“Abdulfatah Mohamed Ali Gurei”

1. Administrative law has no exact definition because of two reasons:

 Tremendous increase I the administrative process.
 Divergence of the scope of the subject in the continental and anglo-american legal
system.
2. When we need to understand or define administrative law there are two important facts and
they are:
 Administrative law is primarily concerned with the manner of exercising governmental
power.
 administrative law con not fully be defined without due regard to the functional approach.
3. administrative law is that branch of public law which deals with the organization and powers of
administrative and quasi administrative agencies and prescribes the principles and rules by
which an official action is reached and reviewed in relation to individual liberty and freedom.
4. The purpose of administrative law:
 To check abuse of administrative power.
 To ensure to citizens an impartial determination of their disputes by officials so as to protect
them from unauthorized encroachment of their rights and interests.
 To make those who exercise public power accountable to the people.
5 there are three basic principles of purpose of administrative law:
 administrative justice.
 Executive accountability.
 Good administration.
6 The sources of administrative law:
 Constitution.
 Legislation.
 Delegated legislation.
 Judicial opinion.
7 A/ the relationship between administrative law and constitutional law is:

SIMILAR DIFFERENCE

Both are public law and govern the relationship They related to their scope while constitutional law
between individual and state. deals in general with the power and structures of
government ex: legislative, executive and judiciary.
Administrative law in its scope of study is limited to
the exercise of the power by the executive brunch of
government.
B/ The relationship between administrative law and human rights:

SIMILAR DIFFERENCE

Both system of law aims at restraining arbitrary Human rights law is principally concern with
or unreasonable governmental action. protecting and ensuring substantive rights and
Both share concern for fair and transparent freedoms. while administrative law focuses more
process, the availability of review of certain on procedure and judicial review attempts made
decisions and provisions of affective remedies for to preserve a strict distinction between legality
breaches of the law. and merits.
_human right protects substantive end in
themselves. While administrative law focuses on
process as the end and it may be blind to
substantive outcomes

C/ The relationship between and good governance:

Both do not have any differences.

Good governance and administrative law are the attainment of administrative justice.

The set of values of administrative justice which mainly comprises, openness, fairness, participation,
accountability and so on.

D/ The relationship between administrative law and democracy:

SIMILAR DIFFERENCE

Both are accountability Administrative law concerned with the executive

accountability. While democracy accountable to
all branches.

8 _administrative law in civil law countries covers issues such as the organization, power and
duties of administrative authorities, the legal requirements governing their operation, and
remedies available to those adversely affected administrative action.

_administrative law in common law countries developed procedures for judicial review that limit
the review ability of decision made by administrative law bodies.

9 droit administrative is a French administrative law which means a body of rules which
determine the organization, power and duties of public administration and regulate the relation
of administration with the citizens of the country.
 10 the characteristics of conseil de etat:
 Those matters concerning the state and administrative litigation fall within the
jurisdiction of administrative courts and cannot be decided by the ordinary of courts of
the land.
 In deciding matters concerning the state and administrative litigation, special rules
developed by the administrative courts are applied.
 Conflict of jurisdiction between ordinary courts and administrative courts are decided by
the agency known as tribunal des conflicts.
 It protects government officials from control of the ordinary courts.
 Conseil de atat is the highest administrative court.
11 the factors that responsible to success conseil de etat are
 The composition and function of the conseil de etat.
 Flexibility of its case-law.
 The simplicity of the remedies available before the administrative courts.
 The special procedure evolved by those courts.
 The character of the substantive law, which they apply.
12 two significant factors for the growth of administrative law are:
 The proliferation of the administrative agencies.
 The expansion of delegated legislation.
13 there are three elements of rule of the law and they are:
 Supremacy of law (principle of legality).
 Principle of equality.
 Constitution is the result of the ordinary law of the land.

14 separation of powers means that none of the government ex: the legislation, executive and
judicial should ever exercise the powers of others. It means that three departments of government
are to be separated and distinct.

15 according to wide and Philips the doctrine of separation of power has three formulation
and they are:
 The same person should not form part of more than one of the three organs of the
government for example, ministers should not sit in parliament.
 One organ of the government should not interfere with any other organs of the government.
For example, the executive should not interfere in the administration justice by the courts.
 One organ of the government should not exercise the function assigned to any other organ. For
example the executive branch cannot legislate laws and as well it cannot adjudicate cases.
16 the separation of powers as a limitation on administrative law:
Even though the principle of separation of powers mainly draws a line between legislative, executive
and judicial functions of government, administrative law runs, to some extent, contrary to this principle.

It could be concluded that, it violates the principle of separation of powers.

Delegation of legislative powers by the legislature is clearly against the principle of separation of
powers.