Editor LauraAdministrative law is a legal area that deals with the rules and procedures that are used to administer public institutions. It includes a range of topics, such as administrative procedure, public law, administrative sanctions and appeals. It can be a complex area, and it’s important to have an understanding of it if you want to work in the public sector or if you have any dealings with public authorities. In this blog post, we will introduce you to some of the key concepts in administrative law and give you an overview of how it works in practice.
Administrative Law in South Africa
Administrative law is a body of law that governs the administration of justice. It covers a wide array of administrative decisions, including those made by public authorities such as government departments, municipalities, and state-owned enterprises, and private organizations such as corporations and trade unions. Administrative law also covers the rules that must be followed when making these decisions.
Administrative law in South Africa is based on common law principles. This means that it is based on the traditions and jurisprudence developed over many centuries in England and Wales. South Africa adopted much of its common law from England and Wales during the period following World War II, so much of the administrative law in South Africa is similar to the law found in England and Wales. However, there are some important differences between the two systems. For example, South African administrative law incorporates many features from civil law jurisdictions, such as France and Germany, which have a history of developing legal systems specifically designed to deal with matters relating to administration.
One major difference between South African administrative law and English or Welsh administrative law is the way in which courts interpret statutes. In England and Wales, statutory interpretation is undertaken by courts using a doctrine called Parliamentary supremacy. This doctrine states that Parliament (the national legislature) alone has the power to make laws governing the country and that any amendment or repeal of a statute by Parliament must be given effect by the courts. In contrast, in South Africa statutory interpretation is undertaken by courts using a doctrine called judicial review. Judicial
Constitutional Rights of Administrative Action
The Constitution of South Africa protects the rights of administrative action. Administrative action is any act or decision by an authority that is within the scope of its authority and that applies administrative law principles. The Constitution provides that everyone has the right to a fair hearing and to be treated equally before the law. It also protects the right to life, liberty, and property.
The Constitution places strict limits on what can be considered an administrative action. Administrative action cannot be based on personal prejudice or political opinion, nor can it be arbitrary or discriminatory. Furthermore, administrative action must be in accordance with applicable law and must have a rational basis. Finally, any person whose rights have been violated by an administrative action can take recourse through the courts.
The Courts and Administrative Law
Administrative law in South Africa is governed by a variety of statutes and administrative regulations. Administrative law is divided into two main areas: substantive and procedural. Substantive administrative law deals with the substance of an act or decision, while procedural administrative law deals with the form and manner in which an act or decision is made.
The Constitution of South Africa guarantees the rights of individuals to a fair and honest hearing by competent and impartial organs. This right to an effective remedy is enshrined in section 36(1) of the Constitution, which states that everyone has the right to apply to any court for redress of Grievances against any government organ. The Equality Act 2010 protects individuals from discrimination on the grounds of race, sex, gender identity, pregnancy, marital status, age, HIV status or socio-economic status.
The National Health Insurance Act 2003 regulates access to health care services and sets out the principles on which private health insurers must operate. The Competition Act 1998 aims to promote competition in the market place and prevent anticompetitive practices. The Financial Intelligence Centre Act 2009 establishes a national financial intelligence centre to combat money laundering and financial crime.
Review of the Legislation on Administrative Law
Administrative law is the body of law that governs the administration of justice in South Africa. It comprises three main areas: public administrative law, private administrative law, and labour relations. Public administrative law governs the exercise of statutory powers by state institutions, such as municipalities and organs of executive government. Private administrative law regulates the relationship between individuals and private bodies, such as companies and trade unions. Labour relations covers all aspects of working life, including contract negotiations, dismissal procedures, and collective bargaining. Administrative law is a relatively new field of jurisprudence in South Africa, having been established only after the end of apartheid in 1994. The Constitution of South Africa provides for an independent judiciary with a robust system of judicial review. This has led to greater scrutiny of government actions by the courts, which has helped to develop a robust body of administrative law.
The Constitutional framework
South Africa has a written constitution that was adopted in 1961. The Constitution provides for a parliamentary system of government, with the president as head of state. The legislature is bicameral, consisting of the Senate and the National Assembly. The judiciary is independent, and consists of the Constitutional Court, the Court of Appeal, and provincial courts. Administrative law is based on the principle of legality and has been codified in various statutes. In general, administrative law is concerned with the administration of public affairs and the enforcement of administrative decisions made by public authorities.
Administrative law principles
Administrative law principles in South Africa are governed by the Constitution and the Administrative Procedures Act. The Constitution provides for a separation of powers between the executive, legislature and judiciary. The act sets out the principles governing administrative decision-making and administrative procedure. It requires that decisions be made on the basis of objective criteria, that all parties be given an opportunity to be heard, and that procedural fairness be ensured. The act also establishes the National Council for Administrative Law (NCAL) as an independent body to provide guidance on how administrative law should be applied.
Administrative law is often described as the law of administrative action or, simply put, the law of how government administers its programs. Administrative law deals with a wide range of legal issues that can arise when public authorities make decisions and carry out their activities. This article will provide an overview of administrative law in South Africa and highlight some key areas that are typically covered by this branch of the law.