International Bachelor of LAW Program 2019-2020
Administrative Law Course Notes by 18024580 Page 1 of 14
Course Notes
Lecture 1: Introduction to Administrative Law
▪ Definition of Administrative law
The law concerning the powers and procedures of administrative agencies, including the law governing judicial
review of administrative action i.e. how the administrative bodies act towards the public.
- Laws establishing and governing public agencies and offices;
- Legal rules from administrative agencies;
- Procedures to remedy the legal injury;
- The Court rulings; and
- Laws governing administration.
Rules to performance of public functions
1. Public administrators must be able to do certain things ordinary citizens cannot (special responsibilities
and duties) e.g. a public administrator making and giving a passports.
2. The power public authorities have over citizens e.g. coercion, forcing another to act in an involuntary
manner by use of threats or force.
3. Public authorities have monopoly over certain activities → public accountability e.g. the state is
accountable for the pollution of the water recourses.
4. The Court system is an (independent) ‘branch’ of government. The Courts role in reviewing public
programs is by providing judicial restraint which defers to the political branches.
5. Governments can undertake ‘private actions’. They work with the private sector and knowledge
institutions to improve public-private partnership via e.g. public contracts, public property and public torts.
Administrative law covers
✓ Administrative authorities and their civil servants
✓ How administrative authorities get public powers
✓ Procedural rules for the use of public powers
✓ Substantive requirements administrative authorities have to take into account when using their powers
✓ Objection procedures and judicial protection against administrative action
Sources of Administrative Law
Constitution
Legislation
adopted by relevant authority (often
parliament)
Delegated Legislation
rules, directives, regulation issues
by relevant authority to
administrative agencies
Judicial
decisions
, International Bachelor of LAW Program 2019-2020
Administrative Law Course Notes by 18024580 Page 2 of 14
▪ The scope of administrative law
Public Law Private law
Public sector and relations between the Public Relations between Citizens
and Private sectors
State directly involved State indirectly involved
Example: Constitutional Law and Tax Law Example: Family Law, Tort Law and Commercial Law
The power of the state is to have procedural and substantive requirements to be able to interfere with
individuals their rights. Since there’s state interference, there should be legal remedies to compensate the
interference.
Substantive Law Procedural Law
What? How?
Which constitutes the great body of law and The law governing the machinery of the courts and
defines and regulates legal rights and duties. other methods by which both the state and the
individual enforce their rights in the several courts.
Examples: freedom of speech, right to property Example: presentation of proof, reasonable time period
▪ Trias Politica (Montesquieu)
Legislative power: The authority to make laws and to alter or repeal
them. Legislative power is chosen by and responsible to the people.
Executive power: The authority to executive and enforce law.
Judicial power: The authority given to the courts and its judges (1) to
preside over and render judgment on court-worthy cases; (2) to
enforce or void statutes and laws when scope or constitutionality are
questioned; and (3) to interpret statutes and laws when disputes arise.
Principles
Specific: rules and principles specific to a certain area of public administration.
General: rules and principles for public administration across the whole spectrum of public activity.
Proportionality: this implies that the Court has to necessarily go into the pros and cons of any
administrative action called into question – unless the administrative action is advantageous and in public’s
interest, such an action cannot be upheld.
Legality: this entails a duty on administrative decision-makers to give reasons for their decisions and
requires judges to defer to the extent that they find that the justification meets the applicable standard.
Accountability: political-administrative accountability requires the legislature and the government to be
accountable in fine to the public to ensure their democratic legitimacy, in contrast with legal accountability
where governmental and administrative actions are evaluated by referring to law.
▪ General principles constitute necessary rules for the functioning of the system and, are inducted from the
legal reasoning of those entitled to take legal decisions in the process of applying the law → legal doctrine.
▪ They constitute integrative tools of the system as they fill actual/potential legal gaps > compensate for
frequent lack of concrete conditions and limits.
▪ The Court is able to review concrete condition and weigh discretionary (administrative) powers.
Administrative Law Course Notes by 18024580 Page 1 of 14
Course Notes
Lecture 1: Introduction to Administrative Law
▪ Definition of Administrative law
The law concerning the powers and procedures of administrative agencies, including the law governing judicial
review of administrative action i.e. how the administrative bodies act towards the public.
- Laws establishing and governing public agencies and offices;
- Legal rules from administrative agencies;
- Procedures to remedy the legal injury;
- The Court rulings; and
- Laws governing administration.
Rules to performance of public functions
1. Public administrators must be able to do certain things ordinary citizens cannot (special responsibilities
and duties) e.g. a public administrator making and giving a passports.
2. The power public authorities have over citizens e.g. coercion, forcing another to act in an involuntary
manner by use of threats or force.
3. Public authorities have monopoly over certain activities → public accountability e.g. the state is
accountable for the pollution of the water recourses.
4. The Court system is an (independent) ‘branch’ of government. The Courts role in reviewing public
programs is by providing judicial restraint which defers to the political branches.
5. Governments can undertake ‘private actions’. They work with the private sector and knowledge
institutions to improve public-private partnership via e.g. public contracts, public property and public torts.
Administrative law covers
✓ Administrative authorities and their civil servants
✓ How administrative authorities get public powers
✓ Procedural rules for the use of public powers
✓ Substantive requirements administrative authorities have to take into account when using their powers
✓ Objection procedures and judicial protection against administrative action
Sources of Administrative Law
Constitution
Legislation
adopted by relevant authority (often
parliament)
Delegated Legislation
rules, directives, regulation issues
by relevant authority to
administrative agencies
Judicial
decisions
, International Bachelor of LAW Program 2019-2020
Administrative Law Course Notes by 18024580 Page 2 of 14
▪ The scope of administrative law
Public Law Private law
Public sector and relations between the Public Relations between Citizens
and Private sectors
State directly involved State indirectly involved
Example: Constitutional Law and Tax Law Example: Family Law, Tort Law and Commercial Law
The power of the state is to have procedural and substantive requirements to be able to interfere with
individuals their rights. Since there’s state interference, there should be legal remedies to compensate the
interference.
Substantive Law Procedural Law
What? How?
Which constitutes the great body of law and The law governing the machinery of the courts and
defines and regulates legal rights and duties. other methods by which both the state and the
individual enforce their rights in the several courts.
Examples: freedom of speech, right to property Example: presentation of proof, reasonable time period
▪ Trias Politica (Montesquieu)
Legislative power: The authority to make laws and to alter or repeal
them. Legislative power is chosen by and responsible to the people.
Executive power: The authority to executive and enforce law.
Judicial power: The authority given to the courts and its judges (1) to
preside over and render judgment on court-worthy cases; (2) to
enforce or void statutes and laws when scope or constitutionality are
questioned; and (3) to interpret statutes and laws when disputes arise.
Principles
Specific: rules and principles specific to a certain area of public administration.
General: rules and principles for public administration across the whole spectrum of public activity.
Proportionality: this implies that the Court has to necessarily go into the pros and cons of any
administrative action called into question – unless the administrative action is advantageous and in public’s
interest, such an action cannot be upheld.
Legality: this entails a duty on administrative decision-makers to give reasons for their decisions and
requires judges to defer to the extent that they find that the justification meets the applicable standard.
Accountability: political-administrative accountability requires the legislature and the government to be
accountable in fine to the public to ensure their democratic legitimacy, in contrast with legal accountability
where governmental and administrative actions are evaluated by referring to law.
▪ General principles constitute necessary rules for the functioning of the system and, are inducted from the
legal reasoning of those entitled to take legal decisions in the process of applying the law → legal doctrine.
▪ They constitute integrative tools of the system as they fill actual/potential legal gaps > compensate for
frequent lack of concrete conditions and limits.
▪ The Court is able to review concrete condition and weigh discretionary (administrative) powers.
