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This text constitutes the latter portion of the &# This text constitutes the latter portion of the "Administrative Law" teaching material (Units 3–8), shifting focus from theoretical foundations to the practical mechanics of administrative power and accountability. It details the structure and functions of Administrative Agencies, the subjects of administrative law, dissecting their tripartite powers: quasi-legislative (rule-making), quasi-judicial (adjudication), and executive (administrative). The material extensively covers Delegated Legislation, explaining why parliaments delegate rule-making authority to agencies and the procedures involved. A significant portion is dedicated to Administrative Adjudication and the Tribunal system, contrasting formal and informal dispute resolution. The text then outlines the various Controlling Mechanisms of government power, including legislative oversight, executive control, and the role of the Ombudsman. Finally, it provides an in-depth analysis of Judicial Review, distinguishing it from merits review, defining the grounds for challenging agency actions (such as ultra vires and abuse of power), and listing the specific Remedies (prerogative writs) and liabilities available when administrative action is found unlawful.
TOPIC 1: ADMINISTRATIVE AGENCIES & THEIR POWERS (UNIT 3)
KEY POINTS:
Definition: Administrative agencies are governmental bodies established to perform specific public functions.
Formation: Created by an "Enabling Act" (Parent Act) passed by the legislature to handle complex social or economic issues.
The Three Powers:
Quasi-Legislative (Rule-Making): Creating detailed regulations to fill in broad laws.
Quasi-Judicial (Adjudication): Acting like a court to settle disputes or impose penalties.
Administrative (Executive): Day-to-day management, licensing, and enforcement.
Classification of Powers: These powers can be mandatory (the agency must act) or discretionary (the agency can choose to act).
EASY EXPLANATION:
Administrative agencies are the "doers" of government. Because the main parliament can't be experts on everything (like aviation safety or banking), they create these specialized agencies. These agencies are unique because they act like all three branches of government at once: they write the rules (like a legislature), judge cases (like a court), and manage operations (like an executive).
TOPIC 2: DELEGATED LEGISLATION (UNIT 4)
KEY POINTS:
Definition: Law-making power exercised by an agency under authority given by the legislature.
The Need for Delegation:
Lack of Time: Parliament is too busy to handle technical details.
Lack of Expertise: Legislators are not scientists or technical experts.
Flexibility: Rules can be changed quickly to adapt to new situations without passing a new law.
Procedure: Rule-making usually involves public notice, consultation (hearing from the public), and publication.
Criticism: Critics argue it leads to "undemocratic" law-making because unelected officials are writing the laws.
EASY EXPLANATION:
"Delegated Legislation" is when the parliament says to an agency: "Here is the goal (clean air), you figure out the details (how much pollution is allowed)." It is necessary because politics moves too slowly for technical problems. However, some people worry that unelected bureaucrats have too much power to write laws.
TOPIC 3: ADMINISTRATIVE ADJUDICATION (UNIT 5)
KEY POINTS:
Meaning: When an agency applies its rules to a specific person to settle a dispute or punish them (e.g., revoking a doctor's license).
Forms:
Informal: Investigation, inspections, and settlements without a full trial. Most common.
Formal: A trial-like process with evidence, witnesses, and a decision.
Tribunals: Specialized courts set up to handle administrative disputes (e.g., Tax Tribunal, Labor Tribunal).
Advantages: Cheaper, faster, and expert judges.
Disadvantages: Lack of strict legal procedures, potential bias.
Inquiries: Investigations into public issues or specific events (like a disaster inquiry).
EASY EXPLANATION:
When an agency decides you broke a rule, they hold an "adjudication." This is like a mini-trial. It can be informal (a meeting) or formal (a court hearing). Tribunals are special courts for these issues; they are usually faster and cheaper than regular courts because the judges understand the technical subject matter.
TOPIC 4: CONTROLLING GOVERNMENT POWER (UNIT 6)
KEY POINTS:
The Need for Control: Power corrupts; agencies must be checked to ensure they stay within their limits.
Types of Control:
Internal: Agencies check their own staff.
Parliamentary: Parliament can question ministers, investigate, or cut the agency's budget.
Executive: The President/Prime Minister or ministers supervise the agencies.
Judicial: Courts review the legality of agency actions.
Ombudsman: An independent official who investigates complaints from citizens about government maladministration (unfairness, delay, rudeness).
Media: Public scrutiny acts as a check.
EASY EXPLANATION:
To prevent agencies from becoming dictators, we use many checks. The politicians (Parliament) control the money and the laws. The boss (Executive) supervises the staff. The Courts check if the agency is following the law. The Ombudsman is a special "complaint handler" who helps citizens when the government treats them unfairly, even if the agency didn't technically break the law.
TOPIC 5: JUDICIAL REVIEW (UNIT 7)
KEY POINTS:
Definition: The power of the courts to examine the legality of administrative actions.
Review vs. Merits: Courts do not review the "merits" (whether the decision was wise or the best choice). They only review "legality" (was the decision lawful?).
Grounds for Review (Why Courts Intervene):
Ultra Vires (Narrow): The agency acted outside the powers given to it by the Enabling Act.
Abuse of Power (Broad): The agency used its power for an improper purpose (e.g., bad faith, irrelevant considerations).
Limitations: You cannot sue just because you are unhappy; you must have "Standing" (a direct interest) and usually must "exhaust" all internal appeal options first.
EASY EXPLANATION:
Judicial Review is not an appeal to get a better decision; it is a check to see if the agency followed the rules. A judge won't say "I think you should have gotten a permit." A judge will only say "The law required them to give you a permit, so they broke the law." You can't go to court until you have tried to fix the problem inside the agency first (Exhaustion).
TOPIC 6: REMEDIES & GOVERNMENT LIABILITY (UNIT 8)
KEY POINTS:
Public Law Remedies (Prerogative Writs):
Certiorari: Cancels/Quashes an illegal decision made by an agency.
Mandamus: Orders a public official to perform a mandatory duty they refused to do.
Prohibition: Orders an agency to stop doing something they have no power to do.
Habeas Corpus: Used to release someone detained illegally.
Injunction: Stops an agency from acting unlawfully.
Private Law Remedies: Damages (money) if the government causes harm, just like suing a private company.
Government Liability: The state can be sued for "torts" (civil wrongs) committed by its employees in the course of their duty (e.g., a government car crash).
EASY EXPLANATION:
If a court finds an agency acted illegally, they use special tools called "Remedies."
Certiorari means "tear up that bad decision."
Mandamus means "do your job."
Prohibition means "stop what you are doing."
If the government actually hurts you (like a city truck hitting your car), you can sue them for money just like a normal person, under the principle of Government Liability.
POTENTIAL PRESENTATION/DISCUSSION QUESTIONS
Question: Why is the separation between "Judicial Review" (legality) and "Merits Review" (wisdom) so important in administrative law?
Question: What are the risks of allowing agencies to exercise quasi-judicial power? Why might we want specialized tribunals instead of regular courts?
Question: If a citizen is treated rudely by a government employee but no law was broken, which control mechanism (Judicial Review, Ombudsman, or Media) would be most effective?
Question: Compare the remedies of "Certiorari" and "Prohibition." In what specific scenario would you use one instead of the other?... |