Introduction to UK Administrative Law
What is Administrative Law?
Rules governing public bodies to ensure they act in a way which is legal, reasonable and fair.
Prevents misuse or abuse of power - Held accountable.
💡 Apart from Parliament (Sovereign) - All other public bodies are subordinate to the law.
Provides system of justice for individuals with grievances against public bodies.
Judicial and non-judicial mechanisms to challenge actions or decisions.
Individual human rights breaches - Human Rights Act 1998.
Maladministration (mismanagement such as delay, failure to follow law, failure to provide inform
keeping, etc.) by Government departments and the role of the Parliamentary Ombudsman - Pa
1967 (as amended)
Challenging public body decisions by judicial review - Senior Courts Act 1981 (as amended)
Importance
Practical ways to solve individual grievances against public bodies.
Wider public interest issues often addressed
Planning, financial services, export licenses, employment law, immigration, prisoners' r
inquiries, pollution control.
Public bodies have diverse powers and procedures - Need to make sure they act fairly & le
Ridge v Baldwin (1964) AC 40 (HL)
Chief Constable of Brighton prosecuted for conspiracy to obstruct course of justice and
Acquitted in two criminal trials but trial judge highly critical of leadership.
Watch Committee (responsible for overseeing work of local police force) dismissed Chi
opportunity to be heard or present his case.
HELD: Right to a fair hearing - Required opportunity to present case.
💡 "Natural justice" - Legal doctrine which requires an absence of bias - Nemo judex in
a fair hearing, Audi alteram partem.
What is Administrative Law?
Rules governing public bodies to ensure they act in a way which is legal, reasonable and fair.
Prevents misuse or abuse of power - Held accountable.
💡 Apart from Parliament (Sovereign) - All other public bodies are subordinate to the law.
Provides system of justice for individuals with grievances against public bodies.
Judicial and non-judicial mechanisms to challenge actions or decisions.
Individual human rights breaches - Human Rights Act 1998.
Maladministration (mismanagement such as delay, failure to follow law, failure to provide inform
keeping, etc.) by Government departments and the role of the Parliamentary Ombudsman - Pa
1967 (as amended)
Challenging public body decisions by judicial review - Senior Courts Act 1981 (as amended)
Importance
Practical ways to solve individual grievances against public bodies.
Wider public interest issues often addressed
Planning, financial services, export licenses, employment law, immigration, prisoners' r
inquiries, pollution control.
Public bodies have diverse powers and procedures - Need to make sure they act fairly & le
Ridge v Baldwin (1964) AC 40 (HL)
Chief Constable of Brighton prosecuted for conspiracy to obstruct course of justice and
Acquitted in two criminal trials but trial judge highly critical of leadership.
Watch Committee (responsible for overseeing work of local police force) dismissed Chi
opportunity to be heard or present his case.
HELD: Right to a fair hearing - Required opportunity to present case.
💡 "Natural justice" - Legal doctrine which requires an absence of bias - Nemo judex in
a fair hearing, Audi alteram partem.
