South African administrative law (original) (raw)
South African administrative law is the branch of public law which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in present-day South Africa, which regulates "the activities of bodies that exercise public powers or perform public functions, irrespective of whether those bodies are public authorities in a strict sense." According to the Constitutional Court, administrative law is "an incident of the separation of powers under which the courts regulate and control the exercise of public power by the other branches of government."
| Property | Value |
|---|---|
| dbo:abstract | South African administrative law is the branch of public law which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in present-day South Africa, which regulates "the activities of bodies that exercise public powers or perform public functions, irrespective of whether those bodies are public authorities in a strict sense." According to the Constitutional Court, administrative law is "an incident of the separation of powers under which the courts regulate and control the exercise of public power by the other branches of government." Weichers defines administrative law as a body of legal rules governing the administration, organisation, powers and functions of administrative authorities. For Baxter, it is a set of common-law principles which promote the effective use of administrative power, protect against misuse, preserve a balance of fairness and maintain the public interest. Chaskalson describes it as the interface between the bureaucratic state and its subjects. From this it may be seen that commentators agree that administrative law is concerned with attaining administrative efficiency, and with ensuring that this power is tightly controlled, so that no abuse may occur. In Pharmaceutical Manufacturers Association of South Africa: In re Ex Parte President of the Republic of South Africa, it was held that administrative law forms the core of public law. It overlaps with constitutional law because both deal with organs of state and their relationship to individuals. Administrative law differs from constitutional law, however, in its emphasis on a particular branch of government (the public administration) and on a particular activity of the state (administrative action). In , the Constitutional Court held that the administration is that part of government which is primarily concerned with the implementation of legislation. In summary, then, administrative law regulates the activities of bodies that exercise public powers or perform . It empowers administrative officials so that they may implement policies or programs, and limits the exercise of power by requiring all administrative action meet the minimum requirements of lawfulness, reasonableness and fairness. (en) |
| dbo:wikiPageID | 38858821 (xsd:integer) |
| dbo:wikiPageLength | 43025 (xsd:nonNegativeInteger) |
| dbo:wikiPageRevisionID | 1123685496 (xsd:integer) |
| dbo:wikiPageWikiLink | dbr:Sasol dbr:Promotion_of_Administrative_Justice_Act,_2000 dbr:S_v_Makwanyane dbr:Public_law dbr:Administrative_law dbc:Administrative_law_by_country dbc:South_African_administrative_law dbr:Law_of_South_Africa dbr:Minister_of_Health_v_New_Clicks dbr:Fedsure_Life_Assurance_v_Greater_Johannesburg_Transitional_Metropolitan_Council dbc:Law_of_South_Africa dbr:Uthingo_Management_(Pty)_Ltd_v_Minister_of_Trade_and_Industry dbr:Audi_alteram_partem dbr:Platinum_Asset_Management dbr:Pharmaceutical_Manufacturers_Associati...ident_of_the_Republic_of_South_Africa dbr:Affordable_Medicines_Trust_v_Minister_of_Health dbr:Attorney_General,_Eastern_Cape_v_Bloom dbr:Bato_Star_Fishing_v_Minister_of_Environmental_Affairs dbr:Gamevest_v_Regional_Land_Claims_Commissioner,_Northern_Province_and_Mpumalanga dbr:JSE_v_Witwatersrand_Nigel_Limited dbr:Jacobs_v_Waks dbr:Lunt_v_University_of_Cape_Town dbr:Marais_v_Democratic_Alliance dbr:Mgoqi_v_City_of_Cape_Town dbr:Minister_of_Environmental_Affairs_&_Tourism_v_Phambili_Fisheries dbr:Nala_Local_Municipality_v_Lejweleputswa_District_Municipality dbr:Nemo_iudexin_sua_causa dbr:Noupoort_Christian_Care_Centre_v_Minis...onal_Department_of_Social_Development dbr:Petro_Props_v_Barlow dbr:Platinum_Asset_Management_v_Financial_Services_Board dbr:Platinum_Asset_Management_v_Financial_...pital_House_v_Financial_Service_Board dbr:President_of_RSA_v_Hugo dbr:President_of_the_RSA_v_SARFU dbr:Public_functions dbr:R_v_Mchlery dbr:Rowan_v_Williams dbr:SA_Roads_Board_v_Johannesburg_City_Council dbr:Sasol_Oil_v_Metcalfe dbr:Transvaal_v_Traub dbr:Van_Zyl_v_Government_of_RSA |
| dbp:wikiPageUsesTemplate | dbt:Reflist dbt:Short_description dbt:Use_South_African_English dbt:Use_dmy_dates dbt:SA_law dbt:Administrative_law |
| dcterms:subject | dbc:Administrative_law_by_country dbc:South_African_administrative_law dbc:Law_of_South_Africa |
| gold:hypernym | dbr:Branch |
| rdf:type | dbo:Organisation |
| rdfs:comment | South African administrative law is the branch of public law which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in present-day South Africa, which regulates "the activities of bodies that exercise public powers or perform public functions, irrespective of whether those bodies are public authorities in a strict sense." According to the Constitutional Court, administrative law is "an incident of the separation of powers under which the courts regulate and control the exercise of public power by the other branches of government." (en) |
| rdfs:label | South African administrative law (en) |
| owl:sameAs | freebase:South African administrative law wikidata:South African administrative law https://global.dbpedia.org/id/b9QE |
| prov:wasDerivedFrom | wikipedia-en:South_African_administrative_law?oldid=1123685496&ns=0 |
| foaf:isPrimaryTopicOf | wikipedia-en:South_African_administrative_law |
| is dbo:wikiPageRedirects of | dbr:History_of_South_African_administrative_law dbr:Administrative_law_in_South_Africa |
| is dbo:wikiPageWikiLink of | dbr:Appeal_in_South_African_law dbr:Paul_Kruger dbr:Uthingo_Management_v_Minister_of_Trade_and_Industry dbr:Institute_for_Democracy_in_South_Africa_v_African_National_Congress dbr:President_of_the_Republic_of_South_Africa_v_M&G_Media dbr:Promotion_of_Administrative_Justice_Act,_2000 dbr:Minister_of_Health_v_New_Clicks dbr:Judicial_review_in_South_Africa dbr:History_of_South_African_administrative_law dbr:Kate_O'Regan dbr:Administrative_law_in_South_Africa |
| is foaf:primaryTopic of | wikipedia-en:South_African_administrative_law |