Administrative Law.docx

Administrative Law Introduction: Administrative law is the law relating to the administration. It determines the structure, powers and duties of administrative authorities. It includes law relating to the rule-making power of the administrative bodies, the quasi-judicial function of administrative agencies, legal liabilities of public authorities and power of the ordinary courts to supervise administrative authorities. It also lays down the methods and procedures which are to be followed by them during the course of remedies which are available to the persons whose rights and other privileges are damaged by their operations. From the few lines above explaining the meaning of the Administrative law, we can notice the exact scope of this new branch of Law. The scope of Administrative law can be narrated as under:    

The methods and procedures of these Administrative organs are also studied by this new branch of law. It covers the nature of structure, powers and functions of all these administrative organs. It also makes available all the relevant remedies to the persons whose rights are infringed by the operations of these organs during the course of Administration. Why and How the Administrative Organs are to be controlled is also viewed by the Administrative law.

It is based on the concept of rule of law that supports Natural Justice (to adjudicate based on impartiality, unjustness and the prescribed laws and legal methods instead of arbitrariness and abuse of official power on the part of govt. while serving the people and deciding cases brought before its Tribunals, etc. Natural justice is basically applied in cases where there are no laws prescribed, here the individual has to be given an opportunity to be heard and the judgment is to be taken into consideration the particular facts and cases of the case and the judgment should be free from bias). It is to prevent violation of people’s rights by officials in power. Evolution of Administrative law: Administrative law is a judge-made law which evolved over time. It is not a codified law. The need for it arose with the increase in administrative actions and its discretionary powers. Reasons for growth of Administrative law The concept of a welfare state: As the States changed their nature from laissez-faire to that of a welfare state, government activities increased and thus the need to regulate the same. Thus, this branch of law developed. The inadequacy of legislature: The legislature has no time to legislate upon the day-to-day ever-changing needs of the society. Even if it does, the lengthy and time-taking legislating procedure would render the rule so legislated of no use as the needs would have changed by the time the rule is implemented. Thus, the executive is given the power to legislate and use its discretionary powers. Consequently, when powers are given their arises a need to regulate the same.

The inefficiency of Judiciary: The judicial procedure of adjudicating matters is very slow, costly complex and formal. Furthermore, there are so many cases already lined up that speedy disposal of suites is not possible. Hence, the need for tribunals arose. Purpose of Administrative law   

To check abuse of administrative power To ensure to citizens an impartial determination of their disputes by officials so as to protect them from the unauthorized encroachment of their rights and interests. To make those who exercise public power accountable to the people.

To realize these basic purposes, it is necessary to have a system of administrative law rooted in basic principles of rule of law and good administration. Sources of Administration Law: Administrative law principles and rules are to be found in many sources. The followings are the main sources of administrative law in Pakistan.    

The Constitution Legislation Acts and Statutes Delegated Legislation Judicial Decision

Conclusion: Thus Administrative law can be said to be science of power of Administrative authorities, and the nature of their powers can be studied under the three heads   

Legislative or Rule making, Purely Executive, Judicial or Adjudicative

E.g. Registration of a firm, a public administrator may perform Legislation: Procedure Executive: Rejection/Acceptation (Follow their own rules) Judicial: Hear the conflicts

Administrative Law & Constitutional Law Constitutional law and administrative law both are concerned with functions of government, both are a part of public law in the modern state. Yet there is a distinction between the two. To the early English writers on administrative law there was no difference between administrative law and constitutional law. Therefore, Keith observed: “It is logically impossible to distinguish administrative from constitutional law and all attempts to do so are artificial. The structure of the legislature and executive comes within the purview of the constitutional law but there functioning comes within the sphere of administrative law.

In countries which have written constitutions the difference between constitutional law and administrative law is not as blurred as in England. In such countries the source of constitutional law is the constitution while the source of administrative law may be statutes, statutory instruments, precedents and custom. Constitutional Law: Constitutional law actually forms the backbone of public law. It is that branch of public law which determines the nature of the state, nature and structures of the government its powers, functions, division of powers among different constitutional organs, their relationship to each other and above all the relationship between the state and the individuals. Administrative Law: From a broader point of view administrative law is a part of constitutional law. The difference between the two is really one of practical convenience only. Administrative law is that branch of public law which deals with how the administration is controlled and made accountable. It determines the powers and duties of administrative authorities, the procedure followed by them in exercising their powers and discharging the duties and the remedies available to an aggrieved person when his rights are affected by an action on the part of such authorities. However some of the most important differences between the constitutional and administrative law of Pakistan are: 

Constitutional law is the supreme and highest law of the country. No law can be regarded above the law of constitution of Pakistan. Administrative Law is not the supreme law of the country rather it is subordinate to the constitutional law.

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Constitutional law deals with the basic principles outlining the structure, powers and functions of the organs of the government e.g. the executive, legislative and judiciary and other constitutional bodies like the Election Commission, Public Service Commission, etc, the administrative law deals in detail with the residual powers and functions of the administrative authorities of various department so the government. For example, how the composition of the executive, legislative and judiciary would be. What would be their nature, what basic functions they would discharge all these are subject matters of constitutional law? But the residue powers and functions of all officials of these departments, their duties, their control, their salaries, office agenda, settlement of disperses etc. are the subject matter of administrative law.

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Constitutional Law: It is the law of rest. This law creates institution at once and then gets sleep. However, Administrative Law is the law of motion. It gives movement to the institution once created by the constitution and keeps them operative forever.

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Constitutional law deals with all laws, all individuals and administrative bodies of the state thus it has wider scope. Administrative law deals only with law administrative authority and individual working under only that body thus its scope is limited.