Chapter 1: General principle of Administrative law
Q Define administrative laws, and also explain what elements were functional in development of administrative laws?
Q Define Administrative laws, also explain what factors had played role in evolution of administrative laws?
Q how does the theory of separation of power caused development of administrative law?
Q What do you understand by administrative law and the reason of its growth of this branch of law?
Introduction: Administrative law provides many of the safeguard which prevents government becoming an intolerable evil. In other words, the genesis of administrative law is to control the government powers, the nature of those powers, the purpose of governmental functions as well as the scope and effectiveness of legal control are the core outline of administrative law.
Administrative law deals with the legal control of government powers, that is to say the main emphasis of this subject is the control exercise by the high court over the use of statutory powers by administrative agencies.
In supervising the fulfillment of governmental functions by these agencies, the sole consent of high court is to ensure that they exercise these functions within the limits of the statutory powers that is to say intra-vires and if it is found that an administrative agency has enacted beyond its statutory powers such an act can be declared as ultra-vires or “nullity in law” this exercise of power by high court is referred as judicial review.
Case law: PLD 2001 Karachi page 185 relevant clause Calcutta by the division bench (clause c)
Larger bench decision- by five judges
Clause c: – No person including a minister is above the law and any order passed by a minister in violation of law has no sanctity in law.
Parties name: shakeel waqas and company v general manager Pakistan railway.
If such direction is given including minister is not above the law such direction has no sanctity in law.
Administrative law is one of the leading areas of legal study in the present world today. It is imperative these days to study administrative law for establishing a proper administrative machinery. The administrative law focuses on the concept of administrative action, discretion, adjudication, delegated legislation administrative tribunals, ombudsman and judicial review of administrative action.
· Bias favoritism
· Exercise your discretion in willful manner
· Within the parameters of law
· Interpretation of law, delegated legislation must be in its parameters not be conflict within parent law.
· Ombudsman – in order to curve malice
Case law: PLD 2001 Karachi pg. 304. Given by division bench.
Civil aviation authority v wafaqi muhatezm (Ombudsman)
Head note A, C – relevant/imp
(Employees of civil aviation authority.)
According to Dr. F.J. Port, He define administrative law which is made up of all those legal rules either formally express by the statues or implied by the practice, which have as their ultimate object, the fulfillment of public law which not include in statute regard as implied practice. It touches first the legislature, secondly the judiciary and thirdly it is concerned with the practical application of law.
Sir Ivor Jennings wrote: administrative law is the law relating to administration. It determines the organization, powers and duties of administrative authorities.
According to Professor Wade, a first approximation to a definition of administrative law is to say that it is the law relating to the control of governmental powers and as a second approximation to a definition, administrative law is said to be the body of general principles which govern the exercise of power and duties by public authorities.
K.C. Davis defines, administrative law as the law concerning the powers and procedure of administrative agencies, including especially the law governing judicial review of administrative action. In the view of Davis, emphasis of the formal adjudication (judgement) and for rule-making such matters as investigation prosecution, negotiation, settling (compromise) or informally acting.
Case law: Lahore high court Decision PLJ 2014 Lahore 542 single bench judgement pg. 543- (Imp/relevant)
Parties: Muhammad Nawab v. Province of Punjab through collector Bahawalpur
Nature and scope of administrative law:
Q what is the aim of administrative law and what are primarily concerns regarding administrative
Administrative law is general in nature and governs the administration of any public programme. In order to determine the nature and scope of administrative law it is imperative to know what it deals with. Administrative law deals with:
Features:
i. The structure of the organ of administration: that is to say its foundation, base, under which law it has enacted by way of delegated legislation or its composition either by way tribunal commission or constitutionally.
ii. The powers and procedures which the administration exercise: The administration is concern to find out what power or strength and the methodology or the working method does the administration exercise in discharging its function whether it is carrying its function in accordance with law or not and that such power and procedure must be exercised within the frame of law on the basis of which they have been structured in law.
iii. The limits on the powers and functions of the administrative authorities: It means that administration, once again concern that what are the limitation and restrains on powers and procedure conferred upon such administration. There should not be an unbridled power on the authority and such power must always be subject to check and balances.
Lord Atkin,
“As power corrupts and absolute powers corrupts absolutely.”
iv. The methods and procedures followed by the organs of administration in exercising their powers and functions: The study of current administrative law seeks to emphasize not only the extraneous control but also the processes and procedures which administrative authorities follow in the exercise of their powers. Evolving of fair procedures is a way of minimizing the abuse of vast discretionary powers conferred on the administration. In other words the administrative must exercise such powers and procedure with transparency and all fairness without any grudge or bias (prejudice) keeping in view the elementary Principle of law audi-alterem partem
v. The methods by which their powers are controlled, including the legal remedies available to any persons when their rights are infringed by their operation. It refers to the control of administration through judicial and other means. The administration is concern that what machinery can be provided to check maladministration or excessive use of the power by the administration that is to say it concern that mechanism, what modes must be there for check and balance in regard to maladministration or abuse of power beyond permissible limits.
In nutshell (in a condense manner – Precise) administrative law deals with the structure, power and functions of organs of administration. The limits on that power and functions, the procedures followed by the organs of administration and the methods by which such powers are controlled.
