An overview to the study of Administrative Law and ethics

1. OVERVIEW OF ADMINISTRATIVE
LAW AND ETHICS
MICHAEL GALUKANDE KIGANDA ChMC, PhD
CONSULTANT PUBLIC POLICY AND GOVERNANCE
UGANDA MANAGEMENT INSTITUTE
Email: mpgalukande@umi.ac.ug
Tel : +256774046206 / +256704926464

2. OBJECTIVES
• At the end of the presentation, participants shall be able to:
• Explain an overview to administrative law
• Discuss the sources of administrative law
• Discuss the justification for administrative law
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3. INTRODUCTION
• Administrative Law is the rules, orders, and decisions of central,
and local government agencies established to perform a specific
function.
• Administrative Law is that portion of law which determines the
organization, powers and duties of administrative authorities.
• Mr. M.J Fort of England defined administrative law for the first
time in the year 1929 in his book on administrative law stating
that administrative law is that portion of law which is traced in
rules, regulations, notifications, order, bye-laws, schemes,
circulars etc and are also implicitly found in the prerogatives
with an object to fulfill public law.
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4. INTRODUCTION
• The philosophy as to the role and function of the State has
undergone a radical change.
• The governmental functions have multiplied by leaps and
bounds
• The State is not merely a police state, exercising sovereign
functions, but as a progressive democratic State, seeking to
ensure social security and social welfare for the people,
regulates industrial relations, exercises control over
production, manufacture and distribution of essential
commodities, starts enterprises, tries to achieve equality for
all and ensures equal pay for equal work.
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5. DEFITIONS
• Several jurists have tried to define administrative law:
• As the law relating to the control of powers of the
government. The main object of this law is to protect
individual rights.
• Others as rules which are designed to ensure that the
administration effectively performs the tasks assigned to it.
• Yet others as laws aiming at ensuring governmental
accountability, and fostering participation by interested parties
in the decision- making process
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6. NATURE & SCOPE OF ADMINISTRATIVE
LAW
• The main object of the study of administrative law is to unravel
the way in which these administrative authorities could be kept
within their limits so that the discretionary powers may not be
turned into arbitrary powers.
• Kennith Culp Davis divided Admin law in three parts
• The powers vested in administrative agencies;
• The requirements imposed by law upon the exercise of those
powers; and
• Remedies available against unlawful administrative actions.
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7. SOURCES OF ADMIN LAW
• In few legal systems, there are laws laying down rules, principles
and procedures to be followed by administrative agencies.
• But even in absence of specific laws dealing with a particular
situation, certain fundamental rules, basic principles and
minimum requirements of law are well settled and all authorities
are bound to observe them.
• People affected by any action of an administrative authority have
rights to challenge such actions in an appropriate body or a court
of law. Other sources include:
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8. 1: AGENCY CREATION AND POWERS
• Public agencies are created with some specific powers to enable
them perform their functions
• Administrative Law requires an understanding of the agency’s:
• Enabling Legislation.
• The Type of Agency [Executive agencies and independent
regulatory agencies]
• Agency Powers vested in it and
• The Constitution.
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9. 2. ENABLING LEGISLATION
• Enabling legislation is a law passed by parliament to specify
the name, purposes, functions, and powers of administrative
agency.
• Administrative agencies may exercise only those powers that
parliament has delegated to them in enabling legislation.
• Through similar enabling acts, state legislatures create state
administrative agencies.
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10. 3. AGENCY POWERS AND THE CONSTITUTION
• Administrative agencies make legislative rules, or substantive
rules, that are as legally binding as laws that parliament passed.
• Administrative agencies are sometimes referred to as the “fourth
branch” of government.
• The Constitution authorizes delegating such powers to
administrative agencies.
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11. 4. ADMINISTRATIVE PROCESS
•Administrative process include three functions:
• Rulemaking.
• Investigation.
• Adjudication.
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12. 5. LIMITATIONS ON AGENCY POWERS
• All three constitutionally created branches of government
have some measure of control over administrative
agencies.
• The Administrative Procedures Act provides for judicial
review of most agency actions.
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13. 6. JUDICIAL CONTROLS
• A party seeking review must demonstrate standing to sue, there
must be actual controversy at issue, and have exhausted all possible
administrative remedies.
• Judicial review of agency action will frequently address whether
the agency has acted beyond its authority or failed to discharge
its responsibility.
• There are also legislations which provide for the establishment
of tribunals.
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14. JUDICIAL CONTROLS…
• For example, the constitution provides for the establishment
of national tribunals, industrial tribunals, tax appeals tribunals
and labour courts.
• There are other legislations for establishing special courts, but
all these legislations provide different procedures and different
powers for functioning of the tribunals.
• Therefore, for the purpose of attaining uniformity in
maintaining procedures and for prescribing powers, there is
need for administrative law.
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15. 7. EXECUTIVE CONTROLS
•Executive branch of government exercises control over
agencies through:
• President power to appoint officers, and
• President’s veto power.
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16. 8. LEGISLATIVE CONTROLS
• Parliament exercises controls over agencies powers by:
• Enacting and changing enabling legislation.
• Determining funding for the agency.
• Investigating agency actions.
• Freezing agency enforcement efforts before they take effect.
• Amending the Administrative Procedures.
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17. 9. PUBLIC ACCOUNTABILITY
• A number of pieces of legislation make agencies more
accountable through public scrutiny.
• Access to Information Act.
• Leadership Code Act.
• Public Procurement and disposal of Public assets Act
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18. JUSTIFICATION FOR ADMINISTRATIVE
LAW
• The functions that are discharged by the administrative
authorities differ from time to time depending upon the
changes in socio-economic conditions in any nation
• There is a radical change in the philosophy as to the role played
by the State.
• Government has not confined its scope to the traditional and
minimum functions of defense and administration of justice,
but has adopted the positive policy and as a welfare State has
undertaken to perform varied functions that require
administrative justice.
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19. JUSTIFICATION FOR ADMINISTRATIVE
LAW…
• Due to urbanization, Legislations are enacted to provide the
basic facilities and accordingly administrative authorities are
required to make rules and regulations, frame schemes for
effective infrastructure and facilities which ultimately lead to the
growth of administrative law.
• To meet Emergency Situations -Enacting legislations, getting
assent from the President is a lengthy process, whereas it is very
easy and quick to frame schemes and rules for meeting any
emergency situations that arise in a locality.
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20. JUSTIFICATION FOR ADMINISTRATIVE
LAW…
• The judicial system proved inadequate to decide and settle all types of
disputes.
• The legislative process was also inadequate. It had no time and technique
to deal with all the details.
• The administrative authorities can avoid technicalities and represent
functional rather than a theoretical and legalistic approaches to social
justice.
• The traditional judiciary is conservative, rigid and technical. It is not
possible for the courts to decide the cases without formality and
technicality.
• The administrative tribunals are not bound by the rules of evidence and
procedure and can take a practical view of the matter to decide complex
problems.18/05/2019 ADMIN LAW AND ETHICS/ DPAM GULU/ Dr MPK GALUKANDE 20

21. JUSTIFICATION FOR ADMINISTRATIVE
LAW…
• Administrative authorities can take preventive measures, e.g.
licensing, rate fixing, etc.
• Administrative authorities can take effective steps for
enforcement of the aforesaid preventive measures; e.g.
suspension, revocation and cancellation of licenses, destruction
of contaminated articles, etc
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22. THANK YOU FOR
PARTICIPATING
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