File Name: nature and scope of administrative law .zip
Administrative law is the law that governs the administrative actions.
Administrative law is also anxious about ensuring there will be an element of fairness operating in public decision making and generally ensuring proper administration. The motive of this writing is to discuss the nature and scopes of Administrative law and to find out how it can be differentiated from Constitutional law. Definition of Administrative Law — Administrative law manages with the legal control of the government and related administrative powers.
In other terms, we can define administrative law as the body of rules and regulations and orders and decisions created by administrative agencies of government. Administrative law is part of the division of law commonly referred to as public law, the law which regulates the relationship between the citizen and the state and which involves the exercise of state power.
So, it is a part of the legal framework for public administration. Public administration is the day-to-day implementation of public policy and public programs in areas as diverse as immigration, social welfare, defence, and economic regulation—indeed in all areas of social and economic life in which public programs operate. Administrative law consists of grievance respecting government action that adversely affects an individual.
Thus, administrative law involves determining the legitimacy of government actions. There is a two-fold analysis: the legality of the specific law itself and the legitimacy of particular acts purportedly authorized by the specific law.
Governments cannot perform any act by itself. Governments act through government officials who must take action within certain limitations. Thus, government officials must take action within the parameters or scope of such legislation which give their actions lawful authority.
These are lawful actions. If government officials take action outside the scope of their legal authority and individuals are affected by these acts, then the principles of administrative law provide individuals with the ability to seek judicial review of the administrative action and viable remedies for the wrongful acts. Nature and Scopes of Administrative Law — Administrative law determines the powers and duties of administrative authorities.
The significance of Administrative Law is on procedures for formal judgment based on the principles of Natural Justice and for rulemaking. Administrative law also resolves the nature and scope of the powers deliberated to the government official by the specific legislation.
Through legislation, the Parliament delegates specific powers as well as duties to government officials to enable them to act on behalf of the government. The Administrative law is concerned with the structure, functions and powers of the Administrative structures. It also states the methods and procedures which are to be followed by them during the course of remedies which are available to the persons whose rights and other freedoms are damaged by their operations.
Administrative law frames the rights and liabilities of private individuals in their dealings with public officials and also specifies the procedures by which those rights and liabilities can be enforced by those private individuals. It provides accountability in the administrative functioning. Also, there are prescribed laws and rules and regulations that guide and direct the internal administration relations like hierarchy, division of labour etc. General Principles of Administrative Law — In the administrative law context, the first step is to determine the legality or authority of the action by the government official.
This includes looking at the basis of the legal authority to act, that is, the specific law that gives that administrator the lawful authority to act. Constitutional law essentially deals with who has the ability to make laws. Administrative law is handled with the government officials who have been empowered by these laws to act. Particularly, if the law that empowered the government official to act was itself found to be unconstitutional, and therefore invalid, then any actions by the government official under that law will also be invalid.
This may affect a legal remedy for an individual adversely affected by this action. Natural justice is primarily applied in cases where there are no laws prescribed, here the individual has to be given an opportunity to be heard and the judgment is to be taken into consideration the specific facts and cases of the case and the judgment should be free from bias.
He believed that the Rule of Law requires the recognition of the predominance of the regular law as opposed to arbitrary or wide discretionary powers , equality before the law and that the constitution is the outcome of the ordinary law. In essence, therefore, the Rule of Law requires that there should be a government according to law and an avoidance of arbitrary action. Delegation of Powers — Delegation of powers from the legislators to administrators is necessary given the great importance of the business of government.
Due to the volume of decisions required, it is not possible for the Parliament to decide all issues in a country. Another important reason for the delegation of power is that laws by their very nature need to be broad since the wording of laws cannot encompass all specific and often changing circumstances that occur. Thus, the application of the law may require some aspect of discretion in order to apply to specific circumstances, and the laws themselves must set out criteria for the application of such discretion to ensure fairness and consistency.
Almost all laws passed by Parliament identify specific powers for various government entities or officials such as a cabinet, a specific minister or civil servant, or a judge. Giving the importance of the delegation of powers, Parliament has developed control guidelines for their own delegation of powers to administrators.
Characterization of Powers and Sub-Delegation of Powers — Characterization of the function of the legislative powers enables the determination of the scope of these powers and the duties they grant, and the procedures the delegate is required to follow to lawfully exercise these powers.
In turn, this determines the available remedies in court if the impugned act is found to be unlawful. Such a person government official is prohibited from sub-delegating these powers and duties to another person. By contrast, powers distinguished as administrative can be sub-delegated.
Characterization of Duties and Discretionary Powers — Another main principle of administrative law distinguishes between delegated powers that are duties that the delegate must perform and delegated powers that are discretionary in nature.
Some powers are mainly set out in the legislation with some discretionary feature to enable the delegate to apply the broad principle to specific circumstances. The rationale behind such discretionary powers includes the difficulty of providing a general rule that would apply to all circumstances; the difficulty in anticipating all possible factors for all situations; and the difficulty in ascribing weight of all factors in a broad legislation.
Examples of subordinate legislation include regulations, codes, and bylaws. In administrative law, it is mainly to determine the scope of discretion of public authority in order to examine the validity of their acts, especially given that discretionary powers are generally granted within specific limits.
Administrative Boards or Tribunals — Federal and provincial laws have expressly generated administrative boards or tribunals as decision-making bodies for a variety of areas. The underlying rationale is to make the governmental decision-making process more efficient and accessible to the general public. The balances for these decision-making bodies are provided by the provincial superior courts who oversee them by providing judicial review of the administrative actions of the boards and tribunals.
Administrative Remedies — In reviewing the legitimacy of a challenging act , if a court determines that the act was beyond the legal authority it has the following remedies available: declarations; injunctions; damages; statutory appeals to a court or another administrative section; or prerogative remedies. Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. Post Pagination Next Post Next. Like it?
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Explain the nature and scopes of Administrative law and distinguish it from Constitutional law. In , Norfolk County Council created a route for road by-pass. The Council refused to buy the house on the basis that its acquisition was not necessary for the construction of the by-pass. This decision taken by the council affected what would normally be regarded as fundamental rights or freedoms that is property right. This situation takes account of an exercise of power conferred by law but the question is that whether the decision maker had failed to act according to law in the sense of either having positively exceeded the mark of his or her legal authority or having negatively failed to exercise a power when the law intended it to be exercised. This type of issue gives us an idea about what administrative law is about, which is the legal regulation of exercising governmental power.
Administrative Law is a new branch of law that deals with the powers of the Administrative authorities, the manner in which powers are exercised and the remedies which are available to the aggreived persons, when those powers are abused by administrative authorities. The Administrative process has come to stay and it has to be accepted as a necessary evil in all progressive societies. Particularly in welfare state, where many schemes for the progress of the society are prepared and administered by the government. The execution and implementation of these programmes may adversely affect the rights of the citizens. The actual problem is to reconcile social welfare with rights of the individual subjects.
Administrative law is the by-product of the growing socio-economic functions of the State. The traditional functions of any State are defence, collection of revenue, maintenance of law and order, and administration of justice. Welfare State is a State besides performing functions of defence, collection of revenue, maintenance of law and order, and administration of justice also performs the functions of eliminate poverty and exploitation, promote literacy, provide employment, manufacture and distribute essential commodities, remove social and gender bias, provides education, run railway and postal services, prevents unfair and restrictive and unfair trade practices, protect human rights, protect the poor and disadvantaged, conserve environment and carry out all possible activities for welfare of its citizen. The administrative law is the most outstanding phenomena in the welfare state of today. Knowledge of administrative law is as important for the officials responsible for carrying on administration as for the students of law.
Administrative law is the law governing the Executive, to regulate its functioning and protect the common citizenry from any abuse of power.
In the modern times the states have undertaken multifarious functions which traditionally did not come within the areas of its operations, besides the functions relating to the maintenance of law and order , administration of justice , and protection of its people from aggression. The states have taken various schemes of development, planning and welfare activities affecting every walk of human life. In this process enormous powers had to be conferred on the government without which the objectives of welfare state could not have been achieved. Thus administrative law is the by — product of the growing socio — economic functions of the state and increased powers of the government. Administrative law is a branch of public law , which is concerned with various powers , duties, rights , and liabilities of the various organs of government which are engaged in public administration.
Administrative law is also anxious about ensuring there will be an element of fairness operating in public decision making and generally ensuring proper administration. The motive of this writing is to discuss the nature and scopes of Administrative law and to find out how it can be differentiated from Constitutional law. Definition of Administrative Law — Administrative law manages with the legal control of the government and related administrative powers. In other terms, we can define administrative law as the body of rules and regulations and orders and decisions created by administrative agencies of government. Administrative law is part of the division of law commonly referred to as public law, the law which regulates the relationship between the citizen and the state and which involves the exercise of state power.
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Administrative process es. Generally speaking, administrative law is the amalgamation of public laws i. American administrative law stretches back to the beginnings of the nation when in the First Congress of the United States drafted legislation that established the War Department, the Treasury Department, and the Department of Foreign Affairs and delegated to government officials the authority to undertake a wide variety of tasks including the determination of duties on imported goods, pensions for Revolutionary War soldiers, and the award of licenses to trade with indigenous people Skip to main content Skip to table of contents.
Автобус тронулся, а Беккер бежал за ним в черном облаке окиси углерода. - Espera! - крикнул он ему вдогонку. Его туфли кордовской кожи стучали по асфальту, но его обычная реакция теннисиста ему изменила: он чувствовал, что теряет равновесие.
Turista, - усмехнулся. И прошептал чуть насмешливо: - Llamo un medico. Вызвать доктора. Беккер поднял глаза на усыпанное родинками старческое лицо. - No, gracias. Estoy bien. Человек смерил его сердитым взглядом: - Pues sientate.
PRIME DIFFERENCE BETWEEN ELEMENTS RESPONSIBLE FOR HIROSHIMA AND NAGASAKI ГЛАВНАЯ РАЗНИЦА МЕЖДУ ЭЛЕМЕНТАМИ, ОТВЕТСТВЕННЫМИ ЗА ХИРОСИМУ И НАГАСАКИ - Это даже не вопрос! - крикнул Бринкерхофф. - Какой же может быть ответ. - Нам необходимо число, - напомнил Джабба. - Шифр-убийца имеет цифровую структуру. - Тихо, - потребовал Фонтейн и повернулся к Сьюзан.
Тот факт, что он работал рядом с самым влиятельным человеком во всем американском разведывательном сообществе, служил ему малым утешением. Он с отличием окончил теологическую школу Андовери колледж Уильямса и, дожив до средних лет, не получил никакой власти, не достиг никакого значимого рубежа. Все свои дни он посвящал организации распорядка чужой жизни.
Сигналы продолжались. Источник их находился где-то совсем близко. Сьюзан поворачивалась то влево, то вправо.
И у стен есть .
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