ADMINISTRATIVE LAW

ETHEL M. MASUMBA
LAW LECTURER
WHAT IS ADMINISTRATIVE LAW

 Administrative law (sometimes referred to as ‘public law’) is a body of law which has
developed principles which seek to ensure that public bodies act in a way which is legal,
reasonable and fair. It provides a way to challenge maladministration or the misuse or
abuse of power by a public body.
 Administrative law is a body of law created by administrative bodies or agencies in the
form of rules, regulations, orders, and decisions to carry out regulatory powers and duties
of such agencies.
 Administrative law is therefore concerned with the exercise of allocated power. The power
may be allocated by statute or delegated by statute e.g. the service commission under
the constitution, act for and on behalf of the president
 Administrative law determines the organization powers and functions of the
Administrative authorities. (Wade & Philips).
 It includes the matters relating to civil services, public departments, -public
corporations, local authorities and other statutory bodies exercising quasi-
Judicial functions and the law governing Judicial review of administrative
actions. As Jennings rightly points out ,the subject matter of administrative
law is "Public Administration".
 Administrative law has been further defined by V. D. Robson as “… a body of
law created by administrative agencies in the form of rules, regulations,
orders and decisions to carry out regulatory powers and duties of such
agencies.
Garner's definition is specific.
 Administrative law is
• i) a study of institutions and administrative process ,
• ii) the sources of governmental legal powers,
• iii) provisions or methods to deal with persons, grievances & appropriate
remedies,
• iv) the public corporations and
• v) administration of local government & general principles applicable to local
authorities.
CONTL

 public bodies must not act outside their powers - this involves ensuring both
that the person or body performing a function is the person or body with the
power to perform that function, and that the person or body does not exceed
the scope of the powers given to them;
 public bodies must exercise their powers in a lawful way - different
considerations arise depending on the circumstances, but broadly this can
involve ensuring that something done by a public body is reasonable, done for
a proper purpose, proportionate and procedurally fair, and that the public
body discharged its functions in a way that was impartial and took into
account all relevant considerations.
What is administrative hearing?

 Administrative law is not concerned with the merits of a decision, for

example whether a decision was a good one, or whether it was based on a
correct interpretation of the law. Rather, administrative law looks at the
process by which a decision was reached.
 There is a specific court procedure for challenging the lawfulness of
something done by a public body. The procedure is known as judicial review
and it enables a person to bring a court case to claim a specific legal remedy.
The remedies available in judicial review include a quashing order (to nullify
a decision taken by a public body), a prohibiting order or injunction (to
prevent a public body from doing something), a mandatory order (requiring a
public body to do something) and a declaration (to declare what the legal
position is).
 Administrative Law is therefore concerned with:
 A- Acting wrongly:
 (i) error of law and errors of fact
 (ii) using powers for the wrong purpose
 (iii) Relevant and irrelevant considerations in decision making
 (iv) Acting in bad faith
 B- Failing to Act:
 (i) fettering discretion
 (ii) taking irrelevant considerations into account
 (iii) unauthorized delegation
 (iv) failure to Act
 C- Procedural impropriety Under Statute
 (i) Breach of Natural Justice
 (ii) financial bias $ other biases
 (iii) Uncertainty in the test of bias. The right to a fair hearing “audi alteram
partein” Judicial, quasi-judicial and administrative functions.
ADMINISTRATIVE AUTHORITIES

 Paul Jackson and Patricia Leopold defined Administrative Authorities as

Ministers in Central Government, government departments, local government,
Public Corporations (such as electricity, water, sewerage, and telephones),
Civil Servants in Central government and local government.
 Administrative authorities means the elected or appointed officials or board
having jurisdiction over a function or activity
 Administrative authorities means the departments or local public agencies e.
ministry of Health, councils, Zambia police, Anti-corruption commission, DEC
e.t.c
 In Zambia, the National Assembly, the body bestowed with legislative power
in the nation, on behalf of government passes numerous statutes that
establish the authorities on which it confers powers necessary for their
instituting functions relating to such matters as Public Health, education,
transport, energy, planning, housing, water, electricity, communication etc.
 Among these Administrative authorities in Zambia are public authorities. E.g
ZESCO

 What is the importance of having a public corporation for the purposes of

administrative law?
What is administrative hearing

Administrative Hearing:
 Is a proceeding before an administrative agency consisting of argument or
trial or both.
 Procedural rules are more relaxed at such hearings as contrasted with civil
and criminal trial, e.g. rules governing admissibility of evidence are usually
quite liberal
 The administrative hearing process is similar to being in court for a trial.
 However, an administrative hearing involves disputes under the authority of
governmental agencies.
 What do you think is the nature of Administrative Law?
NATURE OF ADMINISTRATIVE LAW

 Administrative law mainly deals with the powers & duties of administrative
authorities, and the various remedies available to affected persons.
 Under welfare state, there is a tremendous increase in state activities in keeping
with the technological & scientific developments.
 As Roland says "before the days of the Automobile, there was no need for
policeman to direct traffic", because there was no traffic! With the increase in
State activities, grew the necessity to exercise powers: the administrative &
executive powers were enlarged, delegated legislation also developed in the form
of rules, regulations bye-laws, notifications etc.
 Administrative Tribunals started exercising Judicial functions to resolve disputes.
 The Administrative authorities are empowered with discretionary powers. If these
are properly used, there will be the welfare state,. If abused there will be
totalitarian state (Lord Denning).
NATURE OF ADMINISTRATIVE LAW

 Branch of Public Law: Administrative law is a branch of public law that focuses on the legal principles and
rules governing the activities of administrative agencies. These agencies are established by the government
to administer and implement laws and policies in various areas such as taxation, healthcare, transportation,
environment, and more.
 CAN A POLITICAL PARTY BE SUBJECTED TO ADMINISTRATIVE LAW? See the case of Ludwig Sondashi v
Brigadier General Miyanda (Sued as Secretary-General of the Movement for Multi-Party Democracy
(MMD) 4 the Supreme Court of Zambia
 Regulates Administrative Agencies: Administrative law defines the organization, powers, functions, and
procedures of administrative agencies. It sets out the legal framework within which these agencies operate,
ensuring that they act within their delegated authority and in accordance with the law.
 Balancing Power: Administrative law seeks to strike a balance between the need for administrative
efficiency and the protection of individual rights and freedoms. It aims to prevent abuse of power by
administrative agencies while allowing them the necessary authority to carry out their functions effectively.
 Rule-Making and Rule Application: One of the central aspects of administrative law is the process of rule-
making by administrative agencies. These agencies have the authority to create rules and regulations to
implement statutes and policies. Administrative law also governs the application of these rules, ensuring
fair and consistent decision-making.
 Dispute Resolution: Administrative law provides mechanisms for resolving
disputes between individuals and administrative agencies. It typically involves
administrative tribunals or specialized courts that have jurisdiction to hear
and decide on administrative matters. These bodies offer an alternative to
traditional courts and provide expertise in the subject matter of the disputes.
 Substantive Standards: Administrative law establishes substantive standards
that guide administrative decision-making. These standards require agencies
to consider relevant factors, weigh competing interests, and make decisions
that are rational, fair, and consistent with the underlying purpose of the
legislation.
SCOPE OF ADMINISTRATIVE LAW

 Judicial Review: One of the key features of administrative law is judicial

review. It allows courts to review the legality and validity of administrative
actions, decisions, and regulations. Courts assess whether administrative
agencies have acted within their authority, followed fair procedures, and made
decisions that are reasonable and consistent with the law.
 Administrative Procedures: Administrative law sets out the procedures that
administrative agencies must follow when making decisions or taking actions
that affect individuals. These procedures often include notice requirements,
opportunities for hearings, and the right to present evidence and arguments.
 Substantive Standards: Administrative law establishes substantive standards
that guide administrative decision-making. These standards require agencies to
consider relevant factors, weigh competing interests, and make decisions that
are rational, fair, and consistent with the underlying purpose of the legislation.
SCOPE OF ADMIN. LAW

 Accountability and Transparency: Administrative law aims to promote

accountability and transparency in the functioning of administrative agencies.
It requires agencies to provide reasons for their decisions, disclose relevant
information, and allow affected individuals to participate in the decision-
making process.
 Remedies: Administrative law provides remedies for individuals aggrieved by
administrative actions. These remedies may include appeals, judicial review,
and the power of courts to set aside or modify administrative decisions that
are found to be unlawful or unreasonable.
CONCLUSION

 Administrative law plays a crucial role in ensuring that administrative

agencies operate within the bounds of the law, respect individual rights, and
promote good governance. It balances the need for effective administration
with the principles of fairness, accountability, and the rule of law.
THE END