Bonga university

Administrative law

Only for educational purpose

By; Abdushukur N.
Bonga, Ethiopia
September, 2017
 Chapter 1-Introduction to administrative law

• Administrative Law is understood differently by

different people, and various definitions are
forwarded by different scholars. As a result, there is
no universal, single and acceptable definition for the
term administrative law and as to what it consists of.
• According to a scholar, sir Jennings, administrative
law is a law that relates to administration and it
determines the organization, power and duties of
administrative authorities.
• what is administration?
• It is an activity performed through cooperation in
order to achieve a certain end. Hence it is possible
to say that administration incorporates government
authority and responsibility performed by
individuals at every stage, and includes any activity
carried out in order to implement laws.
• Therefore, administrative law, according to the
above definition, is concerned with activities and
responsibilities performed by government
authorities and individuals through cooperation in
order to achieve certain end, usually implementation
of laws.
• It studies rules and principles applicable to the
manner of exercising governmental powers such
as principles of fairness, reasonableness, rationality
and the rules of natural justice.
• Administrative law is essentially a branch of public
law that gives powers, responsibilities, duties and
rights to administrative agencies.
• It sets different procedures to be followed by them
while exercising their powers and responsibilities.
• It also provides for various controlling mechanisms.
 Historical dev’t
• The change in the role of government and thereby the
transformation of the ‘police state’ to the ‘welfare state’
has necessitated the need for conferring more power on
the administration and simultaneously the need for
controlling this power.
• The increasing growth of these two directions, i.e. power
vs. control, their conflict and struggle somehow reflect
the growth of the administrative law
• Administrative law is the by- product of the growing of
socio- economic functions of the state and the increased
powers of the government.
• Power has become very necessary in the
developed society and the relationship of the
administrative authorities has become very
complex.
• In order to regulate these complex relations, some
law is necessary, which may bring about regularity,
certainty and may check at the same time the
misuse of power vested in the administration.
• In the ancient society the functions of the state
were very few, the prominent among them being
protection from foreign invasion, levying of taxes
and maintenance of internal peace and order.
• The rapid growth of the administrative law in modern
times is the direct result of the growth of
administrative powers.
• The theory of laissez faire in the 19th century
envisages minimum government control, maximum
free enterprise and contractual freedom.
• The state was characterized as the law and order state.
• Its role was limited to the traditional role of
government i.e. as a protector.
• The management of social and economic life was not
regarded as government responsibility.
• But laissez faire doctrine resulted in human
misery/ስቃይ/መከራ.
• The unequal bargaining power between labour and
management resulted in exploitation of workers,
dangerous conditions of work and child labour.
• This ultimately led to the spread of poverty and the
concentration of wealth in a few hands.
• Then it came to be recognized that the state should
take active role in upgrading the conditions of
power. This approach gave rise to the favoured state
intervention, social control and regulation of
individual enterprise.
• The ‘negative state’ was then forced to assume a
positive role.
• In course of time, out of dogma of collectivism
emerged the concept of “social welfare state”
which laid emphasis on the role of the state as a
vehicle of socio- economic- regeneration and
welfare of the state.
• Thus, the growth of the administrative law is to be
attributed to a change of philosophy as to the role
and function of the state
 Purpose /Aim of administrative law

• Striking a balance and bringing about

harmony between power and justice is the
central mission of the administrative law.
• Administrative law was created as an
instrument to control the ever- expanding
governmental power.
• Concentration of power in the hands of public
officials, unless regulated and controlled properly
and effectively, always poses a potential danger to
the rights, freedom and liberty of individuals.
• Administrative law was developed as a response to
the threats of ‘big government.’ it is the response
to the problem of power.
• It unequivocally accepts the need or necessity of
power, simultaneously stressing the need to ensure
the exercising of such power within proper bounds
and legal limits.
• controlling the manner of exercise of public power
so as to ensure rule of law and respect for the right
and liberty of individuals.
• Administrative law, as its first function, put
limitation on the power of agencies through setting
standards, stating clearly the powers and functions
they have, specifying the procedures and internal
decision processes through which administrative
agencies may act, remedies to individuals when
these rules and procedures are violated.
• Controlling the exercise and excesses of power is
the essence and mission of the administrative law.
• The ultimate purpose of administrative law is
controlling exercise of governmental power.
• administrative law-the law which determines the
ends and modes to which the sovereign power shall
be exercised. Austin
• administrative law -“the law applicable to those
administrative agencies, which possess delegated
legislation and adjudicative authority.’ Schwartz
• Jennings has defined Administrative law as “the
law relating to the administration
• As a body of law, administrative law deals with the
decision making of administrative units of
government in such areas as international trade,
manufacturing, environment, taxation,
broadcasting, immigration and transport. It is a law
that controls how government agencies deal with
individuals and how individuals deal with them.
• Administrative law is a branch of public law as it
primarily deals with the relationship of individuals
with administrative agencies, and the relationship
these organs have amongst themselves.
• Generally
• ADL studies powers of administrative agencies. w/c
is relevant to determine whether any administrative
action is ultra-vires or there is an abuse of power.
• administrative agencies are government organs mainly
structured with in the executive branch of the
government and vested with the power of rule making,
adjudication and enforcement of rules.
• It studies the rules, procedures and principles of
exercising these powers.
• It also studies rules and principles applicable to the
manner of exercising governmental powers such as
principles of fairness, reasonableness, rationality
and the rules of natural justice.
• It studies the controlling mechanism of power.
• Administrative agencies while exercising their
powers may exceed the legal limit abuse their
power or fail to comply with minimum procedural
requirements.
• Lastly it studies remedies available to aggrieved
parties whose rights and interests may be
affected by unlawful and unjust administrative
actions.
• Administrative law is concerned with effective
redress mechanisms to aggrieved parties.
• Mainly it is concerned with remedies through
judicial review.
• Administrative law is primarily concerned with the
control of power.
• A comprehensive, advanced and effective system of
administrative law is supported by the f/f 3 broad
principles:
• Administrative justice-in administrative decision
making Z rights & interests of individuals should be
properly safe guarded.
• Executive accountability-those who exercise the
executive powers of the state can be called on to
explain and justify the way in which they have gone
about that task.
• Good administration- Administrative decision and
action should conform to universally accepted
standards, such as rationality, fairness,
consistency and transparency.
• Sources of Administration Law-
• constitution,
• legislation,
• delegated legislations (directives and
regulations),
• judicial review (z least source).
• Scope of Administrative Law-
• the proper scope of the administrative law is
procedure, not substance.
• This means, it is concerned with the decision-
making procedure (how power is exercised),
rather than the decision itself.
• Public Law/Private Law Divide-
• The boundaries of administrative law extend only
when administrative agencies and public officials
exercise statutory or public powers, or when
performing public duties.
• The former govern the relationship between the
state and the individual, whereas the later governs
the relationship between individual citizens and
some forms of relationships with the state, like
relationship based on government contract.
• Substance vs. Procedure- The focus of
administrative law is mainly on the manner and
procedure of exercising power granted to
administrative agencies by the legislature.
• Theoretical Perspectives- the perspectives on
administrative law are summarized by two contrasting
models.
• Red Light Theory- advocates strong role for the courts to
review administrative decisions. It considers that the
function of law is to control the excesses of state power.
• Green Light Theory- approach considers that the
function of administrative law is to facilitate the operation
of the state.
• It is based on the rationale that bureaucrats will function
most efficiently in the absence of intervention.
• It regards law not as a controlling mechanism, rather as
facilitative tool. Consequently, it considers the court’s
intervention as an obstacle to efficiency.
• Constitutional Law and Administrative Law
• AL is categorized as public law. So does z cons.
• Constitutional law, formulates fundamental rights
which are inviolable and inalienable. Hence, it
supersedes administrative law.
• AL does not provide rights. Its purpose is providing
principles, rules and procedures and remedies to
protect and safeguard fundamental rights. It is a
tool for implementing the constitution.
• Both share a common ground, and supplement
each other in their mission to bring about
administrative justice.
• Administrative Law and Human Rights
• Both systems of law aim at restraining arbitrary or
unreasonable governmental action and, in so
doing, help to protect the rights of individuals.
• Both laws assert that governments must not
intrude on people’s lives without lawful authority.
• Human rights law is principally concerned with
protecting and ensuring substantive rights and
freedoms, whereas administrative law focuses
more on procedure and judicial review attempts
made to preserve a strict distinction between the
legality and the merits of a decision.
• HRL law is underpinned by the paramount ideal of
securing human dignity, whereas AL is more
committed to good decision-making and rational
administration.
Administrative Law and Good Governance
• AL helps to realize the three underlying principles of
good administration: i.e.
• accountability,
• transparency and
• public participation.