Chapter One:Classification of Administrative Functions

CHAPTER ONE
CLASSIFICATION OF ADMINISTRATIVE FUNCTIONS
LEARNING OBJECTIVES
Upon completion of this chapter, you should be able to:
Explain the administrative functions
- Distinguish between legislative, executive, judiciary and quasi judicial
function.
- Discuss the significance of the classification of administrative functions.

1.1

CLASSIFICATION OF ADMINISTRATIVE FUNCTIONS

There are three types of bodies in the government which exercise three
separate powers:
a) Legislative body or Parliament
b) Executive body or administrative
c) Judiciary body
Nowadays, administrative body does not only exercise its traditional function
but also legislative and judiciary function. Discussion on these functions are
significant in order to know the relevant remedy to be granted or awarded to the
aggrieved party which normally depends on what is the function exercised by the
administrative.
1.2

ADMINISTRATIVE FUNCTIONS
Administrative function can be classified as follow:
1.2.1 Legislative function
This function relates to the administrative action in giving or interpreting
general regulation without reference to the specific cases. For instance, in making
delegated regulation or law, the court will not grant certiorari to invalidate the
implementation of this power.
Remedy= solution, treatment
Aggrieved party= upset, mistreated, people
Legislative= governmental
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Chapter One:Classification of Administrative Functions

1.2.2 Administrative function

It is a power which is other than legislative and judiciary.
Examples of this power are the implementation of law and regulations
and preservation of peace. In order to exercise this type of function,
administrator will give certain order or use general regulation based on
specific cases. The administrators action is free from any procedure unless the
statute had provided specific procedure to be followed. Upon exercising this
function, the administrator can use his discretionary power and is not required to
give reasoned decision.
1.2.3 Ministerial function
Upon exercising this type of function, the administrator should
exercise power within the law, follow the relevant procedure and decide
based on collective opinion. Examples of this function are registration of
birth and death and taxation. Mandamus will be granted by the court if the
administrator failed to exercise this function.
1.2.4 Judiciary function
Normally this function is owned by the court to settle the dispute in the
society and also to interpret the existing law. However, the administrator
nowadays also can exercise this function, which is known as quasi judicial. The
decision given by the administrator normally based on discretionary power and
also has to follow the principle of natural justice. Examples of this function are
revocation of licence, misconduct and so on. Generally, any action of the
administrator which can
infringe the individuals right
can be regarded as quasi
judicial action.

Can you differentiate one function from another? Maybe the

examples can help you.