Administrative law is an essential component of any modern legal system, serving as the backbone of governance by regulating the activities of administrative agencies. Rooted in the principle of separation of powers, administrative law governs the functions of these agencies, ensuring they operate within legal boundaries while fulfilling their designated roles.
Administrative law, sometimes known as “public law,” is a body of legislation that has evolved rules designed to make sure public authorities behave in a manner that is lawful, rational, and equitable. It offers a means of contesting poor leadership or the misappropriation or abuse of authority by a government agency.
What is administrative law
What is administrative law, exactly? The legal framework governing administrative activities is known as administrative law. Ivor Jennings states that the law pertaining to administration is known as administrative law. It establishes the structure, responsibilities, and authority of administrative authorities.
It covers laws pertaining to the authority of administrative bodies to make rules, the quasi-judicial role of administrative agencies, the legal responsibility of public authorities, and the ability of regular courts to monitor administrative authorities. It supervises and guarantees the executive’s equitable treatment of the people.
Public law includes administrative law as a subset. It addresses how people interact with their government. It establishes the composition and hierarchy of the quasi-judicial and administrative agencies that carry out law enforcement. It principally addresses official acts and protocols and establishes a control system to ensure administrative agencies operate within legal boundaries.
Administrative law, however, is not codified. The legislation was created by judges and changed throughout time.
Definition of Administrative Law
According to the Oxford Dictionary of law, “administrative law is the branch of public law governing the exercise of powers and duties by public authorities. It is particularly concerned with the control of public power by judicial review and by non-judicial mechanisms such as individual and collective ministerial responsibility, and the works of the parliamentary Ombudsman, the commission for local administration, and other commissioners or ombudsmen. There is no universally accepted demarcation of the area of administrative law, but it conventionally includes tribunals and inquiries as well as central and local government.”
One description of administrative law is that it is the “most outstanding legal development of the twentieth century.” That does not imply that no nation did not have administrative law prior to the twentieth century. Administrative law is connected to public administration and should be considered to have existed in one form or another in every nation with a government. Being an integral part of organized administration, it is just as old as the administration itself. In the words of a scholar: “Since administrative law is the law that governs, and is applied by, the executive branch of government, it must be as old as that branch.”
It is often thought of as the branch of law that deals with governmental power control. In practical terms, they relate to the Royal prerogative, legislation of different kinds originating from the European Union (EU), and powers derived from, or responsibilities imposed by statute law (primary and subordinate). One key function of administrative law is thus to control decision-making based on these powers, whether at the level of central government, at the level of devolved government, or at the level of local government.
It contains overarching guidelines that may be used to govern how authorities use their mandates and powers in order to guarantee that the vast array of regulations and latitude that the executive branch and other public decision-makers have to work within fundamental bounds of justice and law.
The purported goal of these principles is to guarantee that, in addition to the rule of law, there is accountability, openness, and efficacy in the exercise of authority in the public sphere.
It should be obvious by now that this is an enormous arena. Regretfully, there isn’t a widely acknowledged approach of segmenting it, to objectively separate one area of interest from another. However, we may enumerate, for the purpose of convenience, the usually concerned activities: social security, health, housing, planning, education, immigration, the use of force by the police and local and federal governments, courts, and inquiries.
It will also be seen that they generally align with the primary functions of the contemporary state. various ideas together provide the foundation of what is known as administrative law, to the extent that it is feasible to pinpoint a shared set of guidelines and practices that are applicable in various domains.
Administrative law, in its widest meaning, is the study of decision-making processes within those branches of our government that are neither legislature nor courts. These organizations, also known as administrative agencies, are often found in the executive branch of government and are in charge of managing day-to-day administrative matters.
Origins of Administrative Law
The roots of administrative law can be traced back to ancient civilizations, where rulers appointed officials to manage governmental affairs. However, its formal development began during the rise of the administrative state in the 19th century, particularly in Europe and the United States.
European Influence
In Europe, administrative law emerged as a response to the growing complexity of governmental functions. Influential legal theorists such as Georg Jellinek and Hans Kelsen laid the groundwork for administrative law by examining the relationship between the state and its administrative bodies. Their insights paved the way for the codification of administrative procedures and the establishment of judicial review mechanisms.
American Evolution
In the United States, administrative law evolved alongside the expansion of the federal government. The Administrative Procedure Act (APA) of 1946 was a landmark legislation that standardized administrative procedures and provided a framework for judicial oversight. Additionally, key judicial decisions, including Marbury v. Madison and Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., shaped the contours of administrative law by defining the scope of agency authority and the limits of judicial review.
Characteristics of administrative Law
Certain functions and characteristics of administrative law flow from the above, broad, definition: It has a control function, acting in a negative
(a) sense as a brake or check in respect of the unlawful exercise or abuse of governmental/administrative power.
(b) It can have a command function by making public bodies perform their public duties, including the exercise of discretion under a statute.
(c) It embodies positive principles to facilitate good administrative practice, for example in ensuring that the rules of natural justice or fairness are adhered to.
(d) It operates to provide for accountability and transparency, including participation by interested individuals and parties in the process of government, e.g., through membership of a pressure or interest group such as Greenpeace.
(e) It may provide a remedy for grievances occasioned at the hands of public authorities.
Legal and Non-legal remedy under administrative law
An ombudsman, local councilors, MPs, or internal grievance procedures (like those in the NHS) are some examples of non-legal remedies that will handle some of the aforementioned issues informally. Alternatively, the resolution of such grievances will be by means of a legal remedy. Legal remedies may also be found in tribunal processes related to social security and immigration, although judicial review is the most well-known of them all. It is important to remember the difference between non-legal and legal remedies.
Examples of administrative Law
The internet neutrality debate serves as an example of how administrative law functions. Regarding how they set up data prices, charge consumers, and oversee these services, internet companies desired deregulation adjustments. Their proposed regulatory changes would have permitted tactics like charging users more for quicker internet access and charging a charge for internet access altogether, as well as preferring the transmission of their own firms’ content over that of other enterprises.
This attempt sparked controversy and raised worries about the maintenance of net neutrality. The administrative statutes that delineate the commission’s jurisdiction provide regulatory authority upon the FCC with respect to certain subjects. These underlying administrative statutes also shape the processes and actions that the FCC may adopt with respect to the proposed modifications.
Prior to the commission’s decision on December 14, 2017, to repeal net neutrality regulations, the FCC invited public input on the proposal. Under the Congressional Review Act, Congress has the authority to overturn federal rules, thus it could have reversed that decision.
In order to take such action, a joint resolution must be passed in 60 legislative days. The new regulations took effect on June 10, 2018, despite the House of Representatives’ failure to abide by the Senate’s May 15, 2018, decision to do precisely so.
Following this very contentious decision, over 29 states have taken action to uphold net neutrality; however, it is unclear if these governments have the legal authority to do so.
Key Principles of Administrative Law
Rule of Law
Central to administrative law is the principle of rule of law, which mandates that governmental actions must be based on legal authority and subject to judicial scrutiny. This principle ensures accountability, transparency, and adherence to legal norms, safeguarding individual rights against arbitrary exercise of state power.
Separation of Powers
Administrative law embodies the principle of separation of powers, delineating the respective roles of the executive, legislative, and judicial branches of government. While administrative agencies are vested with rulemaking and enforcement authority, they are subject to oversight by the judiciary to prevent encroachment on constitutional rights and maintain the balance of power.
Due Process
Due process is a fundamental tenet of administrative law, guaranteeing individuals the right to fair treatment and procedural fairness in administrative proceedings. This includes the right to notice, opportunity to be heard, and impartial adjudication, ensuring that decisions are based on evidence and legal standards.
Evolution of Administrative Agencies
Growth and Specialization
Over the years, administrative agencies have proliferated in response to the expanding scope of governmental functions and societal needs. From regulatory bodies overseeing industries such as environmental protection and consumer safety to administrative tribunals adjudicating disputes in labor relations and social welfare, these agencies play a crucial role in shaping public policy and ensuring the delivery of essential services.
Adaptation to Technological Advancements
In the digital age, administrative agencies have embraced technological advancements to enhance efficiency and accessibility. Online portals, electronic filing systems, and data analytics tools have revolutionized administrative processes, enabling agencies to streamline operations, improve decision-making, and provide greater transparency to the public.
Contemporary Challenges and Future Outlook
Regulatory Complexity
Administrative law faces challenges stemming from the increasing complexity of regulatory frameworks and the proliferation of administrative agencies. Navigating overlapping jurisdictions, conflicting regulations, and bureaucratic red tape poses obstacles for businesses, individuals, and policymakers alike, highlighting the need for administrative reform and regulatory simplification.
Judicial Deference
The doctrine of judicial deference, particularly under the Chevron deference framework, has been a subject of debate and critique. Critics argue that deference to agency interpretations of ambiguous statutes undermines judicial independence and accountability, while proponents contend that it promotes expertise and efficiency in regulatory decision-making.
Digital Governance
As society becomes increasingly reliant on digital technologies, digital governance presents both opportunities and challenges for administrative law. Issues such as data privacy, cybersecurity, and algorithmic bias raise novel legal questions regarding the regulation of emerging technologies and the protection of individual rights in the digital realm.
Closure
The legislation that regulates the government, controls how it operates, and shields the public from abuses of power committed by the executive branch or any of its agencies is known as administrative law. It is a relatively young area of law that has developed throughout time and will keep developing in response to the changing demands of society. Administrative law seeks to align the executive’s discretionary powers with the rule of law, rather than to eliminate them
The history of administrative law reflects the evolution of governance and the complexities of modern society. From its origins in ancient civilizations to its contemporary manifestations in the digital age, administrative law continues to shape the relationship between the state and its citizens, ensuring accountability, fairness, and the rule of law. As we confront the challenges of regulatory complexity, judicial deference, and digital governance, it is imperative to uphold the principles of administrative law and adapt to the changing needs of society.