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UNIVERSITY OF MANAGEMENT AND TECHNOLOGY
SCHOOL OF GOVERNANCE AND SOCIETY
COURSE MANUAL
(Including Course Outline)
ADMINISTRATIVE LAW
PROGRAM: MASTER IN PUBLIC ADMINISTRATION
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LW302-ADMINISTRATIVE LAW
Master in Public Administration
SPRING 2015
Class Timings—Monday—18:00-21:00
Classroom: L4/01 / (or another)
Resource Persons:
Focus areas:
1. Prof. Shaigan S. Malik, Professor of Practice
Public Policy Analysis and Public Administration, Constitutional Law,
Administrative Law, Human Rights, Literature and Society, Governance,
Organizational Management.
2. Prof. Rahat ul Ain, Professor of Practice
Focus areas:
Public Policy Analysis, Governance and Democracy, Administrative Law,
Literature and Society, Trade Diplomacy, Creative Writing
Contact:
rahat.ain@umt.edu.pk
Office Consultation Hours: Mon and Fri: 16:00 – 17:30 Hrs (and any other day by arrangement),
email anytime!
Introduction to the Course Manual
This course manual has been divided into two parts. Part I deals with the structural aspects of the
course; Part II focuses on details of the course contents, learning strategies, and related sources.
PART I - COURSE STRUCTURE
Course Requirements:
Your grade will be determined as follows:
a) Grading emphasis
1) Research Assignment – 17 %
a. Research Paper – 10%
b. Field work and Meta-analysis – 7%
2)
3)
4)
5)
6)
Class Participation, Discussion, Presentations – 14%
Reaction Essays- 14 %
Attendance - 10 %
Mid-term exams – 10 %
Final exams – 35 %
Total 100%
b) Grading criteria
1) Ability for Critical Thinking, Creativity;
2) Originality of substance and ideas;
3) Coherent organization of content;
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4) Scholarship (citations and references where appropriate);
5) Adherence to Research Methodology;
6) Academic Integrity.
All assignments and material must be turned in by the dates assigned. Please plan accordingly!
1) Attendance:
a) Be regular and punctual. If you do not attend, you cannot participate. Plan personal vacation,
social commitments, and travel around the class schedule. (10%)
2) Readings:
For most topics, you will receive hard copies of the topic’s readings; these readings are designed to
help you think about the topic critically. Each student will prepare a two-three page response
(double-spaced) to these readings to be turned in by 9:00 pm via email on the following Friday. For
most topics, this works out to an essay a week unless otherwise announced. (14%)
3) Class Discussion:
For each topic, there will be one or two student discussion leaders. The discussion leaders will
present the major points of the assigned readings, facilitate discussion of how the readings are
interrelated (coming up with discussion questions), present controversial features of the readings, and
critically evaluate the readings. Leading class discussion is NOT summarizing the readings. Each
student will lead or co-lead class discussion at least once. (14%)
4) Research Paper:
For your Research Paper (maximum 15 pages), each one of you will be assigned a topic. You should
provide a rationale for the study, review the relevant literature, and describe the data, methods, and
analyses that will be used to address the assignment. Methods involve some Field Work, and Metaanalysis. (17%) Student will know their respective topics for research by the sixth week.
5) Presentation and Discussion of Papers
Each student will make a 10 minute in-class oral presentation of her/his Research Paper. Each
student will also serve as a discussant of the paper for one other student. Each paper must be revised
with the class and discussant's comments in mind. For the methodology of writing a Research Paper,
you will need to consult Prof. Muhammad Feyyaz by prior appointment.
Research Work Deadlines:
a. Each student will submit, via email, a 5-page Research Proposal no later than 9:00 am, June. 14.
b. A first draft of your Research Paper is due via email by 9:00 am, June 19. I will read through and
comment on your Research Paper.
c. On June 30, you must also share a copy of your Research Paper with the classmate who will serve
as your discussant to allow her/him sufficient time to read through the paper for review.
d. On June 30, all students will make a 10 minute in-class oral presentation of their Research Paper.
Each presentation will have a discussant.
e. Students will revise their Research Paper in light of the comments of the instructor, discussant, and
classmates. Due date for submission of the final draft will be communicated in class on June 30.
(Dates may change.)
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You are required to develop your RPs, keeping the prescribed Research Proposal Format in view.
If required, meet Prof. Feyyaz by appointment for guidance. His email address:
muhammad.feyyaz@umt.edu.pk
Course Description. The course is designed with the aim to assess the intellectual capacities and
learning abilities of the participants and measurably improve upon these as a first step. Further to
this, it is aimed at preparing you to confront and operate in the real world where Administrative
Law operates. To this end, the course covers the entire spectrum of Administrative law and
attendant misconceptions, including the theoretical fundamentals and practical dimensions in its
Pakistani context. The course aims to facilitate understanding of major theories, concepts,
definitions, trends, and tools employed in application of Administrative Law. Employment of
capacity assessment tools is a regular feature to measure progress in learning.
Learning Objectives
a) To enable students to learn on their own
b) To develop critical thinking for understanding Administrative law.
c) To develop interpretation of Administrative law as a core competency in Pakistani
context.
d) To develop technical knowhow, methods, and processes for analysis of Administrative
Law
e) To enable to design, organize, and conduct surveys, interviews and polls that involve the
citizens.
Course summary
a) Credit hours - 3
b) Duration – One semester (45 contact hours)
c) Schedule - Semester starting 24 March, 2015.
Course contents
a) Module 1 - Introduction, Definition—Capacity assessment and goal setting.
b) Module 2 - Literature Review: Global Perspective of Administrative Law-Theory and Practice
c) Module 3 – National Perspective, Constitutional Law vs. Administrative Law, Principle
of Accountability, Human Rights,—a historical review.
d) Module 4 – Basic Concepts—Revision and Assessment
e) Module 5 – Rule of Law
f) Module 6— Legislative Oversight of Administrative Law
g) Module 7—Separation of Powers
h) Module 8 – Mid-term Exam
i) Module 9 – Institutional Capacity, Powers, Limitations of Administrative Agencies.
j) Module 10 – Research Paper Presentations
k) Module 11 – Research Paper Presentations
l) Module 12 – The Institution of Ombudsman
m) Module 13 – Judicial Review
n) Module 14 - Course Recap
o) Module 15 - Final Exams
Course material and readings:
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All of the course material referred to in this module is available on the internet or in the UMT
library or with the SGS, on first come first served basis. Participants may like to make copies of
required material for their convenience. Online resources are also available in the Library
through the learning resource center where you can access academic journals of international
repute. Besides, you are encouraged to seek out relevant literature available in the NMC Library,
the Punjab Public Library, the Quaid-i-Azam Library, and other local libraries and publishing
houses. Mandatory readings under respective modules have been mentioned.
Instruction methods and tools
a)
b)
c)
d)
e)
f)
Heuristic
Lecture cum Discussion (LD)
Individual Exercises (IE) and presentations
Reaction Essays (RS)
Field Work / Surveys
Research Paper
Academic Integrity Policy: Academic integrity is the central value of an academic community. It
is expected that graduate students will neither engage in nor facilitate cheating (using or attempting
to use unauthorized materials, information, or study aids), fabrication (falsification or invention of
any information or citation), or plagiarism (representing the words or ideas of others as one’s own) in
their academic work. The Academic Integrity Policy contains strict sanctions, including
expulsion, for all forms of academic dishonesty. Students found guilty of violating other UMT
norms, such as engaging in moral and ethical misconduct, or in actions that are harmful to
others or threaten the orderliness and wellbeing of the campus, are subject to equally strict
sanctions in accordance with these norms and UMT regulations.
Make-up Exams and Late Assignments: There will be no make-up exams, unless there is a
valid (documented) reason for not taking the scheduled exams, and prior arrangements have been
made with the instructor. Five percent of the grade will be deducted for each day an assignment
is late.
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PART II - COURSE OUTLINE, READINGS, LEARNING MODES, SCHEDULE
Module
Hour
allocation
Instructional
mode
IEs
Module 1 - Introduction, Definition—Capacity
assessment and goal setting.
3
LD
-
Module 2 - Literature Review: Global Perspective of
3
LD
Module 3 – National Perspective, Constitutional
Law vs. Administrative Law, Principle of
Accountability, Human Rights,—a historical
review.
3
LD
Module 4 – Basic Concepts—Revision and
Assessment
3
LD
Module 5 – Rule of Law
3
LD
Module 6— Legislative Oversight of
Administrative Law
3
LD
Module 7 – Separation of Powers
3
LD
Module 8 – Mid-term Exam
3
EXAM
Module 9 – Institutional Capacity, Powers,
Limitations of Administrative Agencies.
3
LD
Module 10 – Research Paper Presentations
3
Module 11 – Research Paper Presentations
3
STUDENTS
WILL
PRESENT
Module 12 – The Institution of Ombudsman
3
LD
Module 13 – Judicial Review
3
LD
Administrative Law-Theory and Practice
May 18-23
STUDENTS
WILL
PRESENT
1
1
6
Module 14 - Course Recap
3
LD
Module 15 - Final Exams
July 20-31
3
EXAM
-
HOLIDAYS
Eid ul Azha
October 06 – 08, 2014 Kashmir Day
February 05, 2015
Allama Iqbal Day
November 09, 2014
Pakistan Day
March 23, 2015
Yaum e Aushura*
Nov 02 -03, 2014
Labor Day
May 01, 2015
Quaid-e-Azam Day December 25, 2014
Eid ul Fitar
July 17 19, 2015
Eid Milad ul Nabi*
Independence Day August 14, 2015
January 03, 2015
Eid ul Edha
Sep 23 - 25, 2015
*Subject to the sighting of the moon.
See Calendar http://umt.edu.pk/org/Academic-Calendar/Academic-Calendar-2014-2015.aspx
Detailed Outline of Modules and Readings
‘Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.’
(Thomas Paine, 1737–1809)
Administrative Law is a branch of ‘public law.’ It mainly covers the functions, powers, and
obligations of the executive arm of government, which includes the Administrators or the public
servants. In some cases, Administrative Law also covers certain non-governmental bodies, such
as corporations, Civil Society Organizations, NGOs etc. Administrative Law is a means to
protect the citizens from any act of the government that may be unlawful, or above the rule of
law. It provides an important safeguard that prevents the government becoming “an intolerable
evil.” This course introduces the students to Administrative Law and its control of government
power. The students will learn about the nature of those powers, the purpose of governmental
functions, and the scope and usefulness of legal control. The course focuses on and elucidates
four main learning areas:
a. The administrative agencies of government
b. The nature, characteristics and sources of its powers
c. Judicial review of administrative action
d. Remedies for unlawful and irregular administrative action.
1. Introduction, Definition—Capacity assessment and goal setting. This session is meant
to briefly introduce the course, highlight salient aspects of Administrative Law, apprise
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the students of standard definitions, and determine parameters of inquiry. It will include
assessment of existing level of understanding on the subject with a view to ascertain gaps
between existing capacity and the desired learning outcomes. Besides, it will elicit
students’ expectations from the course in order to adjust course contents, if need be.
2. Literature Review: Global Perspective of Administrative Law -Theory and Practice.
This LD will
a) Review important trends in Administrative Law since Magna Carta-1215 onward
b) Contextual Administrative Law
c) Definitions
Readings
a. Alder, John, General Principles of Constitutional and Administrative Law, 4th
Edition, 2002, Palgrave Macmillan Law Masters, Chapter 2.
3. National Perspective, Constitutional Law vs. Administrative Law, Principle of
Accountability, Human Rights,—a historical review. This LD aims at familiarizing
the students with the globally prevalent concepts and practices of Administrative Law.
Readings
a. Alder, John, General Principles of Constitutional and Administrative Law, 4th
Edition, 2002, Palgrave Macmillan Law Masters, Chapter 1.3.
b. Hawke, Neil, and Parpworth, Neil, Introduction to Administrative Law, Cavendish
Publishing (Australia) Pty Ltd, Sydney, 1998, Chapter 1.4.
4. Basic Concepts—Revision and Assessment: This LD will provide the students an
opportunity to read about, discuss, and understand Administrative Law.
Readings
a. Ellis-Jones, Ian, Essential Administrative Law, Cavendish Essential Series, Cavendish
Publishing (Australia) Pty Ltd, Sydney, 2001, Chapter 1.
5. Rule of Law: This LD will help students learn the meaning, nature and scope of the Rule
of Law.
Readings
a. Constitution of Pakistan, Article 7-40 (Fundamental Rights and Principles of Policy)
b. Hawke, Neil, and Parpworth, Neil, Introduction to Administrative Law, Cavendish
Publishing (Australia) Pty Ltd, Sydney, 1998, Chapter 1.
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c. Alder, John, General Principles of Constitutional and Administrative Law, 4th
Edition, 2002, Palgrave Macmillan Law Masters, Chapter 5.
6. Legislative Oversight of Administrative Law. This LD will focus on which way the
Executive Action comes under the scrutiny of the Legislature (the parliament) and what
is its form and shape in Pakistan.
a. Global Experience and Pakistan
b. Analysis of Legislative Oversight.
c. The Role of Critical Thinking in examining Legislative Oversight of
Administrative Law in context.
Readings
a. Proceedings of the Senate Standing Committee on Law and Justice and National
Assembly Standing Committee on Law, Justice and Human Rights.
b. Hawke, Neil, and Parpworth, Neil, Introduction to Administrative Law, Cavendish
Publishing (Australia) Pty Ltd, Sydney, 1998, Chapter 1.
c. Ellis-Jones, Ian, Essential Administrative Law, Cavendish Essential Series,
Cavendish Publishing (Australia) Pty Ltd, Sydney, 2001, Chapter 1.
7. Separation of Powers: A review of the concept of Separation of Powers. This LD will
also examine how the Constitution of Pakistan provides for Separation of Powers.
Readings
a. Alder, John, General Principles of Constitutional and Administrative Law, 4th
Edition, 2002, Palgrave Macmillan Law Masters, Chapter 5.
b. Constitution of Pakistan, General Reading.
8.
Mid-Term Exam
18-23 May 2015
9. Institutional Capacity, Powers, Limitations of Administrative Agencies. This module
will facilitate an analysis of capacity, powers, limitation of various Administrative
Agencies. The LD will provide the students an opportunity to understand how these
variables interact with each other and how Administrative Law provides a safeguard
again abuse of power.
Readings
a. Hawke, Neil, and Parpworth, Neil, Introduction to Administrative Law, Cavendish
Publishing (Australia) Pty Ltd, Sydney, 1998, Chapter 1.
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10. Research Paper Presentations: Each student will make a ten-minute in-class
presentation of his Research paper.
These presentations are due on 8 June.
11. Research Paper Presentations: Each student will make a ten-minute in-class
presentation of his Research paper.
These presentations are due on 15 June.
12. The Institution of Ombudsman. This LD will look at the theoretical underpinnings of
the concept of an Ombudsman and its contextual manifestation..
Readings:
a. Ellis-Jones, Ian, Essential Administrative Law, Cavendish Essential Series, Cavendish
Publishing (Australia) Pty Ltd, Sydney, 2001, Chapter 10.
b. Hawke, Neil, and Parpworth, Neil, Introduction to Administrative Law, Cavendish
Publishing (Australia) Pty Ltd, Sydney, 1998, Chapter 15.
c. Hussain, Tariq, “The Role of Ombudsman in Improving the Public Service Delivery
in Pakistan,” Paper prepared for the Asian Development Bank, TR 6465 REG-ADB –
Technical Assistance for Strengthening the Asian Ombudsman Association, 2010.
13. Judicial Review: This LD will examine in depth the institution of Judicial Review.
Readings
a. Ed. Taggart, Michael, The Province of Administrative Law, Hart Publishing, Oxford
UK, 1997, Chapter 2.
14. Course Recap.
15. Final Exam
20-31 July 2015
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