Administrative Law Notes
Definition of Administrative Law
Administrative law is the branch of law that regulates government agencies' powers, procedures,
and actions. It ensures that public administration operates within legal boundaries, promoting
accountability and fairness.
Nature of Administrative Law
1. Concerned with public administration and governance.
2. Deals with the functions and powers of government authorities.
3. Ensures legal control over administrative actions.
4. Aims to balance individual rights with state interests.
Scope of Administrative Law
1. Delegated legislation (laws made by executive authorities).
2. Administrative adjudication (dispute resolution by administrative bodies).
3. Judicial review of administrative actions.
4. Government contracts, public corporations, and regulatory authorities.
Sources of Administrative Law
1. Constitution: The supreme law guiding administrative actions.
2. Statutes: Laws passed by the legislature.
3. Judicial decisions: Court rulings interpreting administrative powers.
4. Delegated legislation: Rules and regulations made by authorities under statutory powers.
5. Reports and recommendations of commissions and committees.
Reasons for the Growth of Administrative Law
1. Increased functions of the state in social and economic activities.
2. Rise in regulatory mechanisms for public welfare.
3. Complexity of modern governance and technological advancements.
4. Need for specialized bodies to handle technical and administrative matters.
5. Expansion of delegated legislation and administrative tribunals.
Importance of Administrative Law in Modern Times
1. Ensures accountability and transparency in government actions.
2. Protects citizens' rights against arbitrary actions of the state.
3. Facilitates smooth functioning of public administration.
4. Provides legal remedies against administrative excesses.
5. Strengthens the rule of law and good governance.
Separation of Powers
The doctrine of separation of powers divides government into three branches:
1. Legislature (makes laws).
2. Executive (implements laws).
3. Judiciary (interprets laws).
It prevents concentration of power and ensures checks and balances in governance.
Rule of Law
The rule of law is a fundamental principle ensuring that laws govern a nation, not arbitrary decisions
by individuals. Its key principles include:
1. Supremacy of law: No one is above the law.
2. Equality before the law: All individuals are subject to the same laws.
3. Legal protection of fundamental rights: Laws must safeguard human rights.
4. Independent judiciary: Courts ensure fairness and justice.