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14 Pages Topic Notes Year: Pre-2021 Previously uploaded under: 200013 - Administrative Law

INTRODUCTION TO ADMINISTRATIVE LAW WHAT IS ADMINISTRATIVE LAW? Administrative law is about challenging official power.  The challenge can be mounted by an individual, company or non-profit organisation.  Administrative law is also concerned with defining the powers of the state, as well as protecting, or limiting, the rights and liberties of members of society, whether they be citizens, non-citizens, business entities or other non-government bodies.  Anyone who is materially affected by a decision can usually qualify to seek review, either informally, or through a review agency or tribunal, or via a court. BOUNDARES OF ADMIN LAW Admin law is primarily an area of public law that regulates the relationship between the executive government and those it governs (relation between the individual and the state).  Ensuring that an administrative law body acts within the law.  There is a clear general line between administrative and constitutional law: the latter can invalidate legislation as unconstitutional, whereas the former cannot impugn legislation.  Administrative takes legislation as the binding authority, and asks whether it has truly authorised the executive decisions purportedly made with its authorisation. SEEING THE LAW IN CONTEXT  Diverse individuals and bodies exercise administrative power, including public servants, ministers of the Crown, vice-regal representatives, regulatory agencies, commissions, local councils, universities and even some non-gov organisations such as churches or sporting bodies. LEGACIES OF A TROUBLED HISTORY Professor Dicey, claimed that administrators were subject to the same “rule of law” as individuals and were liable for any illegal or arbitrary action in the ordinary courts of law. VALUES OF ADMINISTRATIVE LAW An Administrative Review Council (ARC) guide for tribunal members states that these values are of enduring relevance, and essential to engendering and maintaining public confidence in administrative decision-making:  Lawfulness


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