Syeda Sumaira Tabassum
Law: Lecturer 7
Administrative Law: An In-Depth
Study
Introduction
Administrative law is a vital branch of public law that constrains and controls
the exercise of power by administrative agencies. It ensures individuals’
rights are protected against arbitrary, unreasonable, or unlawful
administrative actions. Its primary function is to regulate governmental
activities, particularly in a highly technical and complex modern state.
I. Nature and Scope of Administrative Law
1. Nature of Administrative Law
Evolving from Common Law & Statutes: Originating from medieval
English practices, modern administrative law has expanded to regulate
complex government functions.
, Regulatory and Discretionary Power: It combines statutory authority
with executive discretion.
Accountability & Fairness: It acts as a check on the abuse of
administrative power, emphasizing fairness, transparency, and legality.
Subsidiarity with Judicial System: It works alongside courts, subjecting
administrative decisions to judicial review.
2. Scope of Administrative Law
Rule-Making & Delegated Legislation: Laws formulated by agencies
within powers delegated by primary legislation.
Quasi-Judicial Functions: Administrative tribunals act as courts in
settling disputes.
Enforcement & Investigation: Administrative agencies enforce laws,
investigate, and take disciplinary actions.
Adjudication & Dispute Resolution: Tribunals resolve disputes outside
traditional courts.
Protection of Fundamental Rights: Courts review administrative actions
for violations.
3. Key Features
Flexibility & Technicality: Allows quick adaptation to changing needs via
delegated legislation.
Procedural Fairness: Ensures fairness through principles of natural
justice.
Accountability & Oversight: Subject to judicial review, parliamentary
control.
II. Delegated Legislation
1. Definition & Nature
Delegated or subordinate legislation refers to rules, regulations, or bye-laws
made by an authority other than the legislature, authorized by the parent
Act.
2. Necessity & Justification
Provides flexibility and expediency.
Handles technical or detailed provisions.
3. Types
Law: Lecturer 7
Administrative Law: An In-Depth
Study
Introduction
Administrative law is a vital branch of public law that constrains and controls
the exercise of power by administrative agencies. It ensures individuals’
rights are protected against arbitrary, unreasonable, or unlawful
administrative actions. Its primary function is to regulate governmental
activities, particularly in a highly technical and complex modern state.
I. Nature and Scope of Administrative Law
1. Nature of Administrative Law
Evolving from Common Law & Statutes: Originating from medieval
English practices, modern administrative law has expanded to regulate
complex government functions.
, Regulatory and Discretionary Power: It combines statutory authority
with executive discretion.
Accountability & Fairness: It acts as a check on the abuse of
administrative power, emphasizing fairness, transparency, and legality.
Subsidiarity with Judicial System: It works alongside courts, subjecting
administrative decisions to judicial review.
2. Scope of Administrative Law
Rule-Making & Delegated Legislation: Laws formulated by agencies
within powers delegated by primary legislation.
Quasi-Judicial Functions: Administrative tribunals act as courts in
settling disputes.
Enforcement & Investigation: Administrative agencies enforce laws,
investigate, and take disciplinary actions.
Adjudication & Dispute Resolution: Tribunals resolve disputes outside
traditional courts.
Protection of Fundamental Rights: Courts review administrative actions
for violations.
3. Key Features
Flexibility & Technicality: Allows quick adaptation to changing needs via
delegated legislation.
Procedural Fairness: Ensures fairness through principles of natural
justice.
Accountability & Oversight: Subject to judicial review, parliamentary
control.
II. Delegated Legislation
1. Definition & Nature
Delegated or subordinate legislation refers to rules, regulations, or bye-laws
made by an authority other than the legislature, authorized by the parent
Act.
2. Necessity & Justification
Provides flexibility and expediency.
Handles technical or detailed provisions.
3. Types
