PFM2 – Legal Aspects of Public Sector Finance and Administration

PFM 2: LEGAL ASPECTS OF PUBLIC SECTOR FINANCE AND ADMINISTRATION

4.2.1. LEARNING OUTCOMES: On completion of this module students should be able to:

1. Define the term law and explain the sources of law;
2. Explain what a Constitution is and how it is different from Constitutional Law;
3. Explain what Administrative law is and how it is different from constitutional law ;
4. Explain the importance of law in public administration;
5. Identify and explain the functions of the organs of governance;
6. Identify the relevant laws and explain how they regulate the management of public sector finance; and vii. Identify and explain the remedies available in law for breaches of the law in the Management of Public Sector Finance.

4.2.2. MODULE UNITS AND WEIGHTINGS

Unit	Title	Weight %
1	Introduction to Legal Aspects of Public Sector Finance and Administration	10
2	Introduction to Constitutional Law	15
3	Organs of Governance and their Functions	10
4	Introduction to Administrative Law	20
5	Administrative Agencies of the Government	20
6	Control of Administrative Agencies	15
7	Remedies in Judicial Review	10

4.2.3. COURSE CONTENT

UNIT 1: INTRODUCTION TO LEGAL ASPECTS OF PUBLIC SECTOR FINANCE AND ADMINISTRATION

• Unit Topics:

• 1.1 What is law
• 1.2 Sources of law:
  • 1.2.1 The constitution as a source
  • 1.2.2 Statutes as a source
  • 1.2.3 Precedents as sources
• 1.3 Functions of law in society

UNIT 2: INTRODUCTION TO CONSTITUTIONAL LAW

• Unit Topics:

• 2.1 Sources of Constitutional law
• 2.2 The Constitution as a document
• 2.3 Distinction between a Constitution and Constitutional law
• 2.4 The Constitution as a supreme law

UNIT 3: ORGANS OF GOVERNANCE AND THEIR FUNCTIONS

• Unit Topics:

• 3.1 The Executive
• 3.2 The Legislature
• 3.3 The Judiciary

UNIT 4: INTRODUCTION TO ADMINISTRATIVE LAW

• Unit Topics:

• 4.1 Administrative law defined
• 4.2 Sources of administrative law
• 4.3 Statutes as sources (Finance Act and Others)
• 4.4 Statutory Instruments as sources
• 4.5 Administrative and constitutional law distinguished

UNIT 5: ADMINISTRATIVE AGENCIES OF THE GOVERNMENT

• Unit Topics:

• 5.1 Administrative bodies defined
• 5.2 Source of power for administrative agencies
• 5.3 Legal framework for administrative agencies
• 5.4 Regulatory framework for administrative agencies

UNIT 6: CONTROL OF ADMINISTRATIVE AGENCIES

• Unit Topics:

• 6.1 Judicial controls
• 6.2 Judicial Review as a control mechanism
• 6.3 The Scope of Judicial Review
• 6.4 Public bodies for Judicial Review purposes
• 6.5 Other control mechanisms (arbitration and tribunals)

UNIT 7: REMEDIES IN JUDICIAL REVIEW

• Unit Topics:

• 7.1 Certiorari (Quashing Order)
• 7.2 Mandamus (Mandatory Order)
• 7.3 Declaration
• 7.4 Injunction

4.2.4 The Examination Paper Format:

Structure of the Paper	Marks
Section A: 1 Compulsory question of 40 marks	40
Section B: Any 3 out of 4 questions, 20 marks each	60
TOTAL	100

The candidates will be allowed fifteen (15) minutes reading time. 4.2.5 Recommended Readings: ZICA PFM 2 Study Materials