ADMINISTRATIVE LAW
2025-2026
WEEK 1 – Administrative Law and Regulation
1. What Is Administrative Law?
Core Definition
• Administrative law governs the relationship between:
o The state (executive/administration)
o Citizens and private actors
• It controls how public authorities exercise power and how individuals are protected against
that power.
Key Characteristics of Administrative Law
• Administrative law is different from private law because of structural inequalities:
o Power asymmetry
§ The state and individuals are not equal
§ Public authorities can:
1. Act unilaterally
2. Change legal positions without consent
o Public interest
§ State action is justified by pursuing collective goals
§ Not private benefit or contractual freedom
o Monopoly powers of the state
§ Issuing licences (e.g. driving licences)
§ Imposing sanctions
§ Granting welfare benefits
§ Prohibiting or authorising activities
o Information asymmetry
§ The state often knows more about citizens than vice versa
§ Especially relevant in the digital age
, Administrative Law
Why Administrative Law Is Necessary
• Because of these asymmetries, state power must be constrained through:
o Legal principles (e.g. proportionality)
o Procedural safeguards (e.g. right to be heard)
o Judicial control
• Administrative law enables state action but also limits it.
2. What Does the Administration Do?
Typical Executive Functions
• The administration is the acting arm of the state. It:
o Enforces laws
o Issues policies
o Collects and processes information
o Provides public services
o Monitors service provision
o Issues regulations
• When laws or political decisions need to be implemented, the administration acts.
3. Administrative Law and Regulation: The Big Picture
• Administrative law is not only about institutions and procedures — it is deeply connected to
regulation.
What Is Regulation?
• Regulation refers to:
o Intentional attempts to influence behaviour in order to achieve public goals.
Page 2
, Administrative Law
4. What Is Regulation? (Yeung & Ranchordas)
Broad Definition of Regulation
• Yeung and Ranchordas adopt a broad concept of regulation, rejecting the idea that regulation is
only:
o State legislation
o Command-and-control rules
• Instead, regulation includes:
o Laws
o Administrative rules
o Standards and guidelines
o Incentives
o Self-regulation
o Co-regulation
• Regulation is about governing behaviour, not just making laws.
Regulation as Governance (Beyond the State)
• Regulation is no longer exercised only by governments.
• Regulatory actors include:
o National governments
o Independent regulatory agencies
o International organisations
o Private standard-setting bodies
o Firms and professional associations
o This reflects a shift from government → governance.
• Regulation often works through networks, not strict hierarchies.
Page 3
, Administrative Law
5. Law and Regulation: How Are They Related?
Law as a Regulatory Tool
• Law is a central tool of regulation, but not the only one
• Legal rules:
o Create rights and obligations
o Shape incentives
o Provide enforcement mechanisms
• However, regulation may also rely on:
o Market mechanisms
o Social norms
o Technology (e.g. “code as law”)
Key Distinction
• Law
o Formal
o Authoritative
o Enforceable by courts
• Regulation
o Broader concept
o Includes legal and non-legal tools
o Focused on steering behaviour
Comparative Views on Regulation
• Legalistic view
o Regulation should primarily operate through formal legal rules.
o Emphasizes:
§ legality
§ judicial review
§ accountability.
o Strong in continental European systems.
• Governance / regulatory network view
o Regulation is not limited to state law.
o Includes:
§ private standards
§ self-regulation
§ market incentives.
o More prominent in US and global governance models.
Critical debate
Page 4
2025-2026
WEEK 1 – Administrative Law and Regulation
1. What Is Administrative Law?
Core Definition
• Administrative law governs the relationship between:
o The state (executive/administration)
o Citizens and private actors
• It controls how public authorities exercise power and how individuals are protected against
that power.
Key Characteristics of Administrative Law
• Administrative law is different from private law because of structural inequalities:
o Power asymmetry
§ The state and individuals are not equal
§ Public authorities can:
1. Act unilaterally
2. Change legal positions without consent
o Public interest
§ State action is justified by pursuing collective goals
§ Not private benefit or contractual freedom
o Monopoly powers of the state
§ Issuing licences (e.g. driving licences)
§ Imposing sanctions
§ Granting welfare benefits
§ Prohibiting or authorising activities
o Information asymmetry
§ The state often knows more about citizens than vice versa
§ Especially relevant in the digital age
, Administrative Law
Why Administrative Law Is Necessary
• Because of these asymmetries, state power must be constrained through:
o Legal principles (e.g. proportionality)
o Procedural safeguards (e.g. right to be heard)
o Judicial control
• Administrative law enables state action but also limits it.
2. What Does the Administration Do?
Typical Executive Functions
• The administration is the acting arm of the state. It:
o Enforces laws
o Issues policies
o Collects and processes information
o Provides public services
o Monitors service provision
o Issues regulations
• When laws or political decisions need to be implemented, the administration acts.
3. Administrative Law and Regulation: The Big Picture
• Administrative law is not only about institutions and procedures — it is deeply connected to
regulation.
What Is Regulation?
• Regulation refers to:
o Intentional attempts to influence behaviour in order to achieve public goals.
Page 2
, Administrative Law
4. What Is Regulation? (Yeung & Ranchordas)
Broad Definition of Regulation
• Yeung and Ranchordas adopt a broad concept of regulation, rejecting the idea that regulation is
only:
o State legislation
o Command-and-control rules
• Instead, regulation includes:
o Laws
o Administrative rules
o Standards and guidelines
o Incentives
o Self-regulation
o Co-regulation
• Regulation is about governing behaviour, not just making laws.
Regulation as Governance (Beyond the State)
• Regulation is no longer exercised only by governments.
• Regulatory actors include:
o National governments
o Independent regulatory agencies
o International organisations
o Private standard-setting bodies
o Firms and professional associations
o This reflects a shift from government → governance.
• Regulation often works through networks, not strict hierarchies.
Page 3
, Administrative Law
5. Law and Regulation: How Are They Related?
Law as a Regulatory Tool
• Law is a central tool of regulation, but not the only one
• Legal rules:
o Create rights and obligations
o Shape incentives
o Provide enforcement mechanisms
• However, regulation may also rely on:
o Market mechanisms
o Social norms
o Technology (e.g. “code as law”)
Key Distinction
• Law
o Formal
o Authoritative
o Enforceable by courts
• Regulation
o Broader concept
o Includes legal and non-legal tools
o Focused on steering behaviour
Comparative Views on Regulation
• Legalistic view
o Regulation should primarily operate through formal legal rules.
o Emphasizes:
§ legality
§ judicial review
§ accountability.
o Strong in continental European systems.
• Governance / regulatory network view
o Regulation is not limited to state law.
o Includes:
§ private standards
§ self-regulation
§ market incentives.
o More prominent in US and global governance models.
Critical debate
Page 4
