Chapter One:Classification of Administrative Functions

CHAPTER ONE CLASSIFICATION OF ADMINISTRATIVE FUNCTIONS

LEARNING OBJECTIVES Upon completion of this chapter, you should be able to: Explain the administrative functions - Distinguish between legislative, executive, judiciary and quasi judicial function. - Discuss the significance of the classification of administrative functions.

1.1

CLASSIFICATION OF ADMINISTRATIVE FUNCTIONS There are three types of bodies in the government which exercise three separate powers: a) Legislative body or Parliament b) Executive body or administrative c) Judiciary body Nowadays, administrative body does not only exercise its traditional function but also legislative and judiciary function. Discussion on these functions are significant in order to know the relevant remedy to be granted or awarded to the aggrieved party which normally depends on what is the function exercised by the administrative. 1.2 ADMINISTRATIVE FUNCTIONS Administrative function can be classified as follow: 1.2.1 Legislative function This function relates to the administrative action in giving or interpreting general regulation without reference to the specific cases. For instance, in making delegated regulation or law, the court will not grant certiorari to invalidate the implementation of this power.
Remedy= solution, treatment Aggrieved party= upset, mistreated, people Legislative= governmental 1

Chapter One:Classification of Administrative Functions

1.2.2 Administrative function It is a power which is other than legislative and judiciary. Examples of this power are the implementation of law and regulations and preservation of peace. In order to exercise this type of function, administrator will give certain order or use general regulation based on specific cases. The administrators action is free from any procedure unless the statute had provided specific procedure to be followed. Upon exercising this function, the administrator can use his discretionary power and is not required to give reasoned decision. 1.2.3 Ministerial function Upon exercising this type of function, the administrator should exercise power within the law, follow the relevant procedure and decide based on collective opinion. Examples of this function are registration of birth and death and taxation. Mandamus will be granted by the court if the administrator failed to exercise this function. 1.2.4 Judiciary function Normally this function is owned by the court to settle the dispute in the society and also to interpret the existing law. However, the administrator nowadays also can exercise this function, which is known as quasi judicial. The decision given by the administrator normally based on discretionary power and also has to follow the principle of natural justice. Examples of this function are revocation of licence, misconduct and so on. Generally, any action of the administrator which can infringe the individuals right can be regarded as quasi judicial action.

Can you differentiate one function from another? Maybe the examples can help you.