Constitutional basis for administrative law
Constitutional Basis for Administrative Law
Administrative law governs the activities of administrative agencies of government. Its constitutional basis lies mainly in the principle of separation of powers and the idea that the executive branch must act within the limits set by the Constitution and the law.
Key Constitutional Principles Underpinning Administrative Law:
Separation of Powers
The Constitution divides powers among the legislature, executive, and judiciary. Administrative law ensures that the executive acts lawfully and within its constitutional limits.
Rule of Law
The government and its agencies must act according to law, not arbitrarily.
Due Process and Natural Justice
The Constitution often guarantees fair hearing and protection against arbitrary decision-making, providing constitutional grounds for administrative procedure.
Judicial Review
Courts have the constitutional power to review administrative actions to ensure they comply with the law and constitution.
Case Law Illustrating the Constitutional Basis of Administrative Law
Case 1: Marbury v. Madison (1803, USA)
Summary:
This landmark case established the principle of judicial review in the U.S. The Supreme Court held that it had the authority to declare laws and executive actions unconstitutional.
Constitutional basis:
Affirmed that the judiciary can review executive and legislative actions to ensure they conform to the Constitution.
Set the precedent for courts to oversee administrative actions, ensuring they don’t exceed constitutional powers.
Importance for administrative law:
This case is the foundation of administrative law’s constitutional basis. Without judicial review, there would be no check on administrative agencies.
Case 2: Keshavan Madhava Menon v. State of Bombay (1951, India)
Summary:
The Supreme Court of India ruled on the extent of power delegated to administrative authorities and emphasized that such delegation must be within constitutional limits.
Constitutional basis:
The Constitution allows delegation of powers but within the framework of Article 14 (Equality before law) and Article 21 (Right to Life and Personal Liberty).
Administrative authorities must act within the scope of power delegated by the legislature.
Importance:
It establishes that the legislature cannot abdicate its functions to administrative agencies beyond constitutional boundaries.
Case 3: Ridge v Baldwin (1964, UK)
Summary:
This case involved a police officer dismissed without a proper hearing. The House of Lords held the dismissal invalid due to breach of natural justice.
Constitutional basis:
The case enshrined the constitutional principle of natural justice (fair hearing) in administrative law.
It reinforced that administrative decisions affecting rights must follow procedural fairness guaranteed by the Constitution.
Importance:
This case underscores that administrative authorities are bound by constitutional principles like fairness and due process.
Case 4: Minister of Home Affairs v. Fisher (1980, South Africa)
Summary:
Fisher challenged the minister's refusal to grant him permanent residence. The court held that administrative discretion must be exercised in accordance with the Constitution.
Constitutional basis:
The case emphasized constitutional supremacy, where all administrative action must comply with the Constitution.
The executive’s discretion is not absolute but subject to constitutional and legal constraints.
Importance:
Highlights the constitutional check on administrative discretion.
Case 5: Anisminic Ltd. v. Foreign Compensation Commission (1969, UK)
Summary:
Anisminic challenged a decision of the Foreign Compensation Commission, arguing it was legally flawed.
Constitutional basis:
The case reinforced the role of courts in judicial review of administrative decisions.
It held that errors of law made by administrative bodies can be corrected by courts, reinforcing the constitutional principle of legality.
Importance:
The ruling limits administrative agencies from acting outside their lawful jurisdiction, ensuring adherence to constitutional principles.
Summary of Constitutional Foundations in Administrative Law:
Judicial Review: Courts act as constitutional guardians ensuring administration acts within the law (Marbury v. Madison).
Rule of Law and Legality: Executive and administrative authorities can only act under authority delegated by law (Keshavan Madhava Menon).
Natural Justice: Fundamental fairness in administrative procedures is constitutionally mandated (Ridge v Baldwin).
Constitutional Supremacy: No administrative act can contravene constitutional rights (Minister of Home Affairs v. Fisher).
Control over Ultra Vires Actions: Administrative bodies must not act beyond their legal power (Anisminic).
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