The document is a course synopsis for Administrative Law & Accountability, outlining key concepts such as law, justice, the separation of powers, and citizens' rights in Pakistan. It discusses various definitions of law, distinctions between natural and legal justice, and the differences between civil and criminal justice. The course aims to provide a comprehensive understanding of judicial actions, administrative adjudication, and the philosophical underpinnings of law.

1. ADMINISTRATIVE LAW & ACCOUNTABILITY

2. Course Synopsis
In this course you will be able to understand the concept of:
– law and Justice
– the basic principles that govern review of administrative action by courts and
tribunals
– the critical analysis of Judicial system
– pillars of state
– sources of legislation
– delegated Legislation
– administrative Adjudication
– constitution and its subjects
– basic rights of the citizens of Pakistan

3. Learning Outcomes
This course is designed to provide learners an opportunity to engage in a scholarly and
reflective analysis of the issues involved in cases coming before the Courts more recently. These
issues will be examined both from theoretical and practical dimensions.

4. About today’s lecture
This lecture carries the main objectives which are to be discussed in this course; primarily:
o the phenomena of Law
o justice and Constitution will be discussed
Secondly;
o the separation of powers between the three pillars of state
o delegated legislations and basic rights of the citizens of Pakistan will also be a part of this
course
o before the philosophical definition of law, lets Identify what is the meaning of term
philosophy

5. What is Law?
Austin’s definition of law:
About Austin:
John Austin is a renowned British jurist of 19th Century. He published extensively on the philosophy of law. He was Professor of
Jurisprudence in the University of London (now University College London) 1826-33. His book: “the Province of Jurisprudence
Determined was very popular.
“LAW IS THE COMMAND OF THE SOVEREIGN”
Command =Order
Sovereign = Ruler
Thus it may be stated that law is the order of the ruler
“LAW IS THE RIGHT OF ONE, OBLIGATION OF THE OTHER, MAINTAINED BY LAW ENFORCING AUTHORITY’
Right = sheltered and recognized interest
Obligation =duty
Maintained =managed
Enforcing authority = implementing power

6. It can be stated that law is the sheltered and recognized interest of one, duty of the other managed
and controlled by law implementing power
Additional information:
‘Kinds of sovereign’:
(1) de-jure sovereign =Constitutional ruler
(2) (2) de-facto sovereign =Unconstitutional ruler
Aristotle defines constitution as,
“A CONSTITUTION DENOTES NOT ONLY AN ARRANGEMENT OF OFFICE, BUT, A MANNER OF LIFE”

7. Aristotle’s definition of law:
“LAW IS THE EXPERIENCE, DEVELOPED BY REASON AND REASON, TESTED BY EXPERIENCE”
Experience =knowledge
Reason = rationale
Tested = checked
Thus it may be stated that,
“LAW IS THE KNOWLEDGE, DEVELOPED BY RATIONALE AND RATIONALE, CHECKED BY KNOWLEDGE”
Classical definition of law:
LAW IS THE ‘DISPASSIONATE REASON’ AND ITS CONTENT IS THE SAME AS THAT OF MORALITY
Dispassionate =unemotional
Reason = rationale
Content =substance

8. Why laws are made?
■ To regulate human actions
Who makes laws?
■ Laws are made by super human wisdom. In modern political state they are made by
Parliament
What is the advantage of law?
■ The supreme advantage of law is peace and harmony. Law governs both the ruler
and the ruled

9. What is justice?
“JUSTICE MEANS EVERY MAN IS GIVEN HIS LEGAL RIGHT”
“Justice is an ideal like truth just as a sculptor tries to achieve beauty with his mallet
and chisel, so law is the tool of a judge in the pursuit of justice.”
Ideal =model
Beauty =splendour or Prettiness
Mallet =hammer
Chisel =shape
Tool =instrument
Pursuit =search
Thus justice is a model like truth just as a sculptor tries to achieve prettiness with his
hammer and a shape so law is the instrument of a judge in the search of justice.

10. What are the kinds of Justice?
Justice is of following two kinds:
(1) Natural justice: deals with the enforcement of rights and punishments of wrongs according
to moral standards as appeal to the mind of human being. It stands independent of
recognition by state
(2) Legal justice: Natural justice Legal justice denotes justice according to what the law
declares to be just (=right)
Legal justice may be divided in to the following two kinds:
(a) Private justice: this is what the person whose right is violated wants from the counter party
(b) Public justice: this is what a plaintiff demands and receives from the community through
court if his counter parties have denied him personal justice

11. Kinds of Public Justice
Following are the two kinds of public justice:
(a) Civil justice
(b) Criminal justice

12. Point of Difference Civil Justice Criminal Justice
Nature of Wrong
Wrong =breach of one’s legal
duty
Nature =character
Civil justice is dispensed for
private wrongs
Private wrong =breach of right of
individual
Dispense =to give out
Criminal justice is dispensed for
public wrongs
Public wrong =breach of right of
community
Dispense =to give out
Purpose The purpose of civil justice is to
compensate the aggrieved party.
Compensate =reimburse
The purpose of criminal justice is
to punish the offenders
Offenders =wrong doers
Punish = penalize
Procedure For civil justice civil procedure is
adopted
For criminal justice criminal
procedure is adopted
Nature of Court Civil justice is administered by
Civil Courts
Criminal justice is administered
by Criminal Courts
Degree of Harmfulness Civil wrongs are relatively less
harmful for the society
Criminal wrongs are relatively
more harmful for the society

13. Point of Difference Civil Justice Criminal Justice
Style of Titling Civil cases are titled as Bashier
Hussan versus Nazier Akhtar
Criminal cases are titled as State
versus Bashier Hussain
Relevant Procedural Code The relevant procedural Code is
‘The Civil Procedure Code, 1908.
The relevant procedural code is
‘The Criminal Procedure Code,
1898.
Prosecution In civil justice, government does
not prosecute the case
In criminal justice, government
prosecutes the case
Measuring the liability In civil cases in determining the
liability, the following factors are
irrelevant:
(1) Motive
(2) Intention
(3) Magnitude of the offense
(4) Character of the offender
Criminal liability is measured by
keeping the following in view:
(1) Motive
(2) Intention
(3) Magnitude of the offense
(4) Character of the offender