Last Topic - Factor responsible for development of Administrative Law

1. Changed relations of Authorities and Citizens2. Origin of Welfare State Concept3. Inadequacy of the Legislations4. Shortage of Courts5. Technical Experts are with Administrative Organs6. Union of both Administrative & Judicial Function7. The Judicial System Proved Inadequate8. Pressure upon parliamentary time9. Technicality10. Flexibility11. Experiment12. Emergency13. Complexity of modern administration

Features of Administrative Law

Meaning FeatureContentFunctions

Meaning

Administrative Law procedures created by administrative agencies involving rules, regulations, applications, licenses, permits etc

Meaning ……

Two vital factors in dealing with administrative agencies1. The rules and regulations are often found only in those regulations 2. Administrative Remedies challenge the administrative ruling with a lawsuit in court.

Meaning …..

Administrative law can be a technical jungle, and Public Administrators can serve a lot from their knowledge

Feature

Now acts of governmental agencies/ Administrative under criticism

Feature ……

The Inside study offers a big-picture view of Administrative Law that looks at how all of the essential elements fit together as part of a balanced framework of theory and practice

Feature ……

Authorities are subject to inquiry in ordinary legal proceedings

Feature ……

The Role & Extent of Administrative Authorities

Feature ……

Who are administrative authorities? What is the nature and powers exercised by administrative authorities?

Feature ……

What are the limitations, if any, imposed on these powers? How the administration is kept restricted to its laminose?

Feature ……

What is the procedure followed by the administrative authorities? What remedies are available to persons adversely affected by administration?

Contents

Administrative Authorities and their formal dissection by the Law

Contents …..

What is Administrative Law?How to Approach Administrative Law?The Constitutional and Legal Framework

Contents …….

Where to Begin? Non-Judicial Review of Administrative ActionOther Avenues of Review: The Ombudsmen, Freedom of Information and the Right to ReasonsDelegated Legislation and Statutory Interpretation

Contents …….

Judicial Review, Jurisdiction, Justifiability and StandingDecisions Made Beyond PowerAbuse of Power

Contents …….

Refusal to Exercise a DiscretionProcedural Fairness (Natural Justice)The Content of the Hearing Rule

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The Bias Rule, Reasons and EvidenceSubstantive Fairness? Undertakings Regarding

the Future Exercise of PowerStatus of Unlawful Decisions and Ouster Clauses

Function

Administrative Law is generally refers to as the law relating to the control of government power “Except the Parliament”

Function …….

Administrative Authorities are subject to legal limitations since every kind of power is open to the chances of abuse

Function …….

Hence the primary purpose of Administrative Law is to keep the powers of the government within its legal limits in order to protect the citizens against their abuse

Function ……

In Pakistan system of administrative law, the cases involving the validity of government action are decided by ordinary courts and not special administrative courts

Administrative Agencies

Administrative agencies were created to handle crises that are beyond the expertise of Legislators and Judiciary

Functions of Agencies

Administrative agencies provide services directly to the public

Functions of ……

Administrative agencies serve three main functions 1. Rule-making 2. Adjudicating 3. Investigating

Function ……

Rule-makingIn rule-making, the agency takes laws passed by Parliament and adds the technical expertise need for them to apply to real-life situations

Function ……

AdjudicatingAgencies serve a judicial function when in-house lawyers and judges help individuals resolve disputes with the agency

Function ……

InvestigatingTo fond out the truth & to conclude the fact Agencies serve a investigative function to help individuals resolve disputes with the agency

Next Topic

Historical back ground of Constitutional & Administrative Law in Pakistan