NTRODUCTIONThe main trust of this paper is to explain what administrative law is and, making reference to the case law discuss its functions in the government of country. This paper will start by defining the key term administrative law. Thereafter, a comprehensive discuss on the main topic will follow and a conclusion will be drawn to wrap up the discuss administrative law is the bod of law created by administrative agencies in the form of rules regulations, orders, decisions to carry out regulatory powers and duties of such agencies.Administrative law is concerned with the exercise of allocated power.
The power may be allocated by statute or delegated by statute. An example is all service commissions under the constitution act for and on behalf of the president. Paul Jackson 2001. Administrative law not only addresses a wide and varied array of government actions, it also draws its pedigree from a variety of legal sources. Administrative law, as a body of law is part constitutional law, part statutory law, part common law. The organization and structures of administrative agencies can be shaped by the constitutions or statutes. Administrative law, in all its varied forms, speaks ultimately to how government authority can and ought to be exercised. By directing when and how governmental power can be employed, administrative law necessity confronts central questions of political theory, particularly the challenge of reconciling decision- making by unelected administrators with democratic principles.
The study of administrative law is characterized in part by prescriptive efforts to design rules that better promote democratic and other values, including fairness, effectiveness and efficiency. As such, administrative law is also characterized by positive efforts to explain the behavior of governmental organizations and understand how law influences this behavior. Administrative minimalists emphasize the electoral accountability of the legislature, and conclude that and legislature delegations to agencies should be narrowly constructed. 1 Administrative law is the body of law and legal works that deals with government agencies. Lawmakers create government agencies to carry out laws and administers the functions of government. These agencies create, implement and enforce regulations.
all of these work that goes into these activities falls under category of administrative law. The term administrative law is a broad term that encompasses many different types of law. The lawyer that practices administrative law might never see a courtroom. On the other hand, a different administrative Lawyer might spend the vast majority of their practice filling legal documents and arguing with the judges in a formal setting.
As long as the person spends their practice carrying out government work or working with government regulations, they’re an administrative lawyer. Administrative law begins with a legislative body. At the federal level, It’s the united states of America USA congress.
At the state level, its state representatives. There are even local town councils and country commissions that can make rules. When these organizations create law, they either directly create the law or they create an agency that task with creating the law. Once the legislative body create the law or the agency, the agency sets to work implementing the law or making rules. They may need to develop procedures such as creating official forms or timelines. They might also create regulations that have the same effect as law.
Administrative law is considered a branch of public law. As a body of law administrative law deals with the decision –making of administrative units of government (for example, tribunals, boards or commissions) that are part of a national regulatory scheme in such areas as police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Garner, James W.19242Administrative law determines the organization, powers and duties of administrative authorities. It contains both the principles and detailed rules relating to the structure, organization, functions and powers, and supervision of their relations with other authorities. Administrative authorities as Ministers in Central Government, government departments, local government, public corporations (such as electricity, water, sewerage, and telephone), civil servants in central government and local government.
Government through the national assembly passes numerous statues that establish the authorities on which it confers powers.Administrative agencies and government departments fill in those gaps for congress and pass additional rules and regulations to achieve congress’s goals. People often deals with administrative agencies and administrative law when they apply for government benefits. For example, congress has passed laws that allow disabled individuals to receive government assistance. The social security administration (SSA) is the administrative agency created to implement congress’s social security and disability laws.