Law Administrative law is a branch of law that governs the activities of administrative agencies of government. It involves the rules, regulations, and procedures enacted by government entities responsible for implementing and enforcing laws. Administrative law encompasses a wide range of areas, including rulemaking, adjudication, enforcement of regulations, and the judicial review of agency decisions. It ensures that these agencies act within their authority and comply with the law, providing a framework for accountability and transparency in governmental decision-making processes.
Overview of Administrative Law Definition and Scope Definition Understanding the concept of administrative law Differentiating from other types of law (e.g., constitutional law, criminal law) Scope Jurisdiction of administrative law Areas of life regulated by administrative law (health, safety, environment, etc.) International aspects and globalization of administrative law Importance and Purpose Ensuring fair procedures and processes of governmental agencies Balancing governmental power and individual rights Promoting transparency and accountability in government actions Facilitating efficient administration of laws and policies Sources of Administrative Law Constitutions Constitution as a foundation for administrative law Constitutional provisions affecting administrative procedures Statutory Law Role of legislature in creating laws that empower agencies Specific statutes governing agency operations and mandates Case Law (Judicial Decisions) Role of courts in interpreting administrative law Precedents in administrative law shaping agency authority and actions Administrative Rules and Regulations Regulations created by agencies Legal status and impact of agency regulations and rules Difference between regulations and statutory laws Executive Orders and Directives Orders issued by executives affecting administration Impact of executive directives on agency functions Historical Development Evolution from common law traditions Milestones in the development of administrative law Influence of major historical events on administrative procedures Principles of Administrative Law Rule of Law Application of the rule of law in administrative proceedings Legal control of administrative actions by law Duty to Act Fairly Principles of natural justice (e.g., hearing both sides) Obligation of rational decision-making Proportionality Ensuring administrative actions are proportionate to the intended outcomes Judicial review of proportionality in administrative decisions Legal Certainty Predictability and clarity in administrative rulemaking and adjudication Protection of legitimate expectations Functions of Administrative Law Regulation and Policy Enforcement Role in ensuring compliance with laws and regulations Mechanisms for the enforcement of policies Licensing and Authorization Processes for obtaining necessary governmental permissions Agencies’ authority in granting or denying licenses Rulemaking and Legislation How agencies formulate rules The delegation of legislative power to administrative bodies Adjudication and Dispute Resolution Resolving disputes between agencies and individuals or entities Procedures for administrative adjudication Impact on Society Influences on business operations and economic activities Protection of public interest and welfare through regulation Role in advancing social justice and equality through policy implementation Contemporary Issues and Challenges Addressing regulatory capture and bias Managing complexity and scope of regulation in modern societies Adapting to technological advancements and digital governance Balancing public interest and economic freedoms in regulatory measures