Administrative Law
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Administrative Law is a branch of law that deals with the legal principles and rules governing the actions and decisions of administrative agencies, public authorities, and other government bodies. It regulates the relationship between the government and its citizens, ensuring that the government acts within the bounds of the law and respects individual rights. Here are the topic you will learn in this module.
Introduction
The introduction to administrative law provides an overview of the field, explaining its purpose and significance. It discusses the role of administrative law in regulating the actions and decisions of administrative bodies and ensuring accountability and fairness in the administrative process.
Theory of Administrative Law
The theory of administrative law explores the underlying principles and concepts that guide the field. It examines fundamental notions such as the separation of powers, the rule of law, and the principle of legality. These concepts help to define the scope and limits of administrative authority and establish the framework for administrative decision-making.
Public Authorities
This topic focuses on public authorities, which are entities entrusted with governmental powers and responsibilities. It examines the nature and functions of public authorities, including their powers of decision-making, rulemaking, and enforcement. It also explores the legal frameworks that govern their actions and the mechanisms for holding them accountable.
Legislation
Legislation refers to the laws enacted by the legislature. This topic delves into the role of legislation in administrative law, exploring the process of creating laws, statutory interpretation, and the relationship between legislation and administrative decision-making. It examines how legislation shapes the powers and procedures of administrative bodies.
Delegated Legislation
Delegated legislation refers to laws made by entities other than the legislature, such as government agencies or ministers. This topic examines the sources, forms, and control of delegated legislation. It explores the reasons for delegating legislative power, the procedures for making delegated legislation, and the mechanisms for ensuring its validity and legality.
Rulemaking
Rulemaking involves the process by which administrative agencies formulate rules and regulations to implement laws and policies. This topic delves into the procedures and requirements for rulemaking, including the principles of consultation, publication, and public participation. It also addresses the limits of agency rulemaking power and the role of courts in reviewing and controlling administrative rules.
Judicial Review
Judicial review is the process by which courts review the legality and validity of administrative decisions. This topic explores the grounds and procedures for judicial review, examining the principles of natural justice, fairness, and reasonableness. It delves into the standard of review used by courts and the remedies available when administrative decisions are found to be unlawful.
Procedures and Remedies
This topic focuses on the procedures and remedies available for challenging administrative decisions. It discusses the different avenues of appeal, complaint, and judicial review that individuals or organisations can pursue when they are aggrieved by an administrative action. It also examines the principles of fairness, proportionality, and due process in administrative proceedings.
Illegality
Illegality refers to situations where an administrative decision or action is contrary to the law. This topic explores the concept of illegality in administrative law, discussing the circumstances under which administrative actions can be deemed unlawful. It examines the consequences of illegality and the remedies available to affected parties.
Procedural Impropriety
Procedural impropriety relates to failures to follow proper procedures in administrative decision-making. This topic delves into the requirements of procedural fairness, including the right to be heard, the duty to give reasons, and the prohibition of bias. It examines how procedural impropriety can lead to decisions being quashed or remitted for reconsideration.
Legitimate Expectation
Legitimate expectation is a legal principle that protects individuals' reasonable expectations of a certain outcome or treatment by administrative authorities. This topic explores the concept of legitimate expectation and its relevance in administrative law. It examines the conditions for establishing legitimate expectations and the remedies available when such expectations are breached.
Irrationality
Irrationality, also known as unreasonableness, refers to administrative decisions that are so unreasonable that no reasonable authority could have made them. This topic explores the criteria and standards used by courts to assess the rationality of administrative decisions. It also discusses cases where decisions are deemed irrational and the implications for judicial review.
Equality
The principle of equality ensures that individuals are treated fairly and without discrimination in administrative processes and decisions. This topic delves into the concept of equality in administrative law, examining its relationship with human rights and anti-discrimination laws. It explores how administrative bodies are required to consider and address equality issues in their decision-making.
Exclusion of Judicial Review
While judicial review is a fundamental aspect of administrative law, there are instances where it can be excluded or limited by legislation. This topic explores the circumstances in which judicial review may be precluded through the use of ouster clauses or other legal provisions. It examines the implications of such exclusions for administrative decision-making and the role of the courts.
Ombudsmen
Ombudsmen are independent officials appointed to investigate complaints against administrative bodies and promote fairness and good governance. This topic examines the role and powers of ombudsmen in administrative law. It explores their jurisdiction, procedures, and the remedies they can provide to aggrieved individuals or organisations.
Tribunals
Tribunals are specialised bodies that adjudicate disputes in specific areas of administrative law. This topic focuses on the nature, jurisdiction, and procedures of tribunals. It discusses their role in administrative decision-making, including their powers to make determinations and provide remedies. It also explores the principles of fairness and natural justice that apply in tribunal proceedings.
Public Inquiries
Public inquiries are formal investigations conducted to examine specific issues of public concern. This topic delves into the purpose, scope, and procedures of public inquiries. It discusses the appointment of inquiry panels, the gathering of evidence, and the making of recommendations. It also explores the impact of public inquiries on administrative decision-making and accountability.
Administrative Liability
Administrative liability refers to the responsibility and accountability of administrative bodies for their actions and decisions. This topic examines the principles of administrative liability, including the concept of ultra vires (acting beyond one's legal authority) and the remedies available for unlawful administrative conduct. It explores the circumstances in which administrative bodies can be held liable and the consequences of their actions.
Impact of ECHR
The European Convention on Human Rights (ECHR) is an international treaty that protects fundamental rights and freedoms. This topic explores the influence of the ECHR on administrative law. It discusses the incorporation of human rights principles into administrative decision-making, the duty of administrative bodies to act in accordance with the ECHR, and the role of courts in ensuring compliance with the convention.
Human Rights Act
The Human Rights Act is a UK legislation that incorporates the rights and freedoms protected by the ECHR into domestic law. This topic examines the provisions of the Human Rights Act and their impact on administrative decision-making and judicial review. It explores how human rights considerations are integrated into administrative processes and the remedies available for human rights violations.
Impact of EU Law
This topic focuses on the influence of European Union (EU) law on administrative law in the UK. It discusses the principles of supremacy and direct effect of EU law, exploring how EU law affects administrative decision-making and judicial review. It also considers the implications of Brexit and the withdrawal from the EU on the application of EU law in the UK administrative context.
These topics of Administrative Law collectively provide a comprehensive understanding of administrative law, covering its theoretical foundations, the powers and responsibilities of public authorities, the legislative framework, decision-making processes, judicial review, remedies, and the impact of human rights and EU law.
Introduction
The introduction to administrative law provides an overview of the field, explaining its purpose and significance. It discusses the role of administrative law in regulating the actions and decisions of administrative bodies and ensuring accountability and fairness in the administrative process.
Theory of Administrative Law
The theory of administrative law explores the underlying principles and concepts that guide the field. It examines fundamental notions such as the separation of powers, the rule of law, and the principle of legality. These concepts help to define the scope and limits of administrative authority and establish the framework for administrative decision-making.
Public Authorities
This topic focuses on public authorities, which are entities entrusted with governmental powers and responsibilities. It examines the nature and functions of public authorities, including their powers of decision-making, rulemaking, and enforcement. It also explores the legal frameworks that govern their actions and the mechanisms for holding them accountable.
Legislation
Legislation refers to the laws enacted by the legislature. This topic delves into the role of legislation in administrative law, exploring the process of creating laws, statutory interpretation, and the relationship between legislation and administrative decision-making. It examines how legislation shapes the powers and procedures of administrative bodies.
Delegated Legislation
Delegated legislation refers to laws made by entities other than the legislature, such as government agencies or ministers. This topic examines the sources, forms, and control of delegated legislation. It explores the reasons for delegating legislative power, the procedures for making delegated legislation, and the mechanisms for ensuring its validity and legality.
Rulemaking
Rulemaking involves the process by which administrative agencies formulate rules and regulations to implement laws and policies. This topic delves into the procedures and requirements for rulemaking, including the principles of consultation, publication, and public participation. It also addresses the limits of agency rulemaking power and the role of courts in reviewing and controlling administrative rules.
Judicial Review
Judicial review is the process by which courts review the legality and validity of administrative decisions. This topic explores the grounds and procedures for judicial review, examining the principles of natural justice, fairness, and reasonableness. It delves into the standard of review used by courts and the remedies available when administrative decisions are found to be unlawful.
Procedures and Remedies
This topic focuses on the procedures and remedies available for challenging administrative decisions. It discusses the different avenues of appeal, complaint, and judicial review that individuals or organisations can pursue when they are aggrieved by an administrative action. It also examines the principles of fairness, proportionality, and due process in administrative proceedings.
Illegality
Illegality refers to situations where an administrative decision or action is contrary to the law. This topic explores the concept of illegality in administrative law, discussing the circumstances under which administrative actions can be deemed unlawful. It examines the consequences of illegality and the remedies available to affected parties.
Procedural Impropriety
Procedural impropriety relates to failures to follow proper procedures in administrative decision-making. This topic delves into the requirements of procedural fairness, including the right to be heard, the duty to give reasons, and the prohibition of bias. It examines how procedural impropriety can lead to decisions being quashed or remitted for reconsideration.
Legitimate Expectation
Legitimate expectation is a legal principle that protects individuals' reasonable expectations of a certain outcome or treatment by administrative authorities. This topic explores the concept of legitimate expectation and its relevance in administrative law. It examines the conditions for establishing legitimate expectations and the remedies available when such expectations are breached.
Irrationality
Irrationality, also known as unreasonableness, refers to administrative decisions that are so unreasonable that no reasonable authority could have made them. This topic explores the criteria and standards used by courts to assess the rationality of administrative decisions. It also discusses cases where decisions are deemed irrational and the implications for judicial review.
Equality
The principle of equality ensures that individuals are treated fairly and without discrimination in administrative processes and decisions. This topic delves into the concept of equality in administrative law, examining its relationship with human rights and anti-discrimination laws. It explores how administrative bodies are required to consider and address equality issues in their decision-making.
Exclusion of Judicial Review
While judicial review is a fundamental aspect of administrative law, there are instances where it can be excluded or limited by legislation. This topic explores the circumstances in which judicial review may be precluded through the use of ouster clauses or other legal provisions. It examines the implications of such exclusions for administrative decision-making and the role of the courts.
Ombudsmen
Ombudsmen are independent officials appointed to investigate complaints against administrative bodies and promote fairness and good governance. This topic examines the role and powers of ombudsmen in administrative law. It explores their jurisdiction, procedures, and the remedies they can provide to aggrieved individuals or organisations.
Tribunals
Tribunals are specialised bodies that adjudicate disputes in specific areas of administrative law. This topic focuses on the nature, jurisdiction, and procedures of tribunals. It discusses their role in administrative decision-making, including their powers to make determinations and provide remedies. It also explores the principles of fairness and natural justice that apply in tribunal proceedings.
Public Inquiries
Public inquiries are formal investigations conducted to examine specific issues of public concern. This topic delves into the purpose, scope, and procedures of public inquiries. It discusses the appointment of inquiry panels, the gathering of evidence, and the making of recommendations. It also explores the impact of public inquiries on administrative decision-making and accountability.
Administrative Liability
Administrative liability refers to the responsibility and accountability of administrative bodies for their actions and decisions. This topic examines the principles of administrative liability, including the concept of ultra vires (acting beyond one's legal authority) and the remedies available for unlawful administrative conduct. It explores the circumstances in which administrative bodies can be held liable and the consequences of their actions.
Impact of ECHR
The European Convention on Human Rights (ECHR) is an international treaty that protects fundamental rights and freedoms. This topic explores the influence of the ECHR on administrative law. It discusses the incorporation of human rights principles into administrative decision-making, the duty of administrative bodies to act in accordance with the ECHR, and the role of courts in ensuring compliance with the convention.
Human Rights Act
The Human Rights Act is a UK legislation that incorporates the rights and freedoms protected by the ECHR into domestic law. This topic examines the provisions of the Human Rights Act and their impact on administrative decision-making and judicial review. It explores how human rights considerations are integrated into administrative processes and the remedies available for human rights violations.
Impact of EU Law
This topic focuses on the influence of European Union (EU) law on administrative law in the UK. It discusses the principles of supremacy and direct effect of EU law, exploring how EU law affects administrative decision-making and judicial review. It also considers the implications of Brexit and the withdrawal from the EU on the application of EU law in the UK administrative context.
These topics of Administrative Law collectively provide a comprehensive understanding of administrative law, covering its theoretical foundations, the powers and responsibilities of public authorities, the legislative framework, decision-making processes, judicial review, remedies, and the impact of human rights and EU law.
