Constitution
Where do the Courts' power to review administrative action primarily come from?
PAJA and the Constitution
Which system of law is now grounded in the Constitution according to the text?
Common law
Under Section 33 of the Constitution, what are individuals entitled to in terms of administrative action?
Lawful and reasonable administrative action
How does the common law derive its force in relation to administrative review?
From the Constitution
What does the text suggest about the relevance of the common law to administrative review?
Its relevance needs to be determined on a case-by-case basis
What is the main purpose of PAJA, as stated in its long title?
To give effect to the right to lawful, reasonable, and procedurally fair administrative action
What is the significance of the transitional provisions of the Constitution in Schedule 6 regarding PAJA?
They mandate that PAJA legislation be passed within three years of the Constitution coming into force
What must national legislation do to give effect to administrative rights?
Impose a duty on the State to provide written reasons for administrative action
Which provision of PAJA identifies the circumstances under which the review of administrative action may take place?
Section 6
What is the purpose of enacting national legislation to review administrative action?
To promote an efficient administration
Why is the decision of the Chief Director considered administrative action under PAJA?
Because it is a common cause that it constitutes administrative action
Which of the following scenarios would not be a valid ground for the judicial review of an administrative action under Section 6?
The action was taken based on relevant considerations.
Under Section 6, which of the following would NOT be considered a valid reason for judicially reviewing an administrative action?
The administrator was authorized to take the action by the empowering provision.
Which of the following would NOT be a ground for judicial review of an administrative action according to Section 6?
The action was taken in good faith and with proper authority.
In the context of Section 6, which of the following would NOT constitute a ground for the judicial review of an administrative action?
The action being procedurally fair and unbiased.
According to Section 6, which of the following would NOT be a valid reason for judicially reviewing an administrative action?
The administrator acted under proper delegation of power according to the empowering provision.
Which of the following would NOT be considered a valid ground for judicial review of an administrative action as per Section 6?
The exercise of power was reasonable based on the empowering provision.
Test your knowledge on the grundnorm of administrative law and its significance in relation to the Constitution, common law, and doctrines like ultra vires and parliamentary sovereignty.
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