Administrative Law
1. What is Administrative Law?
Definition:
Administrative Law deals with the rules, regulations, and principles governing the actions and operations of government agencies, public authorities, and administrative tribunals.
Purpose:
To regulate the exercise of governmental power and ensure the lawful, fair, and reasonable administration of public duties.
2. Sources of Administrative Law
Constitution (e.g., separation of powers, fundamental rights)
Statutes/Legislation (enabling statutes creating administrative agencies)
Delegated Legislation (rules, regulations made by agencies)
Judicial Decisions (court judgments controlling administrative actions)
Custom and Usage
3. Key Features of Administrative Law
Deals with executive or administrative actions
Involves delegated legislation or rule-making
Ensures accountability and control over administrative bodies
Balances efficiency and fairness in public administration
Focuses on discretionary powers and their limits
4. Administrative Agencies and Tribunals
Created by legislation to carry out specific government functions
Have rule-making, adjudicatory, and enforcement powers
Examples: Tax authorities, pollution control boards, labor tribunals
5. Delegated Legislation
Also called subordinate or secondary legislation
Powers delegated by legislature to administrative agencies to make rules or regulations
Allows flexibility and technical expertise
Subject to judicial review and sometimes legislative control
6. Principles of Natural Justice
Administrative law requires that decisions affecting rights or interests must be fair, involving:
Audi Alteram Partem (Right to be heard)
Nemo Judex in Causa Sua (No one should be a judge in their own cause - rule against bias)
7. Judicial Review
Courts have power to review administrative actions for legality, reasonableness, and fairness.
Grounds for judicial review:
Illegality (lack of jurisdiction, acting beyond powers)
Irrationality/Unreasonableness (Wednesbury principle)
Procedural Impropriety (breach of natural justice)
Proportionality (especially in human rights cases)
Remedies include quashing orders, prohibitory injunctions, mandamus, and declarations.
8. Control Mechanisms Over Administrative Actions
Internal Controls: Supervisory authorities within the agency
Legislative Controls: Parliamentary oversight, questions, committees
Judicial Controls: Courts' power of judicial review
Ombudsman: Independent authority to investigate complaints against public agencies
Right to Information: Transparency and accountability
9. Administrative Discretion
Administrative authorities are often given discretion to make decisions.
Discretion must be exercised within legal bounds, reasonably, and without arbitrariness.
10. Types of Administrative Actions
Quasi-legislative: Making rules/regulations
Quasi-judicial: Deciding disputes or adjudicating rights
Administrative: Day-to-day decisions or policy implementation
11. Important Concepts
Ultra Vires: Acts beyond legal power are invalid
Delegatus Non Potest Delegare: A delegate cannot further delegate unless authorized
Ex Parte: Decision made without hearing the other party (generally discouraged)
Fettering Discretion: Authorities cannot rigidly limit their discretion by fixed policies
12. Examples of Administrative Law in Action
Licensing and permits
Tax assessments
Social security benefits
Environmental regulation
Immigration control
Summary Table
| Aspect | Description |
|---|---|
| Purpose | Control administrative power |
| Key Principles | Natural justice, legality, fairness |
| Review by Courts | Judicial review on various grounds |
| Discretion | Must be reasonable and lawful |
| Remedies | Quashing, mandamus, injunction |
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