ADMINISTRATIVE LAW
Administrative Law (6 Marks)
Administrative law is a branch of law that focuses on how government agencies and
officials make decisions and carry out their duties. It ensures that government actions
are legal, fair, and reasonable. This law helps in maintaining a balance between the power
of the government and the rights of the people.
Key Aspects of Administrative Law
1. Rules for Government Actions – Administrative law sets rules that government
agencies must follow when making decisions, creating policies, and enforcing
laws. This prevents misuse of power.
2. Protection of Public Rights – It ensures that people are treated fairly by
government authorities. If a government official or agency makes an unfair
decision, administrative law allows individuals to challenge it.
3. Regulations and Policies – Government agencies create detailed rules and
policies for different areas like education, transport, health, and business.
Administrative law ensures that these rules are made properly and do not harm
people's rights.
4. Tribunals and Special Courts – Instead of going to regular courts, people can take
complaints against government decisions to special bodies called tribunals.
These tribunals resolve issues faster and in a less complicated way.
5. Fairness and Accountability – Government officials must act fairly, follow
procedures, and give proper reasons for their decisions. Administrative law
prevents corruption, bias, and unlawful actions.
6. Judicial Review – If a government decision is illegal or unfair, courts have the
power to review and cancel it. This ensures that the government does not act
beyond its powers.
Conclusion
Administrative law plays a crucial role in making sure that government actions are fair,
lawful, and in the best interest of the people. It protects individuals from unfair treatment
and ensures that public authorities work within the law.
Nature and Scope of Administrative Law (10 Marks)
Administrative law is a branch of law that deals with the powers, duties, and
responsibilities of government agencies and officials. It ensures that public authorities
work within legal limits and protect the rights of individuals.
Nature of Administrative Law
1. Deals with Government Actions – Administrative law focuses on how government
agencies make decisions and enforce laws. It controls the actions of public
officials to prevent misuse of power.
2. Branch of Public Law – It is a part of public law, meaning it deals with the
relationship between the government and individuals rather than private disputes.
3. Ensures Fairness – Administrative law ensures that government actions are fair,
transparent, and follow proper procedures.
4. Dynamic and Growing – As governments expand their functions (like healthcare,
transport, and education), administrative law keeps developing to regulate these
new areas.
5. Protects Individual Rights – It prevents government agencies from making unfair
or unreasonable decisions that affect people’s lives.
6. Controls Discretionary Power – Government officials often have the power to
make decisions based on their judgment. Administrative law ensures they do not
misuse this power.
Scope of Administrative Law
1. Rule-Making Power (Delegated Legislation) – Government agencies create rules
and regulations to manage public affairs. Administrative law ensures that these
rules are made legally and fairly.
2. Decision-Making (Quasi-Judicial Functions) – Some government bodies act like
courts and resolve disputes, such as tax tribunals or labor commissions.
Administrative law ensures their decisions are just and reasonable.
3. Control Over Government Agencies – It provides ways to challenge and review the
decisions of public authorities through tribunals, appeals, and courts.
4. Judicial Review – Courts have the power to check and correct unlawful decisions
made by government agencies. If a decision is unfair, biased, or illegal, courts can
cancel it.
5. Remedies for Citizens – Administrative law provides remedies like appeals, writs,
and complaints for people who are affected by government actions.
6. Ensuring Accountability – Public officials must act responsibly and justify their
decisions. If they act unfairly, they can be held accountable.
Conclusion
The nature of administrative law ensures that government power is used legally and
fairly, while its scope covers rule-making, decision-making, and control over government
actions. It protects citizens from unfair treatment and ensures that government agencies
work in a lawful and efficient manner.
Relationship Between Administrative Law and Constitutional Law (10
Marks)
Administrative law and constitutional law are closely related because both deal with the
powers and functions of the government. While constitutional law sets the basic
framework of government, administrative law focuses on the rules and procedures that
government agencies follow in their daily work.
Differences Between Administrative Law and
Constitutional Law
Aspect Administrative Law Constitutional Law
Definition Deals with the powers, Deals with the structure,
functions, and duties of powers, and principles of
government agencies. the entire government.
Scope Focuses on government Covers the whole
departments, agencies, and government, including
their decision-making legislature, executive, and
processes. judiciary.
Purpose Ensures that public Defines fundamental rights,
officials act fairly and separation of powers, and
within legal limits. overall government
structure.
Control Mechanism Controlled by tribunals and Controlled by
judicial review. constitutional amendments
and courts.
Rights of Citizens Protects individuals from Provides fundamental
unfair government actions. rights and freedoms to all
citizens.
How They Are Connected
1. Both Deal with Government Powers – Constitutional law provides the foundation
for government powers, while administrative law ensures these powers are used
fairly and legally.
2. Protection of Rights – Constitutional law guarantees fundamental rights, while
administrative law ensures that government agencies do not violate these rights.
3. Judicial Review – Courts review both constitutional and administrative issues to
check if government actions are legal and fair.
4. Separation of Powers – Constitutional law divides government power into three
branches (Legislative, Executive, Judiciary), while administrative law ensures that
executive actions follow legal procedures.
5. Delegated Legislation – The Constitution allows the government to create
administrative bodies that make rules and regulations. Administrative law ensures
these rules do not exceed their limits.
6. Accountability and Transparency – Both laws aim to hold government officials
accountable for their actions and promote good governance.
Conclusion
Constitutional law is the supreme law that sets up the government’s structure and
fundamental principles, while administrative law focuses on how government agencies
function within that framework. Both work together to ensure justice, fairness, and
accountability in government actions.
Sources of Administrative Law (8 Marks)
Administrative law comes from different sources that guide how government agencies
work and make decisions. These sources ensure that government actions are legal, fair,
and accountable.
Main Sources of Administrative Law
1. Constitution – The Constitution is the highest law of the country. It defines the
powers and responsibilities of government authorities and protects the rights of
individuals. Administrative law must follow constitutional principles.
2. Legislation (Statutory Law) – Laws passed by the legislature (Parliament or State
Assemblies) create government departments and agencies. These laws give them
the authority to make decisions and enforce rules.
3. Delegated Legislation – Sometimes, the legislature allows government agencies to
make detailed rules and regulations. This is called delegated legislation, and
administrative law ensures these rules do not exceed their limits.
4. Judicial Decisions (Case Law) – Courts play an important role in shaping
administrative law. When judges make decisions in cases involving government
actions, these decisions become legal principles that guide future cases.
5. Customs and Traditions – In some cases, government departments follow
long-established customs and traditions. These practices influence administrative
law when they are recognized by courts or the government.
6. Reports and Recommendations – Committees, commissions, and expert bodies
often give recommendations to improve government administration. These
reports help shape administrative rules and policies.
7. International Law – Treaties, agreements, and international guidelines also
influence administrative law, especially in areas like trade, environment, and
human rights.
8. Ordinances and Executive Orders – The President or Governor can issue
temporary laws (ordinances) and orders to manage urgent matters. These are also
considered part of administrative law.
Conclusion
Administrative law comes from multiple sources, including the Constitution, legislation,
court decisions, and government policies. These sources ensure that government
agencies function properly and protect public rights.
Reasons for the Growth of Administrative Law (8 Marks)
Administrative law has grown rapidly in modern times due to the increasing role of the
government in people’s lives. As governments take on more responsibilities, they need
rules and regulations to function efficiently and fairly.
Main Reasons for the Growth of Administrative Law
1. Increase in Government Functions – Earlier, the government only maintained law
and order. Now, it manages education, healthcare, transport, and social welfare.
Administrative law helps regulate these functions.
2. Welfare State Concept – Modern governments aim to provide better living
conditions, employment, and public services. To achieve this, administrative laws
are needed to guide government agencies.
3. Complexity of Society – With industrialization and technological advancements,
society has become more complex. Administrative law helps manage industries,
labor laws, and public safety regulations.
4. Need for Quick Decisions – Courts take time to resolve disputes. Administrative
bodies and tribunals provide faster solutions to issues related to tax, employment,
and public services.
5. Delegated Legislation – Legislatures cannot make detailed rules for every issue.
They delegate rule-making power to government agencies, increasing the
importance of administrative law.
6. Protection of Public Rights – As government agencies gain more power, there is a
risk of misuse. Administrative law ensures that public officials act lawfully and
protect citizens' rights.
7. Judicial Control Over Government Actions – Courts review the decisions of
government agencies to prevent unfair actions. This has strengthened the role of
administrative law in governance.
8. Globalization and International Influence – International trade, environmental
issues, and human rights laws require governments to follow administrative rules
that align with global standards.
Conclusion
The growth of administrative law is due to the expanding role of the government, the
need for quick decisions, and the protection of public rights. It ensures that government
actions are legal, fair, and efficient in modern society.
Is It Logically Impossible to Distinguish Administrative Law and
Constitutional Law? (8 Marks)
Administrative law and constitutional law are both branches of public law that deal with
government powers and their limits. While they are closely connected, they are not the
same. Some scholars argue that it is difficult to separate them completely, but logically,
they can be distinguished based on their purpose, scope, and function.
How Administrative Law and Constitutional Law Are
Different
1. Different Purpose
○ Constitutional law defines the structure of the government, the powers of
different branches (Legislature, Executive, and Judiciary), and the rights of
individuals.
○ Administrative law focuses on how government departments and agencies
function, ensuring that their decisions are legal, fair, and reasonable.
2. Scope and Application
○ Constitutional law applies to the entire government system, covering broad
principles like fundamental rights, separation of powers, and the rule of
law.
○ Administrative law is more specific, dealing with the daily operations of
government bodies, public administration, and disputes related to
government decisions.
3. Source of Law
○ Constitutional law is derived from the Constitution, which is the supreme
law of the land.
○ Administrative law comes from statutes (laws made by Parliament), judicial
decisions (court rulings), and delegated legislation (rules made by
government agencies).
4. Who Controls and Enforces the Law?
○ Constitutional law violations are handled by constitutional courts (e.g.,
Supreme Court, High Courts).
○ Administrative law disputes are often resolved by tribunals, administrative
bodies, and judicial reviews by courts.
5. Rights and Remedies
○ If someone’s constitutional rights (like freedom of speech or right to
equality) are violated, they can directly approach the Supreme Court or
High Court under constitutional law.
○ If a government department makes an unfair decision (like rejecting a
license without reason), the affected person can challenge it in an
administrative tribunal or through judicial review under administrative law.
How They Overlap
Despite these differences, there are areas where administrative law and constitutional
law overlap:
1. Judicial Review – Courts can review decisions made by government agencies
under both constitutional and administrative law.
2. Fundamental Rights – If a government agency violates a person’s fundamental
rights, it becomes both a constitutional and administrative law issue.
3. Government Actions – Constitutional law gives power to the government, while
administrative law ensures that the government uses that power fairly.
Conclusion
It is not logically impossible to distinguish between administrative law and constitutional
law, but they are deeply connected. Constitutional law sets up the framework of
government, while administrative law ensures that government agencies follow legal
rules in their daily work. Though there are areas where they overlap, they have distinct
roles and can be logically separated.
Analysis of the Definition of Administrative Law: Too Broad or Too Narrow?
(10 Marks)
Administrative law is a branch of law that deals with the powers, duties, and actions of
government agencies. Different scholars have given various definitions of administrative
law, but some are criticized for being too broad (including more than necessary) or too
narrow (not covering all essential aspects).
Broad Definitions of Administrative Law
Some definitions of administrative law are too wide because they include many aspects
that go beyond its actual scope.
1. Ivor Jennings’ Definition
○ Jennings defines administrative law as “the law relating to the
administration, including rules that regulate the government’s powers and
duties.”
○ Criticism: This definition is too broad because it includes all laws related to
administration, even constitutional and general laws that do not strictly
belong to administrative law.
2. K.C. Davis’ Definition
○ Davis defines administrative law as “the law that concerns the powers and
procedures of administrative agencies.”
○ Criticism: This definition is broad but lacks clarity on how administrative
law controls these powers and procedures.
3. Dicey’s View (Criticism of Administrative Law)
○ A.V. Dicey was critical of administrative law and believed it gave excessive
power to government officials. He argued that administrative law created a
separate system of rules that protected government actions rather than
controlling them.
○ Criticism: His view was too broad in criticizing administrative law as a
system that weakens individual rights, while modern administrative law is
actually designed to protect people from misuse of government power.
Narrow Definitions of Administrative Law
Some definitions are too limited and fail to cover all essential aspects of administrative
law.
1. Wade and Phillips’ Definition
○ They define administrative law as “the law that controls administrative
authorities.”
○ Criticism: This definition is too narrow because it only talks about
controlling administrative authorities but does not mention their powers,
functions, or responsibilities.
2. Austin’s Definition
○ He defines administrative law as “the law that deals with the executive
branch of government.”
○ Criticism: This definition is too narrow because administrative law also
includes tribunals, commissions, and regulatory bodies, not just the
executive branch.
Balanced Definition
A well-balanced definition should neither be too broad nor too narrow. The definition
given by Garner is more appropriate:
“Administrative law is concerned with the powers and procedures of administrative
agencies, including judicial control over them.”
This definition is clear and precise because it includes:
✔ The powers and functions of government agencies.
✔ The procedures they follow.
✔ Judicial control to prevent misuse of power.
Conclusion
The definitions of administrative law vary, with some being too broad and including
unnecessary elements, while others are too narrow and fail to cover all aspects. A good
definition should clearly explain that administrative law deals with the powers, functions,
procedures, and controls over government agencies to ensure fairness and justice.
