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PFM2 – Legal Aspects of Public Sector Finance and Administration

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PFM2 - Legal Aspects of Public Sector Finance and Administration

Course Features

Course Details

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
This course does not have any sections.

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