What is Administrative Law all about?

1.) Administrative Law is about exercise of power by public authority and measuring the propriety of the exercise of that power against Human Rights Standards. See case law R (Mohamood ) V. Home Secretary (2001) WLR 840. Lord Justice was emphatic of the need to find a principled measure of scrutiny which will be loyal to the authorities and measuring the propriety of the exercise of that Convention rights, but royal also legitimate claims of democratic power.

2.) Concept of separation of powers between the three arms of state and the constutionality of exercise of aspect power by each arm of state is an important aspect of administrative law.

3.) Judicial control of executive decision makers is also an important aspect of both Constitutional and Administrative law.

4.) Procedural fairness in decisional making of all kind is also the concern of Administrative Law and particularly ensuring that discretionary powers are exercised fairly. Courts must rise to the challenge of ensuring that discretionary powers are exercised reasonably, by closely scrutinizing the exercise of that discretionary power to also ensure that there is no compromise of democratic power.

5.) Principles of rule of law, equality before the law, and rule by law not rule man, supremacy of the law, respect for the rule of law, access to courts, judicial offices principles of natural justice, concepts such as reasonableness etc are also the concern of administrative law.

Administrative law is also about

Judicial checking of abuse of Legislative Power.
Administrative Law is about Government, Law and Justice;

There has been enactment of numerous laws in 8th &9th Parliament of regulatory Legislation and the tendency to entrust more and more power to the State / State Corporations, establishment of numerous Boards, Commissions, expansion of ministerial Powers to enact subsidiary Legislation. This is the subject of Administrative Law, particularly the manner of exercise of power by the various boards and public entities.

Administrative Law also seem to deal with Sphere of Local Government Authority, particularly in scrutinizing areas where these authorities have been granted power to act independently of any other authority by statute. This function of Administrative Law is to ensure the proper exercise of these powers e.g - Have proper and relevant statutory procedures been followed in the enactment of Bylaws? Grounds for refusal of development permission proper?

Administrative Law is thus about the legality of exercise of discretionary Power e.g Planning permission by Local Government Authority. This must be kept subject to Policy control (through Parliament) and Judicial Control Courts. See Daymond vs Plymonth City Council (1976) AC 609.

7.) Administrative Law is the Law that relates to control of Government Power.

8.) Powers of Public Authority are Subordinate to and subject to the Law

9.) In administrative Law there is no such thing as unfettered Power. The recognition that any Power can be possibly abused is key e.g If parliament enacts a Law that a Minister may make such order as it thinks to fit for certain purpose, the Court may still invalidate such an order if it infringes on Constitutional Principles or the Rule of Law.

10.) The primary purpose of Administrative Law therefore is to keep Powers of Government within legal bounds, so as to protect citizens against their abuse. The powerful engines of Authority must be prevented from running amok. Power must be exercised without, abuse, unreasonableness malice” or “bad faith”. Government departments have to implement complex, uncertain Law. Abuse is therefore inevitable. The Law must provide means of checks and balances, to ensure citizens rights are not infringed.

Judicial Review litigation relating to challenges of Legal Power/ Authority is about the practical application of the rule of Law, meaning that the Government must have legal warrant for what it does and if it acts unlawfully citizens have an effective legal remedy.

Administrative Law is also about duty. In Administrative Law Power = Duty. It is also the concern of Administrative Law to see to it that Public departments are compelled to perform their duties if they are in default. e.g licensing authorities may have a duty to grant licenses. The law provides compulsory remedies for such situations, thus dealing with the negative as well as the positive side mal administrative.

Administrative Law examines the manner in which Public Authorities exercise their functions. There are some unwritten Laws, which are the foundation of Administrative Law; e.g

a.) Giving aggrieved parties the right to heard? Exercise mandatory powers obligation? Acting reasonably, not condemning a party before giving it the right to be heard

b.) Exercise of power by public entities.

c.) Statutory Tribunals. Do they employ proper procedures in enforcing their statutory powers?

d.) A developed system of Administrative Law is not necessarily antagonistic to an efficient government.

e.) Intensive Administration will be more tolerable to the citizens and the Government path will be smoother where law can enforce high standards of loyalty, reasonableness and fairness.

f.) Continuous intervention by the Courts, which is now so conspicuous, (in jurisdictions such as Britain) does not mean the standard of Administration is low.

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jerop5614 answered the question on December 22, 2018 at 10:30