Administrative Law (30)
Administrative Law regulates the powers, procedures, and acts of public administration. It applies to all public officials and public agencies. As distinguished from legislative and judicial authority, administrative authority entails the power to issue rules and regulations based on Proclamations and Regulations, grant licenses and permits to facilitate the conduct of government business, initiate investigations of and provide remedies for complaints or problems, and issue orders directing parties to conform to governing rules. This section will provide you Administrative law related articles.
Remedies The term remedy in this context refers to the varieties of awards/relieves that may be granted by the reviewing court following an application for judicial review. As a general rule, where any of the grounds justifying judicial review are there, a person complained against the agency decision has to…
Grounds of Judicial Review Needless to say those courts do not have an unlimited power to supervise the activities of administrative agencies. The principle of separation of powers dictates the various organs of the government to act within the scope of their respective sphere of powers and refrain from interfering…
The term ‘judicial review’ has different meaning and scope in different jurisdictions. For example, in the United States, judicial review refers to the power of a court to review the actions of public sector bodies in terms of their lawfulness, or to review the constitutionality of a statute or treaty,…
As it has been thoroughly discussed in the previous units, there are great possibilities that the three powers of government may be concentrated in the hands of many administrative agencies. The delegation of rulemaking and adjudicating powers to administrative agencies become an inevitable phenomenon of the complex technological world. In…
In this complex technological and democratic world, in addition to tribunals that investigate facts and apply laws to resolve specific administrative disputes, the formation of inquires that conduct fact and/or legal findings and provide recommendation to ministers or other agency heads to take policy considered action based on the findings…
Technically speaking, judicial power/function is the primary function of courts. As mentioned somewhere else, the FDRE Constitution expressly vested judicial power, both at the Federal and State levels in courts. This goes in line with the principle of separation of state powers. However, it does not necessarily imply that only…
Meaning and Nature of Tribunals The attempt to provide a uniformly applicable single definition of the term tribunal is more than difficulty. Even where the subject of discussion is one and the same, there are situations where different authorities use different terminologies having regard to the diverse social realities surrounding…
As was stated somewhere else, one of the striking features of adjudication is the existence of predetermined procedures that guide the decision-making process. The decision may be preceded by full-blown formal hearings that are similar to court trials or an informal process, which is just like a summary proceeding where…
The term ‘judicial review’ has different meaning and scope in different jurisdictions. For example, in the United States, judicial review refers to the power of a court to review the actions of public sector bodies in terms of their lawfulness, or to review the constitutionality of a statute or treaty,…
It is accepted at all hands that a rigid application of the doctrine of non-delegability of powers or separation of powers is neither desirable nor feasible in view of the new demand on the executive. The new role of the welfare state can be fulfilled only through the use of…
The term legislation refers to the process of making or enacting and repealing a positive law in written form by a branch of government constituted to perform this process, which is the legislature. The legislative organ of every country has the power to make laws on every matter concerning the…
Administrative law is mostly tied with the study of manner of exercise of governmental power. By governmental power here refers to power of the executive and administrative agencies. The evolution of administrative law may be traced back to the emergence and proliferation of agencies. The outstanding feature of administrative agencies…
Nature and Source of Power of Administrative Agencies At federal and state levels, administrative agencies gain whatever power they have by delegation-that is to say, that they don’t have inherent, constitutionally mandated power to act. Rather, a, higher level of government, normally the legislature, must delegate some of its own…
Administrative agencies are established by the legislator to perform specific tasks assigned to them by law. What they actually do is to enforce a specific law. They are usually charged with the day-to-day details of governing. The agencies carry out their tasks by making decisions of various sorts and supervising…