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Introduction of Administrative Law

Administrative law governs the activities of government agencies and addresses issues like rule-making, adjudication, and regulatory enforcement. It developed greatly in the 20th century as governments created more agencies to regulate various spheres. Administrative law is a branch of public law concerned with the rules and procedures of governmental bodies. It provides individuals the ability to seek judicial review of unlawful administrative actions and remedies. The key principles of administrative law include judicial review, legitimate expectations, reasonableness, good governance, and natural justice.
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0% found this document useful (0 votes)
53 views3 pages

Introduction of Administrative Law

Administrative law governs the activities of government agencies and addresses issues like rule-making, adjudication, and regulatory enforcement. It developed greatly in the 20th century as governments created more agencies to regulate various spheres. Administrative law is a branch of public law concerned with the rules and procedures of governmental bodies. It provides individuals the ability to seek judicial review of unlawful administrative actions and remedies. The key principles of administrative law include judicial review, legitimate expectations, reasonableness, good governance, and natural justice.
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Introduction of Administrative Law

Administrative law is part of the branch of law commonly referred to as public law, the law
which regulates the relationship between the citizen and the state and which involves the exercise
of state power. So, it is a part of the legal framework for public administration. Public
administration is the day-to-day implementation of public policy and public programs in
areas as diverse as immigration, social welfare, defence, and economic regulation—indeed in
all areas of social and economic life in which public programs operate.

Administrative law is the body of law that governs the activities of administrative agencies
of government. Government agency action can include rule making, adjudication, or the
enforcement of a specific regulatory agenda. Administrative law is considered a branch of
public law. Administrative law deals with the decision making of such administrative
units of government as tribunals, boards or commissions that are part of a national regulatory
scheme in such areas as police law international trade manufacturing the environment,
taxation, broadcasting immigration and transport. Administrative law expanded greatly during
the twentieth century, as legislative bodies worldwide created more government agencies to
regulate the social, economic and political spheres of human interaction.

2. Concept of Administrative Law:

Administrative law is a branch of public law that is concerned with the procedures, rules, and
regulations of a number of governmental agencies.

Administrative law is that body of law which applies for hearings before quasi-judicial bodies,
boards, commissions or administrative tribunals supplement the rules of natural justice with their
own detailed rules of procedure. Through jurisprudence, common law or case law, these
principles have each been expanded and refined beyond their original simplistic design to form
distinct bodies of law forming together what the legal system refers to as administrative law.

3. Definition of Administrative Law:

Administrative law deals with the legal control of government and related administrative
powers. In other words, we can define administrative law as the body of rules and regulations
and orders and decisions created by administrative agencies of government.

Administrative law consists of complaints respecting government action that adversely affects an
individual. Thus, administrative law involves determining the legality of government actions.
There is a two-fold analysis: the legality of the specific law itself and the legality of particular
acts purportedly authorized by the specific law.Governments cannot perform any act by itself.
Governments act through government officials who
must act within certain limitations. A government’s power to act comes from legislation. Thus,
must act within the parameters (or scope) of such legislation which give their
actions lawful authority. These are lawful actions. If government officials act outside the scope
of their lawful authority and individuals are affected by these acts, then the principles of
administrative law provide individuals with the ability to seek judicial review of the
administrative action and possible remedies for the wrongful acts.
Sources of Administrative Law:
6.1 Constitution

The Constitution is the creator of various several administrative bodies and agencies. It gives
brief details about the mechanism and the administrative powers granted to various authorities.
The Constitution is the supreme law of the land. Any law or act which is inconsistent with it has
no force or effect. The effect of this provision is that laws and administrative acts must comply
with the Constitution. The Constitution is binding on the executive branch of government in
every sphere of administration. Constitution establishes a variety of agencies and
administrative structures to control the exercise of public power.

6.2 Acts and Statutes

Acts and Statutes passed by legislature are important sources of administrative law because they
elaborately detail the powers, functions and modes of control of several administrative bodies.
6.3 Ordinances, Notification and Circulars Ordinances are issued by the President (at Union /
Federal level) and Governor (at State level) and are valid for a particular period of time. These
ordinances give additional powers to administrators in order to meet urgent needs.
Administrative directions, notifications and circulars provide additional powers by a higher
authority to a lower authority. In some cases, they control the powers.

 It controls these administrative authorities through judicial and other means.


6.4 Judicial decision

Judicial decisions or judge-made law have been responsible for laying down several new
principles related to administrative actions. They increased the accountability of administrative
actions and acted as an anchor between the notifications, circulars etc. to be linked and complied
directly or indirectly with the constitutional or statutory provisions.

7. Principles of Administrative Law:


7.1 Judicial Review:

Administrative law is generic term, it encompasses all aspects of legal regulations of


governmental powers, and judicial review of the administrative actions refers to the jurisdiction
of the courts to ensure that governmental decision makers act within law. The exercise of legal
power may often involve the exercise of discretion to choose between alternative courses of
action or, indeed, whether or not to act at all. The essence of discretion is, however, that it is
contained within legal limits. A power not contained within such limits would be arbitrary. The
principles of judicial review serve to set legal limits to the exercise of discretionary powers.
Judicial review is concerned with the legality of the decision made, not with the merits of the
particular decision

7.2 Principle of legitimate expectation


It was, in fact, for the purpose of restricting the right to be heard that 'legitimate expectation' was
introduced into the law. It made its first appearance in an English case where alien students of
'Scientology' were refused extension of their entry permits as an act of policy by the Home
Secretary, who had announced that no discretionary benefits would be granted to this sect. They
had no legitimate expectation of extension beyond the permitted time and so no right to a
hearing, though revocation of their permits within that time would have been contrary to
legitimate expectation. Official statements of policy may cancel legitimate expectation; just as
they may create it.

7.3 Principle of reasonableness


The concept of discretional decision making is one of the main issues of administrative law. The
term discretion has been used to indicate administration’s choice to achieve its goal
without
arbitrariness since it achieves its goals by involving all citizens. Wielding this power, it can make
choices from a range of solutions, but bounded by the principle of reasonableness. This principle
expresses the logical relationship that must exist between discretional decisions and the
evaluation
of all public and private interests involved in the circumstances of the case.

7.4 Principle of good governance


Good governance is about the processes for making and implementing decisions. It’s not about
making ‘correct’ decisions, but about the best possible process for making those decisions. Good
governance has eight major characteristics:

 Participatory
 Consensus oriented
 Accountability
 Effective and efficient
 Equitable and inclusive
 Rule of law
 Transparent
7.5 Principle of natural justice
“Not only should justice be done, but it should be seen to be done” It is not a written law but has
been developed by courts in process of their judicial decisions. It seems to be as old as the
system of dispensation of justice itself. It has by now assumed the importance of being, so to say,
"an essential inbuilt component" of the mechanism, through which decision making process
passes, in the matters touching the rights and liberty of the people. It is no doubt, a procedural
requirement but it ensures a strong safeguard against any Judicial or administrative; order or
action, adversely affecting the substantive rights of the individuals

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