Administrative Law - 1

Definitions

Administrative Law is the body of law that allows for the creation of public regulatory agencies and contains all of the statutes, judicial decisions, and regulations that govern them. It is created by administrative agencies to implement their powers and duties in the form of rules, regulations, orders, and decisions. Administrative procedure constitutes the methods and processes before administrative agencies, as distinguished from judicial procedure, which applies to courts. In framing this definition powers rather than rights and liabilities are of primary importance. So, administrative law is first and foremost concerned with the discretion which normally accompanies the grant of power. 

Austin regarded Administrative Law as determining the ends and modes to and in which the sovereign powers shall be exercised. They shall be exercised: 

1. Directly by the monarch or sovereign member; or

2. Directly by the subordinate political superiors to whom portions of those are delegated or committed in trust. 

Holland gave Administrative Law as one of his six divisions of public law. The first was constitutional law as dealing with structure; the second Administrative Law as being concerned with function. 

Jennings defines Administrative Law as follows “Administrative Law is the law relating to the Administration. It determines the organization powers and duties of administration authorities”.

Bernard Schwartz in his book “An introduction to American Administrative Law 1985” defines administration law as the law applicable to those administrative agencies which posses powers of delegated legislation and or adjudicatory authority. 

Davies in his “Administrative Law 1951” defines it as the law concerning the powers and procedure of administrative agencies. 

Wade and Philips defines it as the law relating to the organization and service performed by the various administrative agencies of government. It deals with the powers of all such bodies and determines their rights and duties. 

In particular, Administrative Law is the law which governs the relation between the State and the individual. Recording his assessment of Administrative Law, Dicey said that it is the law which determines:

1. The position and liabilities of all State officials;

2. The civil rights and liabilities of private individuals in their dealings with officials as representatives of the State; and

3. The procedure by which these rights and liabilities are enforced.