Administrative law is the branch of public law that governs the activities of administrative agencies of government. It involves:

• The creation, organization, and powers of government agencies.

• The procedures they must follow.

• The scope of judicial review over their actions.

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Essentially, it ensures that government agencies act lawfully, fairly, and reasonably.

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Purpose

• Regulation: To regulate complex areas like environment, health, finance, and labor.

• Accountability: To hold administrative agencies accountable for their decisions.

• Efficiency: To allow agencies to make specialized decisions without overburdening the courts.

• Protection of Rights: To protect citizens from arbitrary or unfair administrative action.

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Sources of Administrative Law

1. Statutory Law: Laws passed by legislatures establishing agencies and their powers.

2. Constitutional Law: Framework setting limits on government power.

3. Delegated Legislation: Rules, regulations, and orders made by agencies under authority given by statute.

4. Judicial Decisions: Courts review agency actions to ensure legality and fairness.

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Key Concepts

• Delegated Powers: Agencies act on authority given by Parliament/Congress.

• Rulemaking (Regulations): Agencies create detailed rules to implement laws.

• Adjudication: Agencies resolve disputes and make decisions affecting rights (like social security benefits, licenses, etc.).

• Judicial Review: Courts can review agency actions for legality, fairness, and reasonableness.

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Principles of Administrative Law

• Legality: Agencies must act within their statutory powers.

• Natural Justice / Procedural Fairness:

  • Right to a fair hearing.

  • No bias (“nemo judex in causa sua”).

• Reasonableness: Decisions must be rational and not arbitrary.

• Proportionality: Actions should be proportionate to the intended aim.

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Types of Administrative Action

1. Quasi-legislative: Rulemaking or issuing regulations.

2. Quasi-judicial: Decisions affecting individual rights.

3. Ministerial: Routine administrative tasks.

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Remedies Against Administrative Action

• Appeals: To higher administrative authorities or tribunals.

• Judicial Review: To courts for ultra vires acts, illegality, procedural errors.

• Ombudsman: Complaints against maladministration.

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Importance

Administrative law ensures a balance between government efficiency and citizen protection. Without it, agencies could abuse powers; too much restriction could hinder government functions.

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