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Sources of Administrative Law
Sources of Administrative Law
governing administrative agencies. These sources vary by jurisdiction, but common ones include:
1.Constitutional Provisions:
- Many countries’ constitutions contain provisions that outline the powers, functions, and limitations
of administrative bodies. Constitutional law provides a foundational framework for the administrative
state.
2. Legislation:
- Statutes enacted by the legislature delegate powers to administrative agencies and define the scope
of their authority. Administrative law often originates from specific acts or codes granting agencies the
authority to create and enforce regulations.
3. Administrative Regulations:
- Regulations are rules created by administrative agencies to implement and interpret statutes. These
regulations have the force of law and provide details on how agencies carry out their functions.
- Courts play a crucial role in shaping administrative law through decisions that interpret statutes,
regulations, and constitutional provisions. Precedents set by judicial decisions contribute to the
development and evolution of administrative law.
5. Executive Orders:
- In some jurisdictions, executive orders issued by the head of state or government can establish
administrative policies and procedures. These orders often delegate authority to administrative agencies
to implement specific actions.
- Common law principles, developed through court decisions, can influence administrative law. For
instance, the principles of natural justice and procedural fairness are often considered in administrative
law cases.
- Customary practices within administrative agencies, as long as consistent with legal principles, can
contribute to the development of administrative law. However, such practices are subject to legal
scrutiny.
- Academic writings, textbooks, and legal commentaries contribute to the understanding and
interpretation of administrative law. They may not be legally binding but can serve as persuasive
authorities.
Understanding these diverse sources is crucial for comprehending the legal basis and principles that
govern administrative actions in a given jurisdiction.