Basic Concept of the Administrative Law

 Introduction: Administrative law is a branch of public law that is concerned with the procedures, rules, and regulations of a number of governmental agencies. Administrative law specifically deals with the such administrative agencies’ decision-making capabilities, as they carry out laws passed by state and federal legislatures. 

According to Garner Administrative Law involves/includes the studies of :

1. The institutions and administrative process

2. The principle sources of govermenta legal powers 

3. The mechanism /policies in respect of governmental actions may be examined where appropriate redress/remedies be afforded or excessible

4. The public corporations 

5. The administrations of local govt and the legal principles applying to local authorities 

According to Wade administrative Law is the law relating to the control of the Govt power.

Nature of Administrative Law: The nature of administrative law is concerned with safeguarding that public decision-makers act within the law and are, on this basis, accountable before the law, its development is due largely to a desire on the part of the courts to restore the balance of power and to safeguard the rights and interests of citizens.

The concept of Administrative Law is founded on the following principles:

a) Power is conferred on the administration by law

b) No power is absolute or uncontrolled howsoever broad the nature of the same might be.

c) There should be reasonable restrictions on exercise of such powers depending on the situation.

There are three functions of Administrative law:

1. pure administrative functions /executive administrative functions:there are three kinds of pure administrative functions 

I.administrative discretion 

II.ministerial function 

III.administrative instruction 

2. Judicial administrative functions:there are two kinds of judicial function 

I.Quasi judicial function 

II.pure judicial function 

3.Legislative administrative functions : there are two kinds of Legislative function:

I.pure Legislative function 

II.Quasi Legislative function

Characteristics of administrative law

1.Administrative law is common/monotonous 

2. It has autonomy power in it’s own general principles 

3.It is localized and nearly connected to the political institutions 

4. Administrative law is considered in ordinate and in moderate (because it’s a public law and does not considered remedial mechanism between the parties)  since it advance the scope towards civil society. 

5.Administrative law possess certain direct, indirect, secondary and primary sources and principles 

6.It can be applied throughout institutions of a government 

Applicable Legal principles of administrative Law: there are few common applicable legal principle's of Administrative Law, Such as

1. The principal of procedural conduct 

2. The principal of due process 

3. The principle of impartiality 

4. The principle of reasonableness 

5. The principle of natural Justice 

6. The principle of natural Justice 

7. The Rule of Law

8. The principle of legality 

9. The principle of ex officio promotion 

Purpose of Administrative Law:

Administrative Law regulates legal relations between public authorities and private individuals and bodies, and between a public authority and other public authorities. One of the primary functions of Administrative Law is to exert reasonable legal control over the way in which administrative authorities exercise their functions in order to ensure that these authorities do not exceed or abuse their powers. Administrative Law also has the positive role of facilitating good administration by enforcing the rules that are conducive to sound administration.

 It is not the function of the courts to usurp the role of administrators, and it is certainly not the role of the courts to obstruct the implementation of progressive legislation. The law thus tries to promote effective use of administrative power, whilst at the same time providing protection against misuse of power. It has been said that it tries to achieve a balance between public authorities and those with whom they interact, and in the process to ensure the maintenance of public interest.

Concluding Remark: Administrative law is part of the branch of law commonly referred to as public law, the law which regulates the relationship between the citizen and the state and which involves the exercise of state power. So, it is a part of the legal framework for public administration. Public administration is the day-to-day implementation of public policy and public programs in areas as diverse as immigration, social welfare, defense, and economic regulation—indeed in all areas of social and economic life in which public programs operate.

Administrative law consists of complaints respecting government action that adversely affects an individual. Thus, administrative law involves determining the legality of government actions. There is a two-fold analysis: the legality of the specific law itself and the legality of particular acts purportedly authorized by the specific law.