Administrative Law
QUESTION:
Discuss the salient dimensions of administrative justice and making reference to case law highlighting the most important rights linked to administration of justice.
AUTHOR: KATALILO JOY
INTRODUCTION
This paper will be a discussion of the leading dimensions of administrative justice and will highlight the fundamental rights linked to administration of justice.
Governments exist to provide guidance to its people. In fulfilling this important duty, governments make decisions that affect the members of society. The government makes decision through its various agencies. These agencies are given powers which fall under the legislature and the judiciary. The legislative powers of the agency gives it authority to make laws such as regulations, rules or procedures while the judicial powers give it the powers to adjudicate over contested cases within its area of jurisdiction. The later power of adjudication is what is known as administrative justice.
Administrative justice can also be defined as a procedure for settling disputes in the area of administrative law or the organisation, powers and procedures of the courts that carry the bulk of the control of “administration” by legal standards[1].
The definitions above do indicate that there are institutions or bodies that do administer administrative justice. These bodies do not fall in the concrete definition of a court as they receive their judicial powers from the Executive branch of government and not from the Constitution.
Prominent among these institutions are:
a) Commissions of Inquiry
These are appointed by the President using powers vested onto him by the Inquiries Act under which section 2 of the Act empowers him/her to issue Commissions. The Act is important in that it gives the president a chance to appoint independent persons to inquire into a matter which he feels he can not make a unilateral decision. It is a requirement that before the President issues a Commission,
Discuss the salient dimensions of administrative justice and making reference to case law highlighting the most important rights linked to administration of justice.
AUTHOR: KATALILO JOY
INTRODUCTION
This paper will be a discussion of the leading dimensions of administrative justice and will highlight the fundamental rights linked to administration of justice.
Governments exist to provide guidance to its people. In fulfilling this important duty, governments make decisions that affect the members of society. The government makes decision through its various agencies. These agencies are given powers which fall under the legislature and the judiciary. The legislative powers of the agency gives it authority to make laws such as regulations, rules or procedures while the judicial powers give it the powers to adjudicate over contested cases within its area of jurisdiction. The later power of adjudication is what is known as administrative justice.
Administrative justice can also be defined as a procedure for settling disputes in the area of administrative law or the organisation, powers and procedures of the courts that carry the bulk of the control of “administration” by legal standards[1].
The definitions above do indicate that there are institutions or bodies that do administer administrative justice. These bodies do not fall in the concrete definition of a court as they receive their judicial powers from the Executive branch of government and not from the Constitution.
Prominent among these institutions are:
a) Commissions of Inquiry
These are appointed by the President using powers vested onto him by the Inquiries Act under which section 2 of the Act empowers him/her to issue Commissions. The Act is important in that it gives the president a chance to appoint independent persons to inquire into a matter which he feels he can not make a unilateral decision. It is a requirement that before the President issues a Commission,