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Administrative Law Notes

Institution: University

Course: Bachelor of Law

Content Category: Lecture Notes

Posted By: davidkariuki1010

Document Type: PDF

Number of Pages: 64

Price: KES 500

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SCHOOOL OF LAW
2023 ADMINISTRATIVE LAW. YEAR II (2020) GENERAL OVERVIEW.
The theory of a responsible government underscores what administrative law is all about. Administrative law presupposes that the executive arm of government would implement the law in the letter and spirit and be responsible and accountable to its citizens. An administrative act by a public body or official should emanate from an authority of law and ought to be exercised within the precinct of the enabling provisions of law. According to
Black’s Law Dictionary administrative law is the branch of law governing the organization and administrative agencies (including executive and independent agencies) and the relations of administrative agencies and the legislature, the executive, the executive and the public. In their book, Judicial Review of Administrative Actions in Kenya, P.L.O Lumumba and Kaluma describe Administrative laws as ‘that sphere of public law which concerns itself with the structure, powers, procedures and control of administrative organs with public officials, and which specifies the procedure’. They quote Dicey who in his book, Law of the Constitutions, 329-333 8th edition defines Administrative Law as:
“ the law denoting the portion of a nation’s legal system which determines the legal status and liabilities of all states officials, which defines rights and liabilities of private individuals in their dealings with public officials, and which specifies the procedure by which those rights and liabilities are enforced.”
Another writer, Sir Ivor Jennings in, The Law and the Constitution, 217 5th edition describes administrative law in the following words:
‘Administrative law is the law relating to the administration. It determines the organization, powers and duties of administrative authorities’.
And other writers, Wade and Phillips in their book Constitutional law, 1971, p 583 define administrative law as a branch of public law which is concerned with the composition, powers, duties, rights and liabilities of various organs of government which are engaged in administration.’
In the article, Judicial Review in Kenya (Law Africa, 2006) PLO Lumumba described Administrative Law as the law relating…. To the decisions of officers or organs of Central Government or Public Authorities which may affect the rights or liberties of citizens and which are enforceable in or recognized by courts of law’.
The above dictionary defines administration in the context of administrative law to be ;
I. the management or performance of the executive duties of a government, institution or business;
II. in public law, the practical management and direction of the executive department and its agencies;
III. a judicial action in which a court undertakes the management and distribution of property.
Montesquieu in L Espirit des Lois (1748), following attempts by Aristotle and Locke divided powers of government into: (i) the legislative power; (ii) the executive power in matters pertaining to law of the nations, and (iii) the power of judging ie legislative , executive and judicial powers.
Administrative law is divided into three parts: (i) the statutes endowing agencies with powers and establishing rules of substantive law relating to those powers; (ii) the body of agency- made law, consisting of administrative rules, regulations, reports, opinions containing findings of fact, and orders; and (iii) the legal principles governing the acts of public agencies.

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Administrative Law Notes

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