INTRODUCTION TO

ADMINISTRATIVE
LAW
SESSION ONE
 HISTORICAL BACKGROUND

There is no a unified form of administrative law, but the aspect existed long before the
20th century.
Even in the 19th century administrative law was developed in the US and today it is in
many phases of equal or greater importance (Edward L. Metzler, the growth of
administrative law,19 Marq. L. Rev. 209(1935).
From the 20th century on ward the ambit and scope of administrative law was widened
as legislative bodies created more government agencies to regulate the social,
economic and political sphere of human interaction.
Thus, the role of state has undergone a dramatic changes. It was transformed from
entirely dealing with sovereign functions (policing state) to be engaged with much
widen multinational tasks of controlling economy, education, health issues, production,
social welfare and so forth. (change of social and industrial life – Marq).
 CONT…

In England, in the late Victoria era (1837 – 1901), A.V Dicey was asked on the
status of Administrative law in England and retorted that “in England we know
nothing of administrative law; and we wish to know nothing”.
Dicey response shows his believe that administrative law (as he conceived it to
be on the continent) should have no place in the British constitution.
To the contrary, today it is generally acknowledged that administrative law not
only exists but it has existed for centuries, but that it has grown enormously in
scope and significance.
 CONT…

The actions of administrative authority may include rule making, adjudication

or enforcement of specific regulatory agenda.
It has been witnessed that text books and articles are regularly published and
widely disseminated, while Judges are assigned specifically to the
administrative courts to hear judicial reviews cases.
As a result of this complex nature of administrative process, it worth’s a vital
conviction for administrative law to be studied so that administrative
machinery could be controlled from the abuse of power entrusted to them by
statutes.
 DEFINITION OF ADMINISTRATIVE LAW

Initially, we must ask ourselves a basic question as to what is administrative

law?
Basically, there is no universal definition of administrative law applicable in
every jurisdiction. That is to say, different jurists came out with different
definition based on their perceptions and influence.
Some of them are too wide, as they include unnecessary inputs in the
definition. While others are too narrow, as they omit certain crucial
ingredients, which owing to the circumstances, they should have been
covered.
 SIR WILLIAM IVO JENNINGS (British Lawyer &
Academic, 1903 – 1965).

According to him, administrative law is relating to the administration. It

determines the organization, powers and duties of the administrative
authority.
Though this definition is widely accepted, it does not go without critics such
as:
a) It does not distinguish constitutional law and administrative law.
b) There is no mention of remedy in case of abuse.
c) It includes other aspect which does not fall in the ambit of
administrative law. E.g. town planning and public health issues.
PROF. A. V. DICEY (British jurist and Constitutional theorist, 1835
– 1922, )

Administrative law is a portion of national legal system which

determines the legal status and liability of all state officials which
define the rights and duties of private individuals in their dealing
with public officials, and which specify the procedure by which those
rights and liability are enforced.
It is too wide and influenced by system of deroit administrative.
It did no mention if remedy could be available in case of abuse.
PROF. SIR WILLIAM WADE (British scholar, 1918 –
2004)

Administrative law is the law relating to the control of the

governmental power. The primary object of administrative law is to
keep power of the government within their legal bounds, so as to
protect the citizens against their abuse.
a) It does not define the subject.
b) It does neither deals with powers and duties of administrative
authorities nor the procedure to be followed by them.
GAURAV AKRANI

Administrative law is a new branch of law that deals with the powers
of the administrative authorities, the manner in which powers are
exercised and the remedies which are available to the aggrieved
person when those powers are abused by the administrative
authorities.
THAKKERR

Administrative law is that branch of constitutional law which deals

with powers and duties of administrative authorities, the procedure
followed by them in exercising the powers and discharging the duties
and the remedies available to an aggrieved person when his rights are
affected by any actions of such authority.
N.B In your opinion, do you think why the last two definitions looked
alike?
 SCOPE OF ADMINISTRATIVE LAW

Administrative process has become an evil which must be accepted in all

progressive society, particularly in the welfare state where many schemes of
development have been developed and administered by the government.
The execution and implementation of these schemes may affect the rights of
citizens. Therefore, the main concern is how to reconcile welfare and the rights
of individuals.
Hence, administrative law intends to control governmental powers, the
powers which are normally derived from, duties imposed by, statutes law
(primary and subordinate); prerogatives; and legislation of various forms such
as treaties.
 CONT…
• In this context therefore, one key function of administrative law is to control
decision-making on the basis of these powers, whether at the level of central
government, at the level of devolved government, at the level of local
government or where other bodies such as the police make decision in relation
to individuals.
• It embodied general principles which can be applied to the exercise of the powers
and duties of administrative authority in order to ensure that the myriad of rules
and discretionary powers available to the executives and other public decision-
makers conform to the basic standard of legality and fairness.(oversee the internal
operation of administrative authorities). The ostensible purpose of these
principles is to ensure that, as well as the observance of the rule of law, there is
accountability, transparency and effectiveness in the exercise of powers in the
public domain.
 FUNCTIONS OF ADMINISTRATIVE
LAW

It has a control function. To check in respect of the unlawful exercise or abuse of
administrative powers.
 It can have a command function. By making administrative authority performs
their duties properly both statutory and discretionary.
 It embodied positive principles to facilitate sound administrative practice. For
example to ensure that the rule of natural justice or fairness are adhered to.
 It operate to ensure accountability and transparency toward authorities, including
participation by interested individual or parties in the process of government.
It may provide a remedy for grievance occasioned at the hand of public authority.
This may be achieved through judicial review or tribunal proceedings.
OBJECTIVE OF STUDING ADMINISTRATIVE LAW

The primary object of studying administrative law is to unravel the

way in which these administrative authorities could be rested within
the limit so that the discretionary powers conferred upon them may
not be transformed into arbitrary powers.
To protect the interest of the public as it interact with the
government, than the judiciary involvement is of the paramount.
 GENERAL CRITICS OF ADMINISTRATIVE LAW

It is a burden to the economy.

It is arbitrary.
It does not have a single mode of universal application (United
Kingdom and France).
It is an intrusion of freedom.
N.B What is your opinion and arguments in these aspects?
 CONCLUSION

One has to bear in mind that, this branch of law is exclusively

restricted for operation of administrative authorities. Hence
delegated legislations are termed to be the back born of the
administrative law.

END OF SESSION ONE

PSA-S. H. HASSAN
Class of Oct, 2020