JSGV101 Principles of Administrative Law Lecture 1 - PDF

Chapter 1 (part 1) Principles of Administrative law Dr A Karomo Learning Outcomes 1. Provide a working definition of Administrative Law; 2. Explain the statement that “Administrative Law is everywhere” 3. Into which wider category of law does Administrative Law fall? 4. What is...

Chapter 1 (part 1) Principles of Administrative law Dr A Karomo Learning Outcomes 1. Provide a working definition of Administrative Law; 2. Explain the statement that “Administrative Law is everywhere” 3. Into which wider category of law does Administrative Law fall? 4. What is the relationship between Administrative Law and the rule of law? 5. Explain the concept “transformative constitutionalism”? 6. What role does Administrative Law play in transformative constitutionalism? 7. Which two sides of public power does Administrative Law deal with? 8. On what does the concept of “Administrative Law” concentrate compared to “administrative justice?” Administrative law Provide a working definition of Administrative Law: “Admin law is that 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 those who exercise public power or perform public functions.” The exercise of public authority or performing public functions this can be done by, for example: the legislature, the executive, judiciary, and state organs refer to section 239 of the constitution. Which wider category of law does Admin law fall under 1. Connected with the exercise of public power/ performance of a public function. 2. Part of public law. 3. Fundamental element of “rule of law”. 4. Therefore, important to the transformative nature of constitutional democracy. Administrative law Admin law deals with two side of public power - Authorisation and Regulation, but what do these two mean? Authorisation:  Empowerment rules that empower/ enable the exercise of public power or performance of public functions; Regulation:  Accountability rules of law that hold accountable those that exercise public power or perform public functions. - Admin law is anchored in the rule of law (rules of law) Administrative law Explain the concept “transformative constitutionalism”  The Preamble to the Constitution is NB to understand this concept.  History of the country is NB in this regard (from a deeply divided society to a united society established on constitutional values). But is this possible? Just some thoughts looking at what is currently happening in the country, for example vast inequalities in accessing basic resources such as water, food, education, etc.  The Constitution is to be used as a bridge to transform from our past society towards building the future envisaged in the Constitution. Therefore, the transformation of our country is dependent on the Constitution. Transformative Constitutionalism is a value within the broader constitutional framework.  A future founded on constitutional values…. Section 1 of the Constitution: human dignity; achievement of equality; advancement of human rights and freedoms, social justice etc.  In essence, a transformed society based on and guided by the Constitution supreme and entrenched. NB for Admin law: Section 33 of the Constitution is NB. Administrative law  Distinguish between Admin law and Admin justice:  Admin law is a narrower foundation of the notion of admin justice.  Admin law concentrates more narrowly on judicial review through the courts.  Admin justice widens the view to encompass alternative methods of scrutinising fairness and justice of admin conduct. Available avenues in pursuit of Admin justice:  Appeal tribunals.  Ombuds offices (Public Protector).  Use of ADR ( Conciliation/mediation/arbitration) to resolve differences.  HR commissions.  The protection through law for transparent/open government is a critical and closely connected, adjunct to all alternative methods of admin conduct.