Administrative

Law
Definition, Scope,
Functions

Organs of the State

Legislature: A selected body of people with
the power to make, amend and repeal laws.
Judiciary: The court system and judges
considered collectively.
Executive: That branch of government
which is responsible for enforcing laws and
judicial decisions, and for the day-to-day
administration of the state.

Public Administration
Public administration is the executive function of
the government.
It can be defined as the activity or process of
administering public affairs and carrying out
governmental functions.
Examples of PA practices;
Maintaining peace and order
Processing of claims
Building roads and bridges

Delegated Legislation
A legislative body is best suited to determining the
direction of major policy, but it lacks time,
technique and expertise to handle the mass of detail.
The legislature has to content itself with laying
down broad policies and to leave the rest to
administration.
The administrative organ exercises legislative
power and issues an excess of rules, bye-laws, and
orders of a general nature which are designated as
delegated legislation.

Introduction to Administrative Law

In the field of law, the most significant and outstanding
development of the 20th century is the rapid growth of
administrative law. It does not, however, mean that there was
no administrative law before this century. Since many years it
has been very much in existence. But in this century, the
philosophy as to the role and function of the state has
undergone a radical change. There was increase in
governmental functions. Today, the state is not merely a
police state, exercising sovereign functions, (protecting the
population from external aggression and from internal strife
and for this collecting taxes from the people)

Introduction to Administrative Law

but as a progressive democratic welfare state, it seeks to
ensure social security and social welfare for the common
man, regulates the industrial relations exercises control
over production manufacture and distribution of essential
commodities; starts many enterprises, tries to achieve
equality for all and equal pay for equal work. Today, the
state is required to look after the health, and morals of
people, provide education to children and takes all the
steps which social justice demands. All these
developments have widened the scope of administrative
law.

Defining Complex Term of

"Administrative Law"
It is indeed difficult to evolve a scientific,
precise and satisfactory
definition of
administrative law. Many jurists have attempted
to define it. But none of the definitions has
completely defined the nature, scope and
contents of Administrative Law. Either the
definitions are too broad and include much more
than what is necessary or they are too narrow
and do not include all the necessary contents.

Definition by Ivor Jennings

Ivor Jennings provided the following definition of the
term "administrative law".
According to him, "administrative law is the law
relating to the administrative authorities".
This is the most widely accepted definition.

Definition by Prof. Wade

According to Wade any attempt to define
administrative law will create a number of difficulties.
But if the powers and authorities of the state are
classified as legislative, administrative and judicial,
then administrative law might be said, "the law which
concerns administrative authorities as opposed to the
others".

Definition by Jain and Jain

According to Jain and Jain, "Administrative law deals
with the structure, powers and function of the organs
of administration, the limits of their powers, the
methods and procedures followed by them in
exercising their powers and functions, the method by
which their powers are controlled including the legal
remedies available to a person against them when his
rights are infringed by their operation".

Definition by Jain and Jain

Administrative law, according to this definition, deals
with four aspects:1. It deals with composition and the powers of
administrative authorities.
2. It fixed the limits of the powers of such authorities.
3. It prescribes the procedures to be followed by these
authorities in exercising such powers and,
4. It controls these administrative authorities through
judicial and other means.

Definition by Griffith and Street

According to Griffith and Street, the main object of
Administrative law is the operation and control of
administrative authorities, it must deal with the
following three aspects:1. What are the limits of those powers?
2. What sort of power does the administration
exercise?
3. What are the ways in which the administrative is
kept within those limits?

Definition by Garner

According to Garner, administrative law

may be described as "Those rules which
are recognized by the court as law and
which relates to and regulate the
administration of government."

Scope of Administrative Law

In order to determine the scope of administrative law we
must come to grips with two concepts

1) The separation of power

At the core of the idea of separation of powers
are two basic propositions
(a) The prevention of concentration of power
in to hands of one institution or individual
(b) The exercise of power should be subject to
some external checks and balance

Scope of Administrative Law

2) The rule of law
(a) Absolute supremacy of Law
(b) Equality before the Law
All are bound to follow the same law

Scope of Administrative Law

Administrative law specifies the rights and
liabilities of private individuals in their
dealing with public officials and also
specifies the procedure by which those
rights and liabilities can be enforced.
It provides accountability and
responsibility in administrative
functioning

Scope of Administrative Law

In order to determine the nature and scope
of administrative law, it is imperative to
know what it deals with.
Administrative Law deals with:
1) The structure, powers and the function of
organs of administration
2) The limit of their power and functions

Scope of Administrative Law

Administrative Law deals with: (Cont.)
3) The methods and procedure followed by the
organs of administration in exercising their
power and functions, and
4) The methods by which their powers are
controlled, including the legal remedies
available to any persons when their rights are
infringed by their operation.

History

Administrative law has been categorized as one of the most outstanding

legal development of twentieth century.
According to Parker since Administrative Law is the law that governs, and
is applied by the executive branch of government, it must be as old as that
branch.
It was considered appropriate that the state should take interest in
promoting the conditions of ordinary citizens. From then onwards
responsibility & functions of the state were increased so much.
The increase in state activates increased the work of all state organs i.e. the
legislature, judiciary & executives.
The administrative organ, therefore, was considered to be paramount
importance in the machinery of government.
Administrative law received much attention in almost all the developed &
democratic countries of the world.

U.S.A
The pioneer work on administrative law has been done by three men
continuously - Goodnow of Colombia, Ernst of Chicago & Felix of
Harvard.
In America Administrative Law was in existence in the 18 th century.
The first Administrative Law was embodied in the 1789 Statutes.
This law, with the passage of time, grew quite rapidly & various books on
this topic were published, e.g. Comparative Administrative Law published
in 1893. Another book published in 1905 on the Principles of
Administrative Law of the United States.
The evolution process of administrative law. Ultimately, reached the creation
of formal code of law namely the administrative Procedure Act 1946.
This Act was enacted by the Congress & approved by President Truman in
1946.

Pakistan

Administrative Law as we know it or study it today was not in existence in the Indian
Sub-continent. British rule were prevailing & remained from 18 th century to 1947, even
than after independence, in 1947.
The first Constituent Assembly of Pakistan passed the Prevention of Corruption Act.
The prime aim for such legislation was to control the malpractices in the Administrative
region.
For many years the superior Courts of Pakistan administered administrative Law in
addition to their appellate jurisdiction over Civil & Criminal cases.
On 28th February 1970 Justice Cornelius in his address to Lahore High Court Bar
Association, determined the scope of judicial review of administrative action.
The first ever start, took place, towards the introduction of Administrative law & the
establishment of Administrative Tribunals, when the interim Constitution of 1972 was
embodied with the provision for the establishment of administrative Courts &
Tribunals.

Introduction to
Administrative Law
Administrative law started taking place in 19th century.
Before that, it was present in many countries, in one form or
other, whether its existence was formally recognized or not.
Administrative Law is normally called 20th century
phenomenon, as its philosophy to role and function, of the
state experienced a radical change.
From legal point of view it is concerned with the roles and
constitutional positions of public authorities.
It is also concerned with the powers and duties of
administrators, with their legal relationship with one
another, with the public and their employees.

Pakistan
The first ever start, took place, towards the
introduction of Administrative Law, was in
1972 ,with the provision for establishment of
Administrative Courts and Tribunals.

Introduction to
Constitutional Law
By the 18th century, Constitutional Law
emerges with more clarity and strength.
This is where the constitutional law is
stabilized and becomes the Constitutional
Law to know today;
A law protecting human rights
Base State
Protector of social, cultural, religious and
fundamental rights

Difference between Administrative &

Constitutional Law
Both branches are part of public law and concern
with the organization and function of government.
There is a difference in their nature and application.
However, the dividing line between the two
branches is the matter of convenience.
Constitutional Law deals with the individuals
rights.
Administrative Law lays equal stress on public
needs.

Administrative Law
Administrative Law deals with public
administration.
It determines the organization, powers and
duties of executive authorities.
It sets limits to their powers and functions.
It deals with the methods and procedures
followed by the executives in exercising their
powers.

Constitutional Law
Constitutional Law deals with the distribution and
exercise of the functions of the government.
Constitutional Law relates to the topics like,
method of choosing the president and his powers,
the establishment of legislative and adjudicating
bodies, their functions, the tenure and appointment
of judges, status of ministers and position of civil
servants, the armed forces, treaty making powers,
citizenship, specifications of electoral boundaries,
civil liberties and procedure for amending the
constitution.

Salient Features of
Administrative Law
Seeks to adjust relationship between the
public power and personal rights.
Deals with the structure, power and functions
of the public administration.
Deals with the methods and procedures
followed by the executives in exercising their
power

Salient Features of
Administrative Law
Concerns with the ruling on regality of the
exercise of public powers.
It desires for consistency of principles and to
give the citizens the utmost legal protection

Definition of Rule of Law

1. Everything must be done according to law.
2. Government should be conducted within the
framework of recognized rules and principles and
must be able to justify its actions authorized by law.
3. The judges will settle the disputes regarding the
legality of acts.
4. The government should not enjoy unnecessary
privileges or exemptions from ordinary law.

Supremacy of Law
1. Absence of arbitrary power
No one is to be punished except for a distinct breach of law
established in the ordinary legal manner before the law courts
of the land.
2. Equality before law
All men should be treated equal without any discrimination
of color, race or affiliation to any distinguished class or
group.
3. The rights of citizen
The rights of the citizens ought to be secured and guaranteed
by some positive and enforceable provisions of law.

Declaration of Dehli, 1959

Establishment of the civil rights as well as the social,
economic, educational and cultural conditions.
Existence of effective government capable of
maintaining law and order and emphasis on the need
for government to pay heed to the welfare of the
individual.
An independent judiciary and free legal profession are
indispensible requisites of a free society under the
rule of law.

Rule of Law: Main Features

Separation of powers between the major organs of the
government.
Defined authority and power through the constitution.
Preservation of the basic and fundamental human
rights.
The existence of proper functioning of sovereign and
truly representative legislature.
Independence of judiciary. Judiciary will determine
remedial action if any transgression of the law occurs.

NATURAL JUSTICE
Natural justice is also known as
substantial justice, fundamental
justice and universal justice.

Introduction
Natural Law is based on natural ideals and values
which are universal. In the absence of any other
law, the Principles of Natural Justice are followed.
Earliest form of natural law can be seen in Roman
expressions. It is used interchangeably with Divine
Laws and the common law of nations.
The Principles of Natural Justice are considered
basic human right because they attempt to bring
justice to the parties naturally.

Factor required for natural justice

(a) To be presented with the entirety of the case good, bad or indifferent

(b) To be afforded adequate time to consider those

allegations.
(c) To be given an opportunity to reply to same.
(d) To have such representations heard in an
impartial manner by the management

Rules of natural justice

The Hearing Rule

This rule requires that a person must be
allowed an adequate opportunity to present
their case where certain interests and rights
may be adversely affected by a decisionmaker

Rules of natural justice

The Bias Rule

This second rule states that no one should be a
judge in his or her case. This is the requirement
that the deciding authority must be unbiased when
according the hearing or making the decision.

Rules of natural justice

The Evidence Rule

The third rule is that an administrative
decision must be based upon logical proof or
evidence material.

Benefits of natural justice

Assists the decision maker in reaching the correct and
preferable decision.
Provides the decision maker with relevant information.
Provides a useful avenue for the decision maker to ensure
that the facts or information that he/she is relying on is
correct.
Exposes any weaknesses in the decision-making process,
information or evidence on which a decision is to be based.
The comments or submissions made by the person or
organization may provide advance warning.

The Doctrine of Ultra Vires:

The doctrine of Ultra Vires stands for the acts, which
are for any reason in access of power, are often
described as being outside the Jurisdiction
Professor Wade declares any administrative Act or
Order, which is ultra vires or outside jurisdiction, is
void in Law. This is because validity of any order or
administrative action needs statutory authorization,
and if the order or action is not within the prescribed
legal limits, then it has no legs to stand on.

Action null and void for

being ultra vires

David Foulkes has given certain grounds that vender the administrative action
null and void for being ultra vires. Following are the grounds:
An act may be ultra vires if it is done by a wrong person.
He who has had powers delegated to him cannot sub-delegate them to
another.
Where the person or body doing an act has not been properly appointed or
constituted.
Where a power is expressly or impliedly given for one purpose, an exercise
of that power solely for another purpose is invalid.
The exercise of power will be invalidated where irrelevant considerations are
taken into account or relevant considerations are neglected.
Bad faith is clearly a ground for attacking the exercise of any power.

Additions
The doctrine of ultra vires, as mentioned earlier, enables the
courts to control the unlawful acts of public administrators.
The courts have, therefore, constructed their system for the
judicial control of administrative powers by stretching the
doctrine of ultra vires.
All the executive agencies of democratic countries are run
by delegated legislation, where the parliament delegates its
power of rule making to the executive agencies.
It is accepted in almost all the democratic countries that the
courts can decide the validity of delegated legislation.

Substantive ultra vires

Procedural ultra vires
Doctrine of ultra vires is in fact is a scale for the measurement of
delegated legislation, its validity and the proper observations of
procedure created by the said legislation, The doctrine is of two kinds:
1. Substantive ultra vires.
2. Procedural ultra vires.
The Substantive ultra vires deals with the situation where the
executive authorities enact laws or rules, for which they are not
authorized by the parliament to enact.
The Procedural ultra vires means, when the authorities fail to comply
with or follow the procedural requirement prescribed by the statutes.

Additions
According to Grifith and Streets the principle of substantive
ultra vires is a body of jurisdictional facts. If a statute confers
jurisdiction on an administrative body in certain defined factual
situation, and if an essential fact on which the deciding
authoritys jurisdiction depends is absent, then anY exercise of
that jurisdiction will be void.
An administrative agency, therefore, will act if it fails to take all
proper considerations into account or if it has taken the wrong
matters into consideration in arriving at its decision, the act of
such agency will be ultra vires and so will be the act of a body
where the powers are not exercised according to the procedure
that has been specified by the legislature.

Administrative Action
All transactions arising out of administrative
process, whether in the form of administrative
directions, instructions or functions, can be broadly
described as administrative action.
Classification of Administrative Action
1.
2.
3.
4.

Rule-making action or quasi-legislative action

Decision-making action or quasi-judicial action
Rule application action or administrative action
Finality of administrative action

1) Rule-making action or
quasi-legislative action
When an administrative authority exercises lawmaking power delegated to it by legislature, it is
known as a rule-making action of the administration
or quasi-legislative action.
Example;

Agencies with authority over environmental matters may

pass rules that restrict the rights of property owners to
alter or build on their land;
Departments of revenue may pass rules that affect how
much tax a person pays
Local housing agencies may set and enforce standards on
health and safety in housing

2) Decision-making action or
quasi-judicial action
A large number of decisions that affect a
private individual are not handed down by
the courts but are given by the administrative
agencies who exercise powers, such as a
tribunal board, which has powers and
procedures resembling those of a court of
law or judge.
A decision-making action or quasi-judicial
action is specifically based on the facts of a
case and declares a pre-existing right.

3) Rule Application Action or

Administrative Action
Rule application action or administrative action is the residuary
action which is neither legislative nor judicial. It is concerned
with the treatment of a particular situation and is free of
generality. It has no procedural obligations of collection evidence
and weighing arguments. It is based on subjective satisfaction
where a decision is based on policy . It does not decide a right
though it may affect a right.
An administrative action may either be statutory or non-statutory.
Example;
Issuing directions to subordinate officers, not having the force of
law.
Making a reference to a tribunal, for which they are not
authorized.

4) Finality of administrative action

Generally, a clause is inserted in the statute by which
the actions of an administrative authority are considered
final. Such a clause has been given various names, i.e.
finality clause, exclusion clause, conclusive clause etc.
No specific generalization is possible as to the manner
in which administrative actions are made final.
No finality clause contained in any statute and
expressed in any language can bar the judicial review
available under the constitution.

What is Judiciary ?
The JUDICIARY ( also known as the Judicial
System) is the system that interprets & applies the
law in the name of the state.
The judiciary also provides a mechanism for the
resolution of disputes.
The term Judiciary is also used to refer
collectively to the personnel, such as Judges,
Magistrates & other adjudicators, who form the core
of the judiciary.

What is Judiciary ?

It usually consists of a court of final

appeal called the Supreme Court
together with lower court.
The courts functions as custodian &
guardians of the rules of the law values.

Role of Judiciary
The main role of judiciary in the society is to
maintain the check & balance.
Ensuring equal justice under law to every one.
Under the doctrine of the separation of powers, the
judiciary generally does not make law or enforce
law, but rather interprets law & applies it.

Judicial Control over

Administrative Law
Judiciary made a distinct effort in the
transfusion of its norm in civil bureaucracy.
The efforts of the judiciary to work out the
basic principles of Administrative Law is a
worth mentioning development within the
frame work in public administration.

Judicial Review
In many jurisdictions the judiciary has the
power to change the law through the process
of judicial review.
Judicial review is the system under which
legislative and executive actions are subject
to review by the judiciary.

Judicial Review
It is almost common in all civilized countries
to allow judicial review when fault is found
with administrative action.

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