Administrative law - definition, nature and scope

Definition:
Administrative law is a branch of public law that governs the activities of administrative agencies of the government. It includes rules, regulations, procedures, decisions, and orders created by these agencies to implement legislative intent. In essence, it regulates the exercise of powers and functions by public authorities, ensuring legality, accountability, and transparency in administrative actions.

Notable definitions:

Ivor Jennings: Administrative law is the law relating to the administration. It determines the organization, powers, and duties of administrative authorities.

Dicey: Administrative law refers to the portion of a nation’s legal system that defines the rights and liabilities of officials in public administration.

Nature of Administrative Law

1. Public Law: It deals with the relationship between administrative authorities and citizens, distinguishing it from private law.

2. Dynamic and Evolving: Administrative law adapts to the complexities of modern governance and changing societal needs.

3. Focus on Delegated Legislation: It emphasizes rules created by administrative bodies under delegated powers from the legislature.

4. Discretionary Powers: Recognizes the need for discretionary powers while ensuring they are exercised lawfully and fairly.

5. Judicial Control: Ensures accountability through judicial review and remedies like writs (mandamus, certiorari, etc.).

Scope of Administrative Law

1. Delegated Legislation: Governs the creation and application of rules by administrative agencies under statutory authority.

2. Administrative Adjudication: Includes quasi-judicial functions performed by tribunals and authorities, like resolving disputes or enforcing regulations.

3. Judicial Review: Ensures administrative actions conform to the Constitution, statutes, and principles of natural justice.

4. Public Accountability: Establishes mechanisms like ombudsmen, parliamentary oversight, and commissions to check administrative abuses.

5. Protection of Citizens' Rights: Provides remedies against unlawful administrative actions through courts, commissions, and other bodies.

6. Control Mechanisms: Covers the control of administrative powers, including legislative, executive, and judicial controls.

Conclusion

Administrative law bridges the gap between the functions of public administration and the rights of individuals. It ensures that administrative authorities operate within their legal boundaries, providing remedies for grievances and promoting the rule of law in public administration.

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