Administrative law is that branch of law that governs the scope and activities of government

agencies. Government agencies are daily making important decisions that affect Zambian
citizens. However, in the discharge of their functions administrative bodies must act with
“fairness”. Together with the right to an unbiased judge, the right “to a fair trial” forms part of
the elements that constitute the common law rules of natural justice. These rules are a pinnacle of
both Zambian and English law. In the Council of Civil Service Unions v Minister for the Civil
Service [1983] UKHL 6 case, it is Lord Scarman who stated that there was an implied duty of
fairness attached to all administrative acts. There is an expectation by anyone who is subject of
an administrative tribunal to have a fair hearing. Additionally, when it comes to judicial review,
a person affected may challenge a decision on the ground of procedural impropriety if his or her
right to a fair trial are abrogated.

According to Malemi (2008), While administrative decision-making bodies are often controlled
by larger governmental units, their decisions could be reviewed by a court of general
jurisdiction under some principle of judicial review which is based on the laws that the courts out
in place or in other words case law. When sitting in review of a decision, the Court will only
look at the method in which the decision was arrived at, whereas in an administrative appeal the
correctness of the decision itself will be examined, usually by a higher body in the agency
(Dicey, 1888). This difference is vital in appreciating administrative law in common law
countries such as Zambia which has a legal system that is based. It is often useful to differentiate
among three types if administrative laws which are namely procedural laws, interpretative and
legislative. Procedural laws are those that govern the agencies internal operations such as how it
deals with employee complaints of unfair treatment or processes appeals of various kinds.
Interpretative laws are essentially policy statements explaining how an agency understands a
statutory mandate. And lastly regulative laws regulate conduct generally and such matters as
private parties’ eligibility for licenses and other benefits. Administrative law may specify the
same or different standards and processes for each type of rulemaking (Egwummuo, 2006).
Administrative law mainly deals with the relationship between the executive and private persons
and/or organizations. In a democracy, an administrative body is strictly bound by law. First, it
needs powers to be assigned to it by means of legislation. According to the rule of law (legality
principle), all competences of administrative bodies that interfere with the legal position of
individuals must derive from legislation.

Second, in performing a task, an administrative body is bound by the specific rules that govern
this task and more generally both by the fundamental rights of the private persons and
organizations that are affected by the administrative actions and by the general principles of
administrative law.

The judiciary has the task to check whether the executive remains within the limits imposed on it
by law. Notably, separation of powers means that it should not check whether the decisions taken
by an administrative body and its other actions are the optimal ones. This kind of evaluation of
the administration’s work belongs to political bodies that are democratically legitimated. Courts
can check whether an administrative body complied with the law, by checking whether the
administrative body had the power to perform a task, and whether it obeyed the rules and rights
that govern the execution of the tasks of the administration.

The precise procedures by means of which courts can check on the executive differ from country
to country. An important factor in this connection is whether a country has a recours objectif or a
recours subjectif view on the function of administrative justice. In legal systems adhering to the
first view, quite some persons and organizations will have standing, but the powers of the courts
to provide remedies are more limited. In legal systems adhering to the second view, it is

CONCLUSION
To crown it all it is safe to say that administrative law regulates agency rule making,
adjudication, enforcement, and transparency. It specifies the legal status of agencies and
administrators and provides for external review by courts and legislatures. Administrative law is
the fundamental regulatory law of public administration. In general, administrative law seeks to
balance the competing interests of cost effective public administration and broader government
values. In a democratic country as is the case with Zambia, administrative law promotes public
participation in agency rule making, representation of stakeholders and other interest parties,
representativeness, transparency, fundamental fairness, effective supervision of administrative
operations and other democratic values. Administrative law plays a vital role in confining the
administration within their legal framework and ensuring that the principles of natural justice are
conformed with. On their own side, the administrative authorities are given various tasks to
execute in accordance the primary duty of each establishment, organization or body. In
discharging their duties, they are vested with wide powers some of which are discretionary but
must be exercised within the purview of the statute, byelaw or any legislation conferring such
powers on them.