Administrative Law

Outline of the Topics

 Session 1
T1: An Introduction to Administrative Law
a) What is Administrative Law?
b) Why is Administrative Law needed?
c) The growth of Administrative Law
d) The relationship between Administrative Law and
Constitutional Law

T2: Rule of Law

a) Definition and salient principles
b) Relevance and importance in the field of public law
 Session 1
T3: Subsidiary Legislation and Its Control (1)
a) Definition
b) Forms of power to make subsidiary
legislation
c) The need for control of such powers
d) Judicial Control
 Session 2
(cont.) T3: Subsidiary Legislation and Its Control (2)
a) Legislative Control
b) Procedural Control

T4: Natural Justice and Procedural Fairness

a) Audi alterem partem
b) Nemo judex in causa sua
c) Development of the concept and the
Constitution
 Session 3
T5: Discretionary Powers and Their Control
a) Abuse of discretion
b) Non-exercise of discretion
c) CCSU: Reformulation of the Grounds of
Judicial Review – Illegality; Irrationality;
Procedural Impropriety; Proportionality
 Session 4
T6: Judicial Review of Administrative Actions
a) Definition
b) Purposes/Objectives, Scope and Nature
c) Basic Principles
d) Justiciable and Non-justiciable issues

T7: Order 53 of the Rules of Court 2012 – Procedure

of Application for Judicial Review
a) Procedure
b) Salient Features
 Session 5
T8: Ouster Clause
- Error of jurisdiction and error of law – the
effects of ouster clauses

T9: Locus standi and Public Interest Litigation

a) Definition
b) Evolution
 Session 5
T10: Remedies
a) Traditional remedies
b) Paragraph 1 of the Schedule to the Court of
Judicature Act 1964 – Additional powers of
the High Court
c) Moulding of relief / Consequential relief