Administrative Law
Meaning
Administrative Law procedures created by administrative agencies
(governmental bodies of the city, county, state or Federal government) involving
rules, regulations, applications, licenses, permits, available information, hearings,
appeals and decision-making.
Federal agency procedures are governed by the Administrative Procedures, and
many states have adopted similar procedural formats either by law or regulation.
It is important to consider two vital factors in dealing with administrative agencies:
(1)
The rules and regulations are often special for each agency and are
not usually found in the statutes but in those regulations;
(2)
A member of the public must "exhaust his/her administrative
remedies" (take every step, including appeals) with the agency and
its system before he/she can challenge the administrative ruling with
a lawsuit in court.
There are exceptions (such as emergency or obvious futility) to exhausting one's
remedies, but those are rare. Administrative law can be a technical jungle, and
Public Administrative make lots of money from knowing how to hack their way
through it on behalf of their clients.
Feature
The doctrine of the supremacy of the law meant that not even the king is above
the law; today it means that acts of governmental agencies/ Administrative
Authorities are subject to inquiry in ordinary legal proceedings.
Inside Administrative Law
The Inside study offers a big-picture view of Administrative Law that looks at how
all of the essential elements fit together as part of a rational framework of theory
and practice. A rich pedagogy features Sidebars and Frequently Asked
Questions, among other teaching devices that guide comprehension and
reinforce learning.
What Matters and Why Features
Basic coverage of the main themes of Administrative Law that focuses on what
matters and why straightforward, logical, and informal writing style dynamic
educational features that support learning and facilitate use
A careful perusal of the above makes it clear that Administrative Law deals with
the following problems:
A.
B.
C
D.
E.
F.
Who are administrative authorities?
What is the nature and powers exercised by administrative authorities?
What are the limitations, if any, imposed on these powers?
How the administration is kept restricted to its laminose?
What is the procedure followed by the administrative authorities?
What remedies are available to persons adversely affected by
administration?
Contents
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What is Administrative Law?
How to Approach Administrative Law?
The Constitutional and Legal Framework
Where to Begin? Non-Judicial Review of Administrative Action
Other Avenues of Review: The Ombudsmen, Freedom of Information and
the Right to Reasons
Delegated Legislation and Statutory Interpretation
Judicial Review, Jurisdiction, Justifiability and Standing
Decisions Made Beyond Power
Abuse of Power
Refusal to Exercise a Discretion
Procedural Fairness (Natural Justice)
The Content of the Hearing Rule
The Bias Rule, Reasons and Evidence
Substantive Fairness? Undertakings Regarding the Future Exercise of
Power
Status of Unlawful Decisions and Ouster Clauses
Function;
Administrative Law is generally refers to as the law relating to the control of
government power. Except the Parliament, all other public authorities are
subordinated to the law local authorities and other public bodies. Such
subordinate authorities are subject to legal limitations since every kind of power
is open to the chances of abuse.
Therefore, the primary purpose of Administrative Law is to keep the powers of
the government within its legal limits in order to protect the citizens against their
abuse. The Pakistan system of administrative law carries some salient features
which make it sharply different from the administrative law of other European
countries. In spite of a different line of evolution, it is the same recognizable
system of administrative law in USA and UK. Under the Pakistan system of
administrative law, the cases involving the validity of government action are
decided by ordinary courts and not special administrative courts.
In Pakistan, Administrative Law has a long history but the subject in its modern
form emerged only in the last 6, 7 years especially after 2007 when the old
machinery of central political control had been broken, the Supreme Court of
Pakistan stepped in and since then the administrative machineries began to be
controlled by the courts of law.
Definition of Administrative Agencies
Administrative agencies were created to handle serious social problems and
crises that are beyond the expertise of legislators and judges. They are staffed
with subject-matter experts related to their missions. For example, you will find
many economists at the Department of Commerce and lots of PhDs in the
Department of Health. They are charged with issuing rules and regulations
covering different issues.
Functions of Administrative Agencies
Among lawyers and constitutional scholars, there has been much debate about
the role of administrative agencies in our federal government. Some wonder
whether they should have been created or if they've become too large. The
reality is that these agencies provide services directly to the public. These
services ranges from creating jobs to dealing with public health needs.
Administrative agencies serve three main functions:
1.
Rule-making
In rule-making, the agency takes laws passed by
technical expertise need for them to apply to real-life
bill may mandate public vaccinations, but a rule will
and
demographics
need
2.
Parliament and adds the
situations. For example, a
explain which age groups
the
vaccination.
Adjudicating
Agencies serve a judicial function when in-house lawyers and judges help
individuals resolve disputes with the agency. They can also fine those who break
agency rules. As investigators, they can subpoena and question those who may
have violated federal law.
3.
Investigating
To fond out the truth & to conclude the fact Agencies serve a investigative
function to help individuals resolve disputes with the agency
Difference Between Independent and Dependent Agencies
‘Administrative Procedure Act’
To manage the size and activities of the administrative agencies, Parliament may
exercise its authorities by passing some ‘Administrative Procedure Act’. It may
requires the agencies to make their actions public. It also limits some of the
agencies' functions to keep them from conflicting with Parliament and the court
system. Individuals and companies that have been punished by an agency can
challenge this proposed act.
State Administrative Agencies
Administrative agencies are not only part of the federal government. Province
have them as well. Most of them mirror the federal agency structure. For
example, a Province have a department of health or labor. For some issues,
states will create unique administrative agencies. To regulate harvesting,
Province will set up harvesting commissions.