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LAW 309
INTRODUCTION TO
ADMINISTRATIVE LAW
POWER
POWEROFOFAN
AN CONTROLLING
ADMINISTRATOR CONTROLLING
ADMINISTRATIVE
ADMINISTRATIVELAW
LAW ADMINISTRATOR MECHANISM
MECHANISM
OR
OREXECUTIVE
EXECUTIVE
1.1.Davis
Davis
2.2.Dicey
Dicey
3.3.Jennings
Jennings 1.1.to
tomake
makesubsidiary
subsidiary
legislation IFIFBREACH
BREACH
4.4.Wade
Wade&& legislation
Phillips
Phillips 2.2.to
toadjudicate
adjudicatecases
casesinin
tribunals
5.5.Wade
Wade tribunals
6.6.Beatson
Beatson&& 3.3.to
tomake
makecontracts
contracts
Matthews
Matthews 4.4.to
toexercise
exercisediscretionary
discretionary
powers
7.7.Jain
Jain powers
5.5.to
todelegate
delegatefurther
furtherpower
power
REMEDIES
givento
given tothem
them REMEDIES
6.6.to
towithhold
withholdinformation
information
anddocument
and document
1.1.habeas
habeascorpus
corpus
2.2.injunction
injunction
3.3.certiorari
certiorari
4.4.mandamus
mandamus
5.5.prohibition
prohibitionorder
order
ADMINISTRATIVE LAW – THE WHOLE IDEA 6.6.declaration
declarationorder
order
3
DAVIS :
is the law concerning the powers and procedures of
administrative agencies, including especially the law
governing judicial review of administrative action.
DICEY :
• that portion of a nation’s legal system which determines
the legal status and liabilities of all state officials, which
defines the rights and liabilities of private individuals in
their dealings with public officials and which specifies the
procedure by which those rights and liabilities are
enforced
JENNING :
• Administrative law is the law relating to the
Administration. It determines the organisation, powers,
and duties of administrative authorities
WADE & PHILLIPS :
WADE :
• the law relating to the control of governmental
power.
RULE OF LAW
• Government must be conducted according to
law
• According to Aristotle : It was preferable to
have government by laws rather than
government by men
• According to Wade : everything must be done
according to law
The basic Rule of Law
Administration does not enjoy any power outside the
law
Distinction should be drawn between arbitrary and
discretionary powers
Rule of law is to draw a balance between public power
and private interests, provides for a control
mechanism over the administrative action and a
redress mechanism when the individual get hurt by
the administrative action.
The creation of a Tribunal shall not inconsistent with
the rule of law as they are used to control the
administrative powers and quick justice to individuals.
THE CONCEPT OF SEPARATION OF
POWERS
The concept of separation of powers means that
every body in the government will have its own
function separated each other.