The Nature of Administrative Law

Administrative law is often thought as one of the two major divisions of law, that is to say public law, which is the law governing the state and the relationship between individuals and the state. This is a contract distinction to private law, which governs the relationship between individuals and private entities or bodies.

Public law can thus be divided into constitutional law which deals with fundamental institutions of the State and administrative law on the other hand which deals with the ways those institutions operate in private in practice and the legal limitations on their power.

Administrative law is thus, a branch of public law which is concerned with the composition, procedures, powers, duties, rights and liabilities of the various organs of government engaged in administering public policies. These policies have either been made down by the parliament in legislations or developed by the government and other authorities in the exercise of their executive powers.

Therefore, administrative law consists on the one hand, study of the institutions of constitutional law and on the other hand, the study of the rules that guide the functioning of such institutions.

Wade and Forsyth in their book ‘Administrative law’ posit that Administrative law is the law relating to the control of the exercise of the powers of government.

THE FUNCTIONS OF ADMINISTRATIVE LAW

Administrative law seems to enable the task of governance i.e. implementation of policies to be performed. Administrative agencies are created by law and equipped to implement public policies on behalf of the State and for the general interest of the citizens. Administrative law governs the  relationships between public agencies and also between local agencies with legal powers to perform its tasks. The legislature therefore enforces the means of control since an agency is not authorised to go outside the powers.

The granting of administrative powers to agencies of government may be subject to both express and implied requirements and condition as the duty to act in good faith and not to act corruptly and to observe the principles of fair hearing. Administrative law offers checks to administrative agencies in order to prevent abuse of power.

Notwithstanding, it is also the duty of administrative law to compel the performance of public duty and you offer remedies to aggrieved parties. Thus, Administrative law  Click to Save or and Print this article for free deals with both negative and positive signs of mal-administration.