Prepared by Paul Mukiibi

DEPARTMENT OF LAW AND CONTINUING LEGAL EDUCATION

DIPLOMA IN LAW COURSE

KAMPALA AND MBARARA CAMPUS

COURSE TITLE: ADMINISTRATIVE LAW

LECTURER (S):

Paul MUKIIBI (Head, Department of Law Reporting, Research and

Law Reform & Professional Advisor, LDC)

COURSE LEADER: Mr. Precious B. NGABIRANO (Head, Department of

Law & Continuing Legal Education & Professional Advisor, LDC)

TOPIC 01: Introduction to Administrative Law

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TOPIC 01: INTRODUCTION AND DEFINITION OF ADMINISTRATIVE LAW

CONTENTS
1.0 Course Aims
2.0 Course Objectives
3.0 Introduction
4.0 Topic Objectives
5.0 Main Content
5.1 Definition and Nature of Administrative Law
5.2 Purpose of Administrative Law
6.0 Conclusion
7.0 Summary
8.0 Revision Questions
9.0 References/Further Reading

1.0. COURSE AIMS

The aims are to help you understand basic principles and concepts in administrative law. The
broad aims are to:
 introduce you to administrative law, administrative process, its definition, nature, scope,
as well as the sources or powers of the administrative process as it relates to
constitutional law and its principles;
 equip you with basic topics in administrative law such as local government system,
functions and delegated legislation, its control, its occupies in any administrative system,
and how its use or mis-use can affect the workings of a governmental administrative
system;
 examine the administrative Panels and Tribunals of enquiries in countries, the extent of
their independence and the rights of appeal from the tribunals as well as judicial review
applicable in the systems; and
 expose you to the work of Public Complaints Commission/Ombudsman, actions and
proceedings against government, the doctrine of locus standi and administrative and
prerogative remedies available to citizens.
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2.0. COURSE OBJECTIVES

To achieve the aims set out above, this topic has broad objectives. In addition, each topic also
has specific objectives. The topic objectives are at the beginning of each topic. I advise that you
read them before you start working through the topic. You may refer to them in the course of the
topic to personally monitor your progress.

At the end of this topic, you should be able to:

 Define administrative law
 Understand clearly the basic purpose of administrative law and analyse the way such
purpose is attained.
 Describe the similarities and differences between administrative law and other concepts.
 Explain the place of administrative law in ensuring rule of law and enforcement
of human right.

3.0. INTRODUCTION
All aspects of human endeavour must be administered well for a successful outcome. Likewise,
the affairs of the society generally and sectionally must be administered well to record an
economic and political achievement. The section that is responsible for this is the executive arm
of government of the country. To curb the arbitrary use of power of this highly essential part of
the system, there is the need for a law to define its role, the limitation of its powers, the action,
remedies against the arbitrary use of its powers, and so on. This law is called administrative
law. Thus, in this topic, we shall try to define what administrative law and process mean.

4.0. TOPIC OBJECTIVES

At the end of this topic, you should be able to:
 define administrative law
 define administrative process
 explain the Administrative function of Government and its Institutions
 explain the scope of administrative law.

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5.0. MAIN CONTENT

5.1. Definition and Nature of Administrative Law
There is no universally accepted method of defining administrative law. Different authors have
propounded different definitions to the term “administrative law.” According to Osborn’s law
Dictionary (quoting Dicey) “administrative law is the law relating to the organisation, powers
and duties of administrative authorities.”

Austin has defined administrative Law, as the law, which determines the ends and modes to
which the sovereign power shall be exercised. In his view, the sovereign power shall be
exercised either directly by the monarch or directly by the subordinate political superiors to
whom portions of those are delegated or committed in trust.

In his famous book―Introduction to American Administrative Law 1958, Bernard

Schwartz has defined Administrative Law as “the law applicable to those administrative
agencies which possess of delegated legislation and adjudicatory authority.

H. W. R. Wade in his book “Administrative Law,” eighth edition, argued that administrative law
is concerned with the operation and control of the power of administrative authorities with
emphasis on functions rather than structure. He went further, stating that: “Administrative law
is the law relating to the control of governmental powers.”

Sir Ivor Jennings (1959) defines Administrative Law as: “the law relating to administration. It
determines the Organization, powers and duties of administrative Authorities.”

Criticisms of this definition

Even though this is perhaps, the most widely accepted definition of administrative law, it is not
without its attendant criticism. According to Massey, there are some difficulties associated with
this definition.

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Firstly, it does not distinguish administrative law from constitutional law. It lays entire emphasis
on the organization, power, and duties to the exclusion of the manner of their exercise. In other
words, this definition does not give due regard to the administrative process, i.e., the manner of
agency decision making, including the rules, procedures and principles it should apply.

According to Oluyede, P.A. (1988), “Administrative law means that branch of our law which
vests powers in administrative agencies, imposes certain requirements on the agencies in the
exercise of the powers and provides remedies against wrongful administrative acts.”

According to Wade and Bradley (1985), “Administrative law is a branch of the public law which
is concerned with the composition, powers, duties, rights and liabilities of the various organs of
government which are encouraged in administration. Or more concisely, the law relating to
public administration”.

Egwummuo (2000) defines Administrative Law as “that branch of public law which aims at
indicating the rights of the citizen against attacks (intentionally or inadvertently) emanating from
government or its agencies”. (Page 1)

Administrative law, according to B. O. Iluyomade and B. U. Eka in their book “Cases and
Materials on Administrative Law’’ is “that body of rules, which aim at reducing the areas of
conflict between the administrative agencies of the State and the individual.”

To P.A. Oluyede, administrative law means that branch of the law, which vests powers in
administrative agencies, imposes certain requirements on the agencies in the exercise of the
powers and provides remedies against unlawful use of those powers.”

According to Peter Leyland and Gordon Anthony:

It is regarded as the area of governmental powers, which originate in primary legislation or in the
prerogative. It embodies general principles which can be applied to the exercise of the powers
and duties of authorities in order to ensure that the myriad of rules and discretionary powers
available to the executive conform to basic standards of legality and, fairness.
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MASSEY gives a wider and working definition of administrative law in the following way:
Administrative law is that branch of public law which deals with the organization and powers
of administrative and quasi administrative agencies and prescribes the principles and the
rules by which an official action is reached and reviewed in relation to individual liberty and
freedom.

From this and the previous definitions we may discern that the following are the concerns of
administrative law;

a) It studies powers of administrative agencies.

b) The nature and the extent of such power is relevant to determine whether any
administrative action is ultra vires or there is an abuse of power.
c) It studies the rules, procedures and principles of exercising these powers.
d) It studies the controlling mechanism of power. Administrative agencies while exercising
their powers may exceed the legal limit abuse their power or fail to comply with
the minimum procedural requirements.
e) Administrative law studies control mechanism like legislative & institutional control and
control by courts through judicial review.
f) Lastly it studies remedies available to aggrieved parties whose rights and interests may be
affected by unlawful and unjust administrative wrongs. Mainly it is concerned with
remedies through judicial review, such as certiorari, mandamus, injunction and habeas
corpus.

It is crystal clear from the various definitions above, and as earlier pointed out, that there is no
comprehensive definition of administrative law, and that it only depends on the view point of the
person defining.

Dicey in 19th century defines it as;

Firstly, portion of a nation‘s legal system which determines the legal statues and
liabilities of all State officials.
Secondly, defines the rights and liabilities of private individuals in their dealings
with public officials.
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Thirdly, specifies the procedure by which those rights and liabilities are enforced.
However, two important facts should be taken into account in an attempt to understanding and
defining of administrative law.
From the above views, we note the following;
Firstly, administrative law is primarily concerned with the manner of exercising
governmental power. The decision making process is more important than the decision itself.
Secondly, administrative law cannot fully be defined without due regard to the functional
approach. This is to mean that the function (purpose) of administrative law should be the
underlying element of any definition. Bearing in mind these two factors, let us now try to analyze
some definitions given by some scholars and administrative lawyers.
These definitions by different authors confirm the fact that there is no single definition of
the subject; all definitions depend on the semantic, background and personal idiosyncrasies of
the writers. Generally, notwithstanding the problem associated with finding a single definition of
the subject, it is a branch of law that aims at keeping the powers of government within the
citizen against their abuse, and where abused, to provide remedy to the aggrieved citizen.
Administrative Law therefore refers to the body of rules and regulations that relate to the
administration of a state or nation. Administrative Law deals with issues of powers and duties of
administrative functionaries, charged with the responsibilities of state governance.
Administrative Law embodies regulations which relate to the exercise of powers and spells out
remedies for aggrieved citizens who feel abused by the exercise of administrative powers by
public authorities.

5.2 Purpose of Administrative Law

There has never been any serious doubt that administrative law is primarily concerned with the
control of power. With the increase in level of state involvement in many aspects of
everyday life during the first 80 years of the twentieth century, the need for a coherent and
effective body of rules to govern relations between individuals and state became essential. The
20th century saw the rise of the regulatory state and a consequent growth in administrative
agencies of various kinds engaged in the delivery of a wide variety of public programs under
statutory authority. This means, in effect, the state nowadays controls and supervises the lives,
conduct and business of individuals in so many ways. Hence controlling the manner of
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exercise of public power so as to ensure rule of law and respect the right and liberty of
individuals may be taken as the key purpose of administrative law. Administrative law
embodies general principles applicable to the exercise of the powers available to the
executive conform to basic standards of legality and fairness. The ostensible purpose of these
principles is to ensure that there is accountability, transparency and effectiveness in
exercising of power in the public domain as well as the observance of rule of law.

Peer Leyland and Tery Woods have identified the following as the underlying purposes of
administrative law.
a) It has a control function, acting in a negative sense as a brake or check in
respect of the unlawful exercise or abuse of governmental/administrative power.
b) It can have a command function by making public bodies perform their statutory duties,
including the exercise of discretion under a statute.
c) It embodies positive principles to facilitate the good administrative practice; for example,
in ensuring that the rules of natural justice or fairness are adhered to.
d) It operates to provide accountability and transparency, including participation by
interested individuals and parties in the process of government.
e) It may provide a remedy for grievances at the hand of public authorities.

Similarly, I. P. Massey identifies the four basic bricks of the foundation of administrative law
as:
a) To check the abuse of administrative power.
b) To ensure to citizen an impartial determination of their disputes by officials so as to
protect them from unauthorized encroachment of their rights and interests.
c) To make those who exercise public power accountable to the people.

6.0. CONCLUSION
Administrative law is a very pertinent subject in the contemporary world. Its purpose is very rich
and relevant in ensuring accountability, transparency and good governance. Control mechanisms
on actions of administrative officers is the back-borne of good governance and Rule of Law

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generally. It is critical that all administrative officers get acquainted about administrative law and
its operations.

7.0. SUMMARY
In this topic, we have discussed and defined various definitions of administrative law
Administrative law could be defined in so many different ways. However, its main purpose, to
control of power, should always be the basic element in any attempt made to define it. It is not an
isolated subject. However, it is influenced by different factors and it shares a common
ground with other concepts. Administrative law has now become a pivotal legal instrument to
maintain rule of law, to facilitate good governance, to ensure the protection of human rights and
to uphold the principle of democracy.

8.0. ASSIGNMENT OR REVISION QUESTIONS/

1) With reference to different scholars define administrative law?
2) Discuss the purpose of Administrative Law in Uganda.

9.0. REFERENCES/FURTHER READING

 Bone, S. (2001). Osborn’s Concise Law Dictionary (9th ed.). London: Sweet and
Maxwell.
 Leyland P. & Gordon, A. (2005). Administrative Law. (5th ed.). Oxford University
 Pressalemi, E. (2008). Administrative Law. (3rd ed.). Ikeja: Princeton Publishing Co.
 Wade, H. W. R. & Forsyth, C.F. (2000). Administrative Law (8th ed.) Oxford University
Press.

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