Administrative Law PDF - PBL310 Content Overview Unit 1

Administrative Law Course Code: PBL310 No. of Credits: 10 Content Overview (Unit 1) Introduction to Administrative Law: Foundational Knowledge: Part 1 Dr Felix Dube The below overview is intended to provide an outline or framework of the content covered in unit 1. The content overview, lecture mater...

Administrative Law Course Code: PBL310 No. of Credits: 10 Content Overview (Unit 1) Introduction to Administrative Law: Foundational Knowledge: Part 1 Dr Felix Dube The below overview is intended to provide an outline or framework of the content covered in unit 1. The content overview, lecture material and prescribed readings should be used by each student to draft their own set of comprehensive notes for the unit. Students must read the prescribed textbook, Quinot et al. Administrative Justice in South Africa (Oxford University Press), as prescribed in the Study Guide. This unit comprises two lectures, which will cover the following: The context of administrative law in South African law; The definition of administrative law; Main concepts in administrative law; The relationship between administrative law and other areas of law and related concepts; Practical examples of the application of administrative law – including case law, where applicable. At the end of this unit, students should be able to understand: the importance of administrative law; key concepts in administrative law; foundational knowledge that is necessary to understand administrative law; sources of administrative law. 1 Defining administrative law Students should note that there is no single accepted definition of administrative law!!! Quinot: the part of constitutional law which both empowers those exercising public authority or performing public functions through the law, and which holds accountable to rules of law all those who exercise public power or perform public functions. Hoexter: an incident of separation of powers under which the courts regulate and control the exercise of public power by other branches of government. The two definitions show that administrative law is associated with: o Constitutional law o Public authority o Regulations o Empowerment o Accountability o Fairness and justice o Rule of law o Administrative justice o Separation of powers o Judicial review. ▪ Add your own to the list Contextualising administrative law In everyday life, we encounter administrative law. Examples of the application of administrative law: Social welfare Licencing Citizenship and immigration Public procurement Environmental authorisations Tax collection Education and healthcare Electricity To enhance your understanding of the meaning of administrative law, add your own examples and match them to corresponding legal cases. 2 Why is administrative law important? To advance the constitutional right in section 33 – read it. Ensure accountability; Prevent public office-bearers from acting arbitrarily, corruptly and oppressively; Improve the control of government by the public; Restrain the exercise of executive power; Protect other human rights from violation by the state. Is there a difference between administrative law and constitutional law? Students should understand the following: Administrative law is part of constitutional law because it regulates the executive branch of government. The Constitution provides for the right to administrative justice. PAJA was enacted in terms of the Constitution. Overlap between constitutional law and administrative law. The components of public power in administrative law Authorisation – empowerment? Regulation – accountability? Distinguishing administrative law from administrative justice Students should note that there is a difference between administrative law and administrative justice. Administrative law is the foundation for administrative justice Judicial review is the main aspect of administrative law, while administrative justice includes alternative mechanisms for scrutinising the fairness and justice of administrative conduct. Can be attained through Chapter 9 institutions, ombuds and tribunals. o Students should note the list of Chapter 9 institutions and give examples of where they have played a part in advancing administrative justice. Students should understand the following concepts of administrative justice Lawfulness Reasonableness Transparency 3 Procedural fairness Written reasons Consistency with the rule of law Administrative law and 'rules of law' Students should understand the following: Administrative law is based on 'rules of law', such as section 33 of the Constitution. The rule of law is part of the 'rules of law': o Rule of law a founding provision – see Chapter 1 of the Constitution o Rule of law comprises the principles through which the law limits the discretion of public officebearers so that they act lawfully. o Rule of law only works if: ▪ The law applies to everyone; ▪ The law applies consistently; ▪ The law is clear and certain. Dicey's conceptualisation of the rule of law, as comprised of: o supremacy of the law over the influence of arbitrary power; o equality of citizens before the law; o jurisdiction of ordinary courts over everyone. 4