Administrative law +mischief key notes

Administrative Law

A set of instructions to public officials about how they should exercise their powers to implement public policy within a constitutional democracy.

Scope of Administrative Law

Concerns the composition, procedures, powers, duties, rights, and liabilities of government organs engaged in administering public policies.

Decision-Making in Administrative Law

Regulates the decision-making processes by the executive and its agents on matters like planning applications and resource distribution.

Rule-Making in Administrative Law

Involves government ministers enacting secondary legislation to elaborate on policy frameworks established by Acts of Parliament.

Key Concerns of Administrative Law

Identifies legal powers, limits decision and rule-making powers, and ensures enforcement of these limits within a democracy.

Functions of Administrative Law

Constrains executive power to protect citizens from arbitrary decisions and facilitates responsible government that promotes public interest.

Legal Authority in Administrative Law

Governments must have legal authority to act; decisions made without it are unlawful.

'Golden Rule' of Administrative Law

Public decision makers must provide a legal basis for their actions, such as statute or prerogative power.

Discretionary Powers

Authorities have broad discretionary powers, which can lead to both efficient governance and potential abuse.

Legal Norms in Administrative Law

Developed to protect citizens against arbitrary decisions, requiring rational use of powers and adherence to procedural fairness.

Good Governance

Beyond legality, it includes ethical behavior such as integrity, accountability, and transparency in public decision-making.

Public Interest

Administrative law promotes government actions that advance the public interest fairly and transparently.