What is Administrative Law? Nature, Scope, Principles

What is administrative law is an important question in the minds of many aspirants. The field of administrative law covers the legal rules governing public bodies, their actions, powers and duties. It explores how authorities organise themselves, make decisions, and respond to legal review by courts. Understanding administrative law is important because it helps students see how executive agencies operate within the rule of law and how individuals and groups obtain remedies when rights are affected. 

What is Administrative Law?

Administrative law is the law that deals with the administration and administrative agencies. It examines the powers of those bodies, how they act and how they are held accountable. According to one legal authority, administrative law “determines the organisation, powers and duties of administrative authorities”. It also deals with rule‑making, quasi‑judicial functions and judicial supervision of state action. In addition, administrative law helps to ensure that public authorities act fairly and within the limits of their legal powers.

Nature and Scope of Administrative Law

The nature and scope of administrative law explain where this branch of law applies and how wide its reach is. Administrative law is primarily made by the judge rather than fully codified by statute. It developed because the state began to engage in much wider activities, and there was a need for legal control over administrative powers. In addition, administrative law examines both bodies that make rules and decisions beyond the legislature or judiciary. Here are the quick details of the nature and scope of administrative law:

• It governs relationships between individuals and government agencies.

• It includes delegated (or subordinate) legislation by administrative bodies.

• It provides mechanisms for control, such as judicial review and tribunals.

• It deals with both procedural and substantive legal questions regarding administrative action.

• It examines the powers that are derived from statute and how they are used in practice.
  
  

Difference Between Administrative Law And Constitutional Law

Constitutional law sets out the basic structure of the state, the powers of the constitution‑making bodies and fundamental rights. Administrative law works within that framework to regulate administrative bodies. While constitutional law is the higher law and supreme, administrative law is subordinate and deals with specific administrative powers and functions. From here, candidates can learn about the differences between these two kinds of laws:

Principles Of Natural Justice In Administrative Law

The principles of natural justice in administrative law form the standards that administrative bodies must observe when exercising decision‑making powers. These principles ensure fairness, unbiased decision‑making and a right to be heard. They are essential when administrative authorities act in quasi‑judicial or adjudicatory capacities. At the same time, these principles form part of the control mechanism of administrative law, helping ensure that discretion is exercised in line with the law.

The following are the important principles of natural justice in Administrative Law

• Rule against bias (nemo judex in causa sua): No one can decide a case in which they have an interest.

• The right to a fair hearing (audi alteram partem): The affected person must be given a chance to present their case.

• Reasoned decision and transparency: The decision‑maker should provide reasons and act in a way that justice is both done and seen to be done.
  
  

What Do We Study Under Administrative Law?

The study of administrative law introduces aspirants to a variety of topics that cover different facets of administrative power and control. It goes beyond definition and deals with how those powers are exercised, the bodies that carry out those powers and how the law restricts or controls them. Here is what students can study under administrative law:

• Evolution of administrative law and its historical background.

• Relationship between administrative law and constitutional law.

• Legislative functions of administration that include delegated legislation.

• Judicial and adjudicatory functions of administration, such as tribunals and review.

• Principles of Natural Justice in Administrative Law​ and its procedural functions.

• Control mechanisms like judicial review, ombudsman, and administrative remedies.

Legislative Functions of Administration

The legislative functions of administration refer to the power of administrative bodies to make rules, regulations or delegated legislation. This area examines how the legislature entrusts power to executive or administrative authorities to deal with issues that need flexible regulation. Administrative law looks at how legitimacy, procedure and control apply in these cases. Such functions may include making rules that have the force of law and creating administrative regulations under statute.

• Delegated legislation: when the legislature gives power to an administrative body to make law. 

• Procedural control: requirements such as publishing rules or inviting representations before rule‑making. 

• Parliamentary control: rules or regulations must be laid before Parliament or subject to legislative oversight. 

Judicial control: courts can review delegated legislation for being ultra vires, arbitrary or discriminatory.

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