SlideShare a Scribd company logo
1 of 3
ADMINISTRATIVE LAW
DEFINING ADMINISTRATIVE LAW
Before one proceeds to define Administrative Law, it should be keptin mind that to provide an accurate
and exact definition of Administrative Law is probably considered impossible due to the subject’s
complex and thorough nature. However, various efforts have been made to provide a working definition
of Administrative Law. Furthermore, another thing, which the reader ought to consider, is that these
definitions have alwaysbeenbasedonthe writer’s ownview andexperiences of Administrative Law.
Maitland
Maitlanddefines the subjectasthe one “dealingwiththe functions of publicbodies”.
Cane & McDonald
The definition of Administrative Law isdivided intotwocomponents:
“Any individual oranyinstitution shouldnotbe allowed toholdexcessive ortoomuchpower:
Those whoexercise powers shouldbe subjecttosome sortof external checks”.
Felix Frankfurter
Administrative Law is that body of law that deals “with the field of legal control exercised by the law –
administering agencies other than courts, and the field of control exercised by courts over such
agencies”.
Black’s Law Dictionary
The subject of Administrative Law is the “law governing the organisation and operation of administrative
agencies (including executive and independent agencies) and the relations of administrative agencies
withthe legislature, judiciary andthe public”.
Ivor Jennings
It isthe law “relatingtoadministration. Itdetermines the organisation, powers anddutiesof
administrativeauthorities”.tt
Davis
The Administrativelawis alawthat concernsthe powerandprocedure of the Administrationagencies,
especially the lawgoverningjudicial review of administrativeaction
Dicey British Constitutional Scholar
Portionof a nationlegal system whichdetermineslegalstatusandliabilitiesof all state officialsand
liabilitiesof private individualsintheirdealingwithofficials.
William Wade
He defines the subjectinthe followingmanner:
Administrative law is that body of law that deals with the supervision of governmental power. This is
precisely how the lawyers view this subject. Here, the governmental power is not that power which is
related to the Parliament but it is actually the powers exercised by the public bodies. In this context, the
powerspossess twounique attributesorcharacteristics:
The first attribute is that these powers are all subject to legal limitations or restrictions because there is
no concept of unfettered and absolute discretionary power. Had there been a concept of unfettered and
absolute discretionary power, the obvious resultwould be the abuse of power.
The second attribute, which unavoidably follows from the first, is that any power is capable of being
abused. For example, where a public authority has been granted the power to do any act as it sees fit,
the courts of law would declare that act to be a nullity in the eyes of law if it violates the principles of
natural justice. Another instance where the court would quash the act is the case when the act so done
exceeds the restrictions orlimitations setuponit.
Another way of defining administrative law, according to Wade, is to say that this body is comprised of
those principles or rules that administer the exercise of powers and duties of the public authorities. In
this perspective, this body of law deals with both the functions and the structure of public authorities.
However, the scope of the subject at present excludes the structure of the public authorities. The
present subject matter only deals with the manner in which those powers are exercised by public
authorities. For example, a principle of administrative law is to be followed where a person is being
dismissed from a public office, where his house is being pulled down, where his licence to carry out a
profession isbeingcancelled, etc.
In summary, the operation and control of administrative authorities being the chief purpose of
administrativelaw, the subjectdealswiththe followingquestions:
What sort of powers doesthe administration exercise?
What are the limitsof suchpowers?
What procedures does ithave tofollow inthe exerciseof those powers?
What are the waysin whichthe administration iskeptwithinthe above limits?and
What remedies are available tothe individualagainstthe illegal actionsof the administration?
PURPOSE OF THE SUBJECT
In the light of the above-mentioned definitions, particularly Wade’s definition of administrative law, it
becomes extremely vital to discuss the purpose of the subject at hand. The purpose of administrative
law is to protect the common citizen from the abuse of governmental power by employing a system of
checks and balances by defining the bounds to which the governmental authorities have to confine
themselves. Given the current background, it then also becomes necessary to determine what “abuse”
means. Abuse does not necessarily mean that there is an element of bad faith or malafide involved. On
many occasions, what comes about is that the governmental or public authorities make an error in
understanding their legal position and easily misinterpret the laws that they have to administer. It is for
that reason that it becomes vital to adopt a system, which is able to supervise these powers and their
abuse.
Furthermore, under the same head, another aim of administrative law is to ensure that the
governmental authorities carry out their functions efficiently. In cases of the authorities’ failure to carry
out their functions, it is also the goal of administrative law to coerce them into performance of their
duties. Thus, this body of law is responsible for dealing with both the positive and negative sides of
maladministration.
In addition, the spiritof administrative law revolves aroundthe judge-maderuleswhichare applicable
on the publicauthorities andwhich, accordingly, setthe guidelines thatthe governmental bodies have
to abide by.

More Related Content

What's hot

GROUNDS OF JUDICIAL REVIEW IN INDIA AND ENGLAND
GROUNDS OF JUDICIAL REVIEW IN INDIA AND ENGLANDGROUNDS OF JUDICIAL REVIEW IN INDIA AND ENGLAND
GROUNDS OF JUDICIAL REVIEW IN INDIA AND ENGLANDMritunjay Sengar
 
Evolution of judicial review in united states of america
Evolution of judicial review in united states of americaEvolution of judicial review in united states of america
Evolution of judicial review in united states of americaArushi Shrivastava
 
Critical Analysis of Dicey Rule of Law
Critical Analysis of Dicey Rule of LawCritical Analysis of Dicey Rule of Law
Critical Analysis of Dicey Rule of LawManish Kumar
 
Ll.b i j1 u 2 law and legislation
Ll.b i j1 u 2 law and legislationLl.b i j1 u 2 law and legislation
Ll.b i j1 u 2 law and legislationRai University
 
Separation of powers
Separation of powersSeparation of powers
Separation of powersraj kishor
 
Objective of-law-(eng)
Objective of-law-(eng)Objective of-law-(eng)
Objective of-law-(eng)Fakhrul Rozi
 
Chapter 01 Sources Of Law
Chapter 01   Sources Of LawChapter 01   Sources Of Law
Chapter 01 Sources Of LawRobin Kapoor
 
Nature functions and_classification_of_law
Nature functions and_classification_of_lawNature functions and_classification_of_law
Nature functions and_classification_of_lawJaseme_Otoyo
 
Montesquieu's Doctrine of Separation of Power
Montesquieu's Doctrine of Separation of PowerMontesquieu's Doctrine of Separation of Power
Montesquieu's Doctrine of Separation of PowerA K DAS's | Law
 
What is separation of powers and how is it ineffective in Pakistan?
What is separation of powers and how is it ineffective in Pakistan?What is separation of powers and how is it ineffective in Pakistan?
What is separation of powers and how is it ineffective in Pakistan?MashifMahboob
 
Basis of legal environment & court system
Basis of legal environment & court systemBasis of legal environment & court system
Basis of legal environment & court systemRajThakuri
 
Concept of constitution polsci slide
Concept of constitution polsci slideConcept of constitution polsci slide
Concept of constitution polsci slideQuenieMalingin
 
CUSTOM "Basic Elements to Establish as the valid source of Law"
CUSTOM "Basic Elements to Establish as  the valid source of Law"CUSTOM "Basic Elements to Establish as  the valid source of Law"
CUSTOM "Basic Elements to Establish as the valid source of Law"Chandra Shekhar Khadka
 
introduction to Nepalese business law
introduction to Nepalese  business law introduction to Nepalese  business law
introduction to Nepalese business law Nawal Badu
 
Sources Of Law
Sources Of LawSources Of Law
Sources Of Lawjaze223
 
Chapter 9.access to judicial review
Chapter 9.access to judicial reviewChapter 9.access to judicial review
Chapter 9.access to judicial reviewAPSU
 

What's hot (20)

GROUNDS OF JUDICIAL REVIEW IN INDIA AND ENGLAND
GROUNDS OF JUDICIAL REVIEW IN INDIA AND ENGLANDGROUNDS OF JUDICIAL REVIEW IN INDIA AND ENGLAND
GROUNDS OF JUDICIAL REVIEW IN INDIA AND ENGLAND
 
sources of law
sources of lawsources of law
sources of law
 
Evolution of judicial review in united states of america
Evolution of judicial review in united states of americaEvolution of judicial review in united states of america
Evolution of judicial review in united states of america
 
Critical Analysis of Dicey Rule of Law
Critical Analysis of Dicey Rule of LawCritical Analysis of Dicey Rule of Law
Critical Analysis of Dicey Rule of Law
 
Ll.b i j1 u 2 law and legislation
Ll.b i j1 u 2 law and legislationLl.b i j1 u 2 law and legislation
Ll.b i j1 u 2 law and legislation
 
Separation of powers
Separation of powersSeparation of powers
Separation of powers
 
Objective of-law-(eng)
Objective of-law-(eng)Objective of-law-(eng)
Objective of-law-(eng)
 
Chapter 01 Sources Of Law
Chapter 01   Sources Of LawChapter 01   Sources Of Law
Chapter 01 Sources Of Law
 
Nature functions and_classification_of_law
Nature functions and_classification_of_lawNature functions and_classification_of_law
Nature functions and_classification_of_law
 
Judicial Review Federalism Constitution
Judicial Review Federalism ConstitutionJudicial Review Federalism Constitution
Judicial Review Federalism Constitution
 
Montesquieu's Doctrine of Separation of Power
Montesquieu's Doctrine of Separation of PowerMontesquieu's Doctrine of Separation of Power
Montesquieu's Doctrine of Separation of Power
 
Business law ppt
Business law pptBusiness law ppt
Business law ppt
 
What is separation of powers and how is it ineffective in Pakistan?
What is separation of powers and how is it ineffective in Pakistan?What is separation of powers and how is it ineffective in Pakistan?
What is separation of powers and how is it ineffective in Pakistan?
 
Rule of law.ppt.
Rule of law.ppt.Rule of law.ppt.
Rule of law.ppt.
 
Basis of legal environment & court system
Basis of legal environment & court systemBasis of legal environment & court system
Basis of legal environment & court system
 
Concept of constitution polsci slide
Concept of constitution polsci slideConcept of constitution polsci slide
Concept of constitution polsci slide
 
CUSTOM "Basic Elements to Establish as the valid source of Law"
CUSTOM "Basic Elements to Establish as  the valid source of Law"CUSTOM "Basic Elements to Establish as  the valid source of Law"
CUSTOM "Basic Elements to Establish as the valid source of Law"
 
introduction to Nepalese business law
introduction to Nepalese  business law introduction to Nepalese  business law
introduction to Nepalese business law
 
Sources Of Law
Sources Of LawSources Of Law
Sources Of Law
 
Chapter 9.access to judicial review
Chapter 9.access to judicial reviewChapter 9.access to judicial review
Chapter 9.access to judicial review
 

Similar to introduction of administrative law

Admin concept and procedure
Admin concept and procedureAdmin concept and procedure
Admin concept and proceduremarco ray gleyo
 
administrative law.pptx
administrative law.pptxadministrative law.pptx
administrative law.pptxAryan879392
 
Administrative Law Notes.Pdf
Administrative Law Notes.PdfAdministrative Law Notes.Pdf
Administrative Law Notes.PdfKristen Carter
 
Exercise 9Regulatory ManagementAdministrative LawWH.docx
Exercise 9Regulatory ManagementAdministrative LawWH.docxExercise 9Regulatory ManagementAdministrative LawWH.docx
Exercise 9Regulatory ManagementAdministrative LawWH.docxSANSKAR20
 
Delegated legialation ppt by prity
Delegated legialation ppt by prityDelegated legialation ppt by prity
Delegated legialation ppt by prityPrityKumari49
 
Introduction Every Society has its own set of.pdf
Introduction Every Society has its own set of.pdfIntroduction Every Society has its own set of.pdf
Introduction Every Society has its own set of.pdfbkbk37
 
CHAPTER-2-POWER-babajshjjsjsjajaajs.pptx
CHAPTER-2-POWER-babajshjjsjsjajaajs.pptxCHAPTER-2-POWER-babajshjjsjsjajaajs.pptx
CHAPTER-2-POWER-babajshjjsjsjajaajs.pptxmariviclacaden7
 
2 constitutionalism lecture
2 constitutionalism lecture2 constitutionalism lecture
2 constitutionalism lectureAinnabila Rosdi
 
The Principle of Rule of Law and Islamic Jurisprudence
The Principle of Rule of Law and Islamic Jurisprudence The Principle of Rule of Law and Islamic Jurisprudence
The Principle of Rule of Law and Islamic Jurisprudence Qasdina Hj Bakar
 
LAW10050 Constitutional Law.docx
LAW10050 Constitutional Law.docxLAW10050 Constitutional Law.docx
LAW10050 Constitutional Law.docxstirlingvwriters
 
Federalist 51
Federalist 51Federalist 51
Federalist 51dficker
 
Administrative Law.pdf
Administrative Law.pdfAdministrative Law.pdf
Administrative Law.pdfPlutus IAS
 
Administrative Law In India
Administrative Law In IndiaAdministrative Law In India
Administrative Law In IndiaAngela Shin
 
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docx
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docxChapter Eighteen The Law of Administrative AgenciesIntroduction to.docx
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docxbissacr
 
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docx
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docxChapter Eighteen The Law of Administrative AgenciesIntroduction to.docx
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docxmccormicknadine86
 
The law Constitutional Law Lecture Notes
The law Constitutional Law Lecture NotesThe law Constitutional Law Lecture Notes
The law Constitutional Law Lecture Notesgetabelete
 

Similar to introduction of administrative law (20)

Admin concept and procedure
Admin concept and procedureAdmin concept and procedure
Admin concept and procedure
 
administrative law.pptx
administrative law.pptxadministrative law.pptx
administrative law.pptx
 
Administrative Law Notes.Pdf
Administrative Law Notes.PdfAdministrative Law Notes.Pdf
Administrative Law Notes.Pdf
 
What are Quasi-Judicial Bodies?
What are Quasi-Judicial Bodies?What are Quasi-Judicial Bodies?
What are Quasi-Judicial Bodies?
 
Exercise 9Regulatory ManagementAdministrative LawWH.docx
Exercise 9Regulatory ManagementAdministrative LawWH.docxExercise 9Regulatory ManagementAdministrative LawWH.docx
Exercise 9Regulatory ManagementAdministrative LawWH.docx
 
Introduction to ad law
Introduction to ad lawIntroduction to ad law
Introduction to ad law
 
Delegated legialation ppt by prity
Delegated legialation ppt by prityDelegated legialation ppt by prity
Delegated legialation ppt by prity
 
Introduction Every Society has its own set of.pdf
Introduction Every Society has its own set of.pdfIntroduction Every Society has its own set of.pdf
Introduction Every Society has its own set of.pdf
 
CHAPTER-2-POWER-babajshjjsjsjajaajs.pptx
CHAPTER-2-POWER-babajshjjsjsjajaajs.pptxCHAPTER-2-POWER-babajshjjsjsjajaajs.pptx
CHAPTER-2-POWER-babajshjjsjsjajaajs.pptx
 
2 constitutionalism lecture
2 constitutionalism lecture2 constitutionalism lecture
2 constitutionalism lecture
 
Administrative Law : Concept, Theories, Development
Administrative Law : Concept, Theories, DevelopmentAdministrative Law : Concept, Theories, Development
Administrative Law : Concept, Theories, Development
 
The Principle of Rule of Law and Islamic Jurisprudence
The Principle of Rule of Law and Islamic Jurisprudence The Principle of Rule of Law and Islamic Jurisprudence
The Principle of Rule of Law and Islamic Jurisprudence
 
Administrative law
Administrative lawAdministrative law
Administrative law
 
LAW10050 Constitutional Law.docx
LAW10050 Constitutional Law.docxLAW10050 Constitutional Law.docx
LAW10050 Constitutional Law.docx
 
Federalist 51
Federalist 51Federalist 51
Federalist 51
 
Administrative Law.pdf
Administrative Law.pdfAdministrative Law.pdf
Administrative Law.pdf
 
Administrative Law In India
Administrative Law In IndiaAdministrative Law In India
Administrative Law In India
 
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docx
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docxChapter Eighteen The Law of Administrative AgenciesIntroduction to.docx
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docx
 
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docx
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docxChapter Eighteen The Law of Administrative AgenciesIntroduction to.docx
Chapter Eighteen The Law of Administrative AgenciesIntroduction to.docx
 
The law Constitutional Law Lecture Notes
The law Constitutional Law Lecture NotesThe law Constitutional Law Lecture Notes
The law Constitutional Law Lecture Notes
 

More from Advocacy

Administrative Law
Administrative Law Administrative Law
Administrative Law Advocacy
 
Family law of islam
Family law of islam Family law of islam
Family law of islam Advocacy
 
Screening Test CCE- 2018
Screening Test CCE- 2018Screening Test CCE- 2018
Screening Test CCE- 2018Advocacy
 
All tenses
All tensesAll tenses
All tensesAdvocacy
 
Active and passive voice
Active and passive voice Active and passive voice
Active and passive voice Advocacy
 
Articles English Grammer
Articles English GrammerArticles English Grammer
Articles English GrammerAdvocacy
 
Voice English Grammer
Voice English GrammerVoice English Grammer
Voice English GrammerAdvocacy
 
Tense English Grammer
Tense English GrammerTense English Grammer
Tense English GrammerAdvocacy
 
Preposition English Grammer
 Preposition English Grammer Preposition English Grammer
Preposition English GrammerAdvocacy
 
Adverb English Grammer
Adverb English GrammerAdverb English Grammer
Adverb English GrammerAdvocacy
 
Verb English Grammer
Verb English GrammerVerb English Grammer
Verb English GrammerAdvocacy
 
Pronoun English Grammer
Pronoun English GrammerPronoun English Grammer
Pronoun English GrammerAdvocacy
 
Trademark (Intellectual Property Law)
Trademark (Intellectual Property Law)Trademark (Intellectual Property Law)
Trademark (Intellectual Property Law)Advocacy
 
Brief Private Law Remedies in Administrative Law
Brief Private Law Remedies in Administrative LawBrief Private Law Remedies in Administrative Law
Brief Private Law Remedies in Administrative LawAdvocacy
 
Private Law Remedies in Administrative Law
Private Law Remedies in Administrative LawPrivate Law Remedies in Administrative Law
Private Law Remedies in Administrative LawAdvocacy
 
Intellectual property law
Intellectual property lawIntellectual property law
Intellectual property lawAdvocacy
 

More from Advocacy (16)

Administrative Law
Administrative Law Administrative Law
Administrative Law
 
Family law of islam
Family law of islam Family law of islam
Family law of islam
 
Screening Test CCE- 2018
Screening Test CCE- 2018Screening Test CCE- 2018
Screening Test CCE- 2018
 
All tenses
All tensesAll tenses
All tenses
 
Active and passive voice
Active and passive voice Active and passive voice
Active and passive voice
 
Articles English Grammer
Articles English GrammerArticles English Grammer
Articles English Grammer
 
Voice English Grammer
Voice English GrammerVoice English Grammer
Voice English Grammer
 
Tense English Grammer
Tense English GrammerTense English Grammer
Tense English Grammer
 
Preposition English Grammer
 Preposition English Grammer Preposition English Grammer
Preposition English Grammer
 
Adverb English Grammer
Adverb English GrammerAdverb English Grammer
Adverb English Grammer
 
Verb English Grammer
Verb English GrammerVerb English Grammer
Verb English Grammer
 
Pronoun English Grammer
Pronoun English GrammerPronoun English Grammer
Pronoun English Grammer
 
Trademark (Intellectual Property Law)
Trademark (Intellectual Property Law)Trademark (Intellectual Property Law)
Trademark (Intellectual Property Law)
 
Brief Private Law Remedies in Administrative Law
Brief Private Law Remedies in Administrative LawBrief Private Law Remedies in Administrative Law
Brief Private Law Remedies in Administrative Law
 
Private Law Remedies in Administrative Law
Private Law Remedies in Administrative LawPrivate Law Remedies in Administrative Law
Private Law Remedies in Administrative Law
 
Intellectual property law
Intellectual property lawIntellectual property law
Intellectual property law
 

Recently uploaded

如何办理(GWU毕业证书)乔治华盛顿大学毕业证学位证书
如何办理(GWU毕业证书)乔治华盛顿大学毕业证学位证书如何办理(GWU毕业证书)乔治华盛顿大学毕业证学位证书
如何办理(GWU毕业证书)乔治华盛顿大学毕业证学位证书SD DS
 
如何办理威斯康星大学密尔沃基分校毕业证学位证书
 如何办理威斯康星大学密尔沃基分校毕业证学位证书 如何办理威斯康星大学密尔沃基分校毕业证学位证书
如何办理威斯康星大学密尔沃基分校毕业证学位证书Fir sss
 
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...Dr. Oliver Massmann
 
昆士兰科技大学毕业证学位证成绩单-补办步骤澳洲毕业证书
昆士兰科技大学毕业证学位证成绩单-补办步骤澳洲毕业证书昆士兰科技大学毕业证学位证成绩单-补办步骤澳洲毕业证书
昆士兰科技大学毕业证学位证成绩单-补办步骤澳洲毕业证书1k98h0e1
 
如何办理(Curtin毕业证书)科廷科技大学毕业证学位证书
如何办理(Curtin毕业证书)科廷科技大学毕业证学位证书如何办理(Curtin毕业证书)科廷科技大学毕业证学位证书
如何办理(Curtin毕业证书)科廷科技大学毕业证学位证书SD DS
 
FINALTRUEENFORCEMENT OF BARANGAY SETTLEMENT.ppt
FINALTRUEENFORCEMENT OF BARANGAY SETTLEMENT.pptFINALTRUEENFORCEMENT OF BARANGAY SETTLEMENT.ppt
FINALTRUEENFORCEMENT OF BARANGAY SETTLEMENT.pptjudeplata
 
如何办理新加坡南洋理工大学毕业证(本硕)NTU学位证书
如何办理新加坡南洋理工大学毕业证(本硕)NTU学位证书如何办理新加坡南洋理工大学毕业证(本硕)NTU学位证书
如何办理新加坡南洋理工大学毕业证(本硕)NTU学位证书Fir L
 
Good Governance Practices for protection of Human Rights (Discuss Transparen...
Good Governance Practices for protection  of Human Rights (Discuss Transparen...Good Governance Practices for protection  of Human Rights (Discuss Transparen...
Good Governance Practices for protection of Human Rights (Discuss Transparen...shubhuc963
 
Constitutional Values & Fundamental Principles of the ConstitutionPPT.pptx
Constitutional Values & Fundamental Principles of the ConstitutionPPT.pptxConstitutional Values & Fundamental Principles of the ConstitutionPPT.pptx
Constitutional Values & Fundamental Principles of the ConstitutionPPT.pptxsrikarna235
 
Test Identification Parade & Dying Declaration.pptx
Test Identification Parade & Dying Declaration.pptxTest Identification Parade & Dying Declaration.pptx
Test Identification Parade & Dying Declaration.pptxsrikarna235
 
John Hustaix - The Legal Profession: A History
John Hustaix - The Legal Profession:  A HistoryJohn Hustaix - The Legal Profession:  A History
John Hustaix - The Legal Profession: A HistoryJohn Hustaix
 
如何办理(UoM毕业证书)曼彻斯特大学毕业证学位证书
如何办理(UoM毕业证书)曼彻斯特大学毕业证学位证书如何办理(UoM毕业证书)曼彻斯特大学毕业证学位证书
如何办理(UoM毕业证书)曼彻斯特大学毕业证学位证书srst S
 
Key Factors That Influence Property Tax Rates
Key Factors That Influence Property Tax RatesKey Factors That Influence Property Tax Rates
Key Factors That Influence Property Tax RatesHome Tax Saver
 
如何办理提赛德大学毕业证(本硕)Teesside学位证书
如何办理提赛德大学毕业证(本硕)Teesside学位证书如何办理提赛德大学毕业证(本硕)Teesside学位证书
如何办理提赛德大学毕业证(本硕)Teesside学位证书Fir L
 
如何办理美国波士顿大学(BU)毕业证学位证书
如何办理美国波士顿大学(BU)毕业证学位证书如何办理美国波士顿大学(BU)毕业证学位证书
如何办理美国波士顿大学(BU)毕业证学位证书Fir L
 
VIETNAM – LATEST GUIDE TO CONTRACT MANUFACTURING AND TOLLING AGREEMENTS
VIETNAM – LATEST GUIDE TO CONTRACT MANUFACTURING AND TOLLING AGREEMENTSVIETNAM – LATEST GUIDE TO CONTRACT MANUFACTURING AND TOLLING AGREEMENTS
VIETNAM – LATEST GUIDE TO CONTRACT MANUFACTURING AND TOLLING AGREEMENTSDr. Oliver Massmann
 
Model Call Girl in Haqiqat Nagar Delhi reach out to us at 🔝8264348440🔝
Model Call Girl in Haqiqat Nagar Delhi reach out to us at 🔝8264348440🔝Model Call Girl in Haqiqat Nagar Delhi reach out to us at 🔝8264348440🔝
Model Call Girl in Haqiqat Nagar Delhi reach out to us at 🔝8264348440🔝soniya singh
 
POLICE ACT, 1861 the details about police system.pptx
POLICE ACT, 1861 the details about police system.pptxPOLICE ACT, 1861 the details about police system.pptx
POLICE ACT, 1861 the details about police system.pptxAbhishekchatterjee248859
 
Special Accounting Areas - Hire purchase agreement
Special Accounting Areas - Hire purchase agreementSpecial Accounting Areas - Hire purchase agreement
Special Accounting Areas - Hire purchase agreementShubhiSharma858417
 

Recently uploaded (20)

如何办理(GWU毕业证书)乔治华盛顿大学毕业证学位证书
如何办理(GWU毕业证书)乔治华盛顿大学毕业证学位证书如何办理(GWU毕业证书)乔治华盛顿大学毕业证学位证书
如何办理(GWU毕业证书)乔治华盛顿大学毕业证学位证书
 
如何办理威斯康星大学密尔沃基分校毕业证学位证书
 如何办理威斯康星大学密尔沃基分校毕业证学位证书 如何办理威斯康星大学密尔沃基分校毕业证学位证书
如何办理威斯康星大学密尔沃基分校毕业证学位证书
 
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...
 
昆士兰科技大学毕业证学位证成绩单-补办步骤澳洲毕业证书
昆士兰科技大学毕业证学位证成绩单-补办步骤澳洲毕业证书昆士兰科技大学毕业证学位证成绩单-补办步骤澳洲毕业证书
昆士兰科技大学毕业证学位证成绩单-补办步骤澳洲毕业证书
 
如何办理(Curtin毕业证书)科廷科技大学毕业证学位证书
如何办理(Curtin毕业证书)科廷科技大学毕业证学位证书如何办理(Curtin毕业证书)科廷科技大学毕业证学位证书
如何办理(Curtin毕业证书)科廷科技大学毕业证学位证书
 
FINALTRUEENFORCEMENT OF BARANGAY SETTLEMENT.ppt
FINALTRUEENFORCEMENT OF BARANGAY SETTLEMENT.pptFINALTRUEENFORCEMENT OF BARANGAY SETTLEMENT.ppt
FINALTRUEENFORCEMENT OF BARANGAY SETTLEMENT.ppt
 
如何办理新加坡南洋理工大学毕业证(本硕)NTU学位证书
如何办理新加坡南洋理工大学毕业证(本硕)NTU学位证书如何办理新加坡南洋理工大学毕业证(本硕)NTU学位证书
如何办理新加坡南洋理工大学毕业证(本硕)NTU学位证书
 
Russian Call Girls Service Gomti Nagar \ 9548273370 Indian Call Girls Service...
Russian Call Girls Service Gomti Nagar \ 9548273370 Indian Call Girls Service...Russian Call Girls Service Gomti Nagar \ 9548273370 Indian Call Girls Service...
Russian Call Girls Service Gomti Nagar \ 9548273370 Indian Call Girls Service...
 
Good Governance Practices for protection of Human Rights (Discuss Transparen...
Good Governance Practices for protection  of Human Rights (Discuss Transparen...Good Governance Practices for protection  of Human Rights (Discuss Transparen...
Good Governance Practices for protection of Human Rights (Discuss Transparen...
 
Constitutional Values & Fundamental Principles of the ConstitutionPPT.pptx
Constitutional Values & Fundamental Principles of the ConstitutionPPT.pptxConstitutional Values & Fundamental Principles of the ConstitutionPPT.pptx
Constitutional Values & Fundamental Principles of the ConstitutionPPT.pptx
 
Test Identification Parade & Dying Declaration.pptx
Test Identification Parade & Dying Declaration.pptxTest Identification Parade & Dying Declaration.pptx
Test Identification Parade & Dying Declaration.pptx
 
John Hustaix - The Legal Profession: A History
John Hustaix - The Legal Profession:  A HistoryJohn Hustaix - The Legal Profession:  A History
John Hustaix - The Legal Profession: A History
 
如何办理(UoM毕业证书)曼彻斯特大学毕业证学位证书
如何办理(UoM毕业证书)曼彻斯特大学毕业证学位证书如何办理(UoM毕业证书)曼彻斯特大学毕业证学位证书
如何办理(UoM毕业证书)曼彻斯特大学毕业证学位证书
 
Key Factors That Influence Property Tax Rates
Key Factors That Influence Property Tax RatesKey Factors That Influence Property Tax Rates
Key Factors That Influence Property Tax Rates
 
如何办理提赛德大学毕业证(本硕)Teesside学位证书
如何办理提赛德大学毕业证(本硕)Teesside学位证书如何办理提赛德大学毕业证(本硕)Teesside学位证书
如何办理提赛德大学毕业证(本硕)Teesside学位证书
 
如何办理美国波士顿大学(BU)毕业证学位证书
如何办理美国波士顿大学(BU)毕业证学位证书如何办理美国波士顿大学(BU)毕业证学位证书
如何办理美国波士顿大学(BU)毕业证学位证书
 
VIETNAM – LATEST GUIDE TO CONTRACT MANUFACTURING AND TOLLING AGREEMENTS
VIETNAM – LATEST GUIDE TO CONTRACT MANUFACTURING AND TOLLING AGREEMENTSVIETNAM – LATEST GUIDE TO CONTRACT MANUFACTURING AND TOLLING AGREEMENTS
VIETNAM – LATEST GUIDE TO CONTRACT MANUFACTURING AND TOLLING AGREEMENTS
 
Model Call Girl in Haqiqat Nagar Delhi reach out to us at 🔝8264348440🔝
Model Call Girl in Haqiqat Nagar Delhi reach out to us at 🔝8264348440🔝Model Call Girl in Haqiqat Nagar Delhi reach out to us at 🔝8264348440🔝
Model Call Girl in Haqiqat Nagar Delhi reach out to us at 🔝8264348440🔝
 
POLICE ACT, 1861 the details about police system.pptx
POLICE ACT, 1861 the details about police system.pptxPOLICE ACT, 1861 the details about police system.pptx
POLICE ACT, 1861 the details about police system.pptx
 
Special Accounting Areas - Hire purchase agreement
Special Accounting Areas - Hire purchase agreementSpecial Accounting Areas - Hire purchase agreement
Special Accounting Areas - Hire purchase agreement
 

introduction of administrative law

  • 1. ADMINISTRATIVE LAW DEFINING ADMINISTRATIVE LAW Before one proceeds to define Administrative Law, it should be keptin mind that to provide an accurate and exact definition of Administrative Law is probably considered impossible due to the subject’s complex and thorough nature. However, various efforts have been made to provide a working definition of Administrative Law. Furthermore, another thing, which the reader ought to consider, is that these definitions have alwaysbeenbasedonthe writer’s ownview andexperiences of Administrative Law. Maitland Maitlanddefines the subjectasthe one “dealingwiththe functions of publicbodies”. Cane & McDonald The definition of Administrative Law isdivided intotwocomponents: “Any individual oranyinstitution shouldnotbe allowed toholdexcessive ortoomuchpower: Those whoexercise powers shouldbe subjecttosome sortof external checks”. Felix Frankfurter Administrative Law is that body of law that deals “with the field of legal control exercised by the law – administering agencies other than courts, and the field of control exercised by courts over such agencies”. Black’s Law Dictionary The subject of Administrative Law is the “law governing the organisation and operation of administrative agencies (including executive and independent agencies) and the relations of administrative agencies withthe legislature, judiciary andthe public”. Ivor Jennings It isthe law “relatingtoadministration. Itdetermines the organisation, powers anddutiesof administrativeauthorities”.tt Davis The Administrativelawis alawthat concernsthe powerandprocedure of the Administrationagencies, especially the lawgoverningjudicial review of administrativeaction Dicey British Constitutional Scholar
  • 2. Portionof a nationlegal system whichdetermineslegalstatusandliabilitiesof all state officialsand liabilitiesof private individualsintheirdealingwithofficials. William Wade He defines the subjectinthe followingmanner: Administrative law is that body of law that deals with the supervision of governmental power. This is precisely how the lawyers view this subject. Here, the governmental power is not that power which is related to the Parliament but it is actually the powers exercised by the public bodies. In this context, the powerspossess twounique attributesorcharacteristics: The first attribute is that these powers are all subject to legal limitations or restrictions because there is no concept of unfettered and absolute discretionary power. Had there been a concept of unfettered and absolute discretionary power, the obvious resultwould be the abuse of power. The second attribute, which unavoidably follows from the first, is that any power is capable of being abused. For example, where a public authority has been granted the power to do any act as it sees fit, the courts of law would declare that act to be a nullity in the eyes of law if it violates the principles of natural justice. Another instance where the court would quash the act is the case when the act so done exceeds the restrictions orlimitations setuponit. Another way of defining administrative law, according to Wade, is to say that this body is comprised of those principles or rules that administer the exercise of powers and duties of the public authorities. In this perspective, this body of law deals with both the functions and the structure of public authorities. However, the scope of the subject at present excludes the structure of the public authorities. The present subject matter only deals with the manner in which those powers are exercised by public authorities. For example, a principle of administrative law is to be followed where a person is being dismissed from a public office, where his house is being pulled down, where his licence to carry out a profession isbeingcancelled, etc. In summary, the operation and control of administrative authorities being the chief purpose of administrativelaw, the subjectdealswiththe followingquestions: What sort of powers doesthe administration exercise? What are the limitsof suchpowers? What procedures does ithave tofollow inthe exerciseof those powers? What are the waysin whichthe administration iskeptwithinthe above limits?and What remedies are available tothe individualagainstthe illegal actionsof the administration?
  • 3. PURPOSE OF THE SUBJECT In the light of the above-mentioned definitions, particularly Wade’s definition of administrative law, it becomes extremely vital to discuss the purpose of the subject at hand. The purpose of administrative law is to protect the common citizen from the abuse of governmental power by employing a system of checks and balances by defining the bounds to which the governmental authorities have to confine themselves. Given the current background, it then also becomes necessary to determine what “abuse” means. Abuse does not necessarily mean that there is an element of bad faith or malafide involved. On many occasions, what comes about is that the governmental or public authorities make an error in understanding their legal position and easily misinterpret the laws that they have to administer. It is for that reason that it becomes vital to adopt a system, which is able to supervise these powers and their abuse. Furthermore, under the same head, another aim of administrative law is to ensure that the governmental authorities carry out their functions efficiently. In cases of the authorities’ failure to carry out their functions, it is also the goal of administrative law to coerce them into performance of their duties. Thus, this body of law is responsible for dealing with both the positive and negative sides of maladministration. In addition, the spiritof administrative law revolves aroundthe judge-maderuleswhichare applicable on the publicauthorities andwhich, accordingly, setthe guidelines thatthe governmental bodies have to abide by.