Introduction to Administrative Law Flashcards
What is Administrative Law?
Branch of public law concerned with the relationship between individual and government agencies.
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Public law | relationship | Individual | Government agencies
What is the other name for “administrative law”?
Droit administratif.
What is the definition of administrative law according to Halsbury’s Laws of Malaysia - Administrative Law (Vol. 3(1))?
“…the law relating to the discharge of functions of a public nature in government and administration.”
It includes functions of public authorities and officers and of tribunals, judicial review of the exercise of those functions, the civil liability and legal protection of those purporting to exercise them, and aspects of the means whereby extra-judicial redress may be obtainable at the instance of persons aggrieved.
What is the main purpose of administrative law?
“…to ensure that the government acts within the limits of its power and that the government does not abuse its power. “
Acts within limits | doesn‘t abuse power
How is administrative law received and practiced in Malaysia?
Administrative Law is received and practiced in Malaysia as part of Common Law of England and by the authorisation of the Court of Judicature Act 1964 that the High Courts are empowered to issue:
1. Certiorari,
2. Prohibition,
3. Mandamus, and
4. Habeas corpus.
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Common Law of England | Court of Judicature Act 1964 | High Courts are empowered to issue:
- Certiorari,
- Prohibition,
- Mandamus, and
- Habeas corpus.
Who are administrators?
Public authorities, public bodies or government agencies entrusted with functions to perform task for the benefit of public and not for private profit.
Public authority or public body may vary according to statutory context.
Examples of administrators:
- Police,
- Immigration,
- Custom,
- Enforcement agencies,
- Governmental agencies officers,
- Health officers,
- Statutory body officers.
What is the definition of administrative law according to Wade & Phillips?
”..a branch of Public Law which is concerned with the composition, powers, duties, rights, and liabilities of various organs of government that are engaged in administration.”
What is the definition of administrative law according to **A.W. Bradley & K.D. Ewing
**?
“…it is that branch of public law concerned with the composition, procedures, powers, duties, rights and liabilities of the various organs of government which are engaged in administrating public policies”
What is the definition of administrative law according to **Griffith & Street
**?
“Administrative Law poses the most important problems of our time; the relationship between public power and personal rights. We are concern not merely powers and process of administration but with the controls of administration, legal and political, without which the essential balance between individual liberty and public good is impossible.”
What is the scope of administrative law?
1 - The structure , powers and function of the organ of administration;
2 - The limits of their powers;
3 - The methods and procedures they follow in exercising their powers and functions;
4 - The method by which their powers are controlled; and
5 - The legal remedies available to a person against them when his rights are infringed by their operation.
What is the relationship between administrative law and constitutional law?
- Constitutional Law deals with the structure, powers, and functions of the three organs of government and the rights of individuals under the government.
- Administrative Law regulates the duties and exercise of statutory powers by the administrative authorities and to give redress to the person affected by the administration action.
- Constitutional law: the what
- Administrative law: the how
Why is Administrative Law growing and expanding?
1 - Growth of administrative devices, function, and powers: Results in increased powers used by the government to provide for defense, maintain law and order, etc.
2 - Change in the philosophy of the role and function of the State (from laissez-faire to social welfare state): Laissez-faire denoted individualism ie- minimum govt control over private enterprise. State’s role – limited to defending the country from external aggression, maintaining law and order, etc.
What is the effect of laissez-faire to administrative law?
- Uncontrolled contractual freedom resulted in the stronger exploiting the weaker.
- Concentration of wealth in a few hands
- The management exploited labour, slum, child labour, unhealthy and dangerous conditions of work.
- Unhappiness of the majority & state intervention in the socio-economic welfare is required - concept of social welfare state emerged
What is the concept of social welfare state?
- State become an active instrument to promote the socioeconomic welfare of the people
- It builds roads, runs railway, postal and telephonic services, build houses, etc
What are the four functions of a Modern State?
1 - Protector: Defending the country against external or internal attacks.
2 - Provider: Providing social services and minimum welfare to the people to ensure a minimum standard of living (provisions of pensions, medical assistance, welfare benefits, etc);
3 - Regulator: Controlling various activities of the community (urban planning, environmental control, and regulation of economic activities of individuals);
4 - Entrepreneur: Undertaking several public undertakings and enterprises.
