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Admin Law Overview and Test Prep Guide

The document outlines the principles of administrative law, emphasizing the importance of legality, reasonableness, reasons, and procedural fairness in administrative actions. It also provides details for an upcoming test, including preparation tips and the structure of the test questions, which will focus on application rather than specific case discussions. Students are encouraged to familiarize themselves with the problem on Sunlearn and understand that multiple solutions may be acceptable.

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millsgnr16
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5 views2 pages

Admin Law Overview and Test Prep Guide

The document outlines the principles of administrative law, emphasizing the importance of legality, reasonableness, reasons, and procedural fairness in administrative actions. It also provides details for an upcoming test, including preparation tips and the structure of the test questions, which will focus on application rather than specific case discussions. Students are encouraged to familiarize themselves with the problem on Sunlearn and understand that multiple solutions may be acceptable.

Uploaded by

millsgnr16
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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

OVERVIEW & TEST PREP

OVERVIEW
 POD: we are interested in legality - the rule of law.
o We need to ensure that those with power exercise that power within
the bounds of the law (rule of law)
 Expressed by the legality principle.
o Administrative law = a subset of legality, which applies to administrative
actions.
 AA = a decision to which legality must be applied, by way of
administrative law.
o An AA is always framed by an EP.
 i.e., there is a source that gives someone authority to take the
action.
 Once there has been an AA, the law places 4 basic requirements on it.
o Lawfulness, reasonableness, reasons and procedural fairness.
 Lawfulness (authorisation)
 There must be authorisation, and the action must fit the authorisation
o EP is the key here, against which the action must be tested.
 Reasonableness
 All about substantive fairness
o Fairness in the actual content + outcome of the decision.
 At a minimum, this decision must have some reasoning behind it
o i.e., it is not random.
 It is NOT about whether this is the correct decision.
o Reason: it is not up to us to question the administrator's
decision.
o Rather, we must test whether the decision was substantively
fair.
 Reasons
 There must be an explanation for why a decision was taken.
 Procedural fairness
 Formal fairness: what steps were taken in order to make the decision,
and was this done in a fair way?
 At the heart of fairness here, the person affected must have a chance
to influence the decision
Then, we have mechanisms to enforce all of this on administrators
 Tools to ensure that when an AA is taken, it meets the 4 requirements
o Then, if it does not, we have something to do about it.
Admin law also gives us a framework to frame the EP, to achieve the 4
requirements.

TEST PREP
 Test prep: 28 May at 10:00, room 1023
o Will discuss a problem that will be similar to the test question.
o Problem will be on Sunlearn --> NB to look at it beforehand.
 90 minutes writing time, 15 minutes reading time (105 minutes in total).
o Can make notes during the reading time.
Tips
 In the test, there will be a set of facts + bits of law, followed by questions.
o All questions will be application-based.
 NO specific case discussion questions.
 You will get PAJA in the test! --> don’t have to memorise it.
o This is why application is NB!
 Don't have to reference the full case name, as long as it is recognisable to
Prof (e.g., 'Bato Star').
 Don’t worry about writing everything down, and remember that there is no set
memo
o There are multiple ways to solve the problem.
 Just have to convince Prof that your argument is correct.

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