administrative law essay questions

administrative law essay questions

The Importance of Administrative Law in Modern Society

1. The Definition and Scope of Administrative Law

Concerning the relationship between the minimum requirement of a state under the rule of law, only certain statements about the law can be made. Among the various constitutional traditions and legal cultures of the world, there is a considerably differing perimeter for what can genuinely be described or stated as law. The definitions of administrative law focus on the legal regulations and decisions taken by agencies, contested in an arena of adjudication with its own rules and kinds of legal reasoning.

Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law and is often referred to as regulatory law. At the same time, administrative law is also part of constitutional law, though constitutional law has a hierarchical status and a different subject matter focus. Administrative law in Germany, for example, is commonly considered as part of public law, which is thought to be a uniform body of law composed of constitutional law, general administrative law, and specialized administrative law.

2. The Role of Administrative Agencies

At the end of the scale, agencies in some cases have their own system of criminal courts to try violations of the regulations with a right of appeal to a court of general jurisdiction. Thus, there is a complete parallel administrative scheme of justice.

The courts too have found themselves unable to understand and apply complex systems of regulation or to resolve technical disputes in these areas. In many cases, it is the agencies themselves which have the power to apply sanctions, normally through the administrative process of review and in-house appeal. The agency may hear a dispute between two private parties over rights created by the regulation negeri sembilan. The nearest to a court proceeding in the traditional sense would be the inquiries held by professional discipline bodies.

Thus, in a modern, complex state, the legislation no longer has the time or expertise to deal with the minutiae of complex social problems. It has become necessary to delegate its rule-making power in these areas to bodies of specialists and experts. For example, in Malaysia, the complex issue of the regulation and control of nuclear power has been delegated to the Atomic Energy Licensing Board. This delegation is an essential part of the modern concept of separation of powers.

Regulation is the control of human or societal behaviour by rules or regulations. In our day and age, this control is taking place through special bodies or authorities which are given the power to issue regulations. These regulatory agencies or administrative agencies have been created by legislatures for the specific purpose of regulating in detail complex areas of economic, social or political life.

3. Key Principles and Concepts in Administrative Law

One of the key ideas of this essay is that administrative law operates as a branch of public law and a critical aspect of the framework of government in a society under the rule of law. It is concerned with the control of governmental power as it affects the citizen. At a time when government is recognized as capable of benefiting the community by its interventions, mostly at the cost of the taxpayer, it is also capable of harming the citizen, be it by interference with liberty, confiscation of property, imposition of penalties, or detriment to his/her economic or other interests. This essay elaborates on the importance of control of the exercise of governmental power as a means of ensuring that those who are affected by the decisions of public authorities, whether they are individuals, business firms, companies, or professional people, may have the remedies they need and that they do not suffer to the detriment of an overall community interest. The comments in regards to the concerns of Australian Administrative Law and systems are reflected in this statement. Although the situation in relation to government intervention may differ, the vitality and necessity of some form of control/value of individual rights affected by governmental power remains an issue for all societies which are trying to develop a culture of administrative accountability and rule of law. This would be applicable to New Zealand due to their administrative legal systems being heavily influenced by the Australian Commonwealth and to developing countries, most of whom are dependent on economic aid and loans from international financial institutions. The bulk of control measures may be through administration in the form of conditions attached to loans, agreements to utilize a certain percentage of the finances in a specific area, and the requirement to purchase specific goods from the lending country.

4. Challenges and Controversies in Administrative Law

Evaluating the real impact of administrative law on administration in modern Britain is a controversial and uncertain exercise. Nowadays, bureaucratic decisions are contested in a wide variety of venues and ways, and judicial supervision and control of administration permeate through many aspects and levels of governance. Yet many politicians and administrators convinced it is a bad thing, and many legal scholars and prospective lawyers, after a salary rise for themselves, argue that the volume and efficacy of judicial intervention, particularly that involving formal litigation, are insufficient to ensure that administrators act within the bounds of legality, reason, or the public interest. The traditional view of the common lawyer hostile to anything resembling an appeal to an external tribunal persists and dies hard, and centuries of legal culture and tradition may still act as a formidable impediment to change in the modern legal profession and judiciary.

Action by the EU presents a particular test for UK administrative law. Since the UK entered the European Economic Community in 1973, EU law has turned out to be progressively essential and has affected both constitutional and administrative law. Be that as it may, regardless of whether the European Communities Act 1972 ought to be translated as expecting extreme surrender of parliamentary sway to the EC and regardless of whether the UK courts ought to have energy to confirm the legitimate legitimacy of EU measures passed on to the UK hold on as subjects of level headed and heated civil argument among judges, researchers, and politicians.

A program to guarantee national organizations execute regulation in a legitimate and fair-minded way can distinguish obligation and maintain a strategic distance from the loss of government authority. In any case, since those exposed to regulatory action may frequently battle to remain to adjust or fix a choice they question strongly, the regular confrontational tone in regulatory relations can without much of a stretch degenerate into inordinate authoritative clash. This thus triggers another cycle of administrative intensification, prompting more point by point regulation, with the cost paid out of all citizens encompassing the monetary and social effect of the regulatory program under question. This has happened in numerous areas of well-being, health, and security where the control required has seemed to be excessively meddling and excessively expensive when considering the advantages accomplished.

5. The Future of Administrative Law

Within the coming years, it is also predicted that there will be a continued “Europeanisation” of UK administrative law resulting from the fact that the UK is less able to escape influences coming from the EU due to the decreased use of statutory instruments. The move to a 2-year limit on the bringing of a JR will require that claimants act faster in order to challenge a decision. This could lead to decisions being accepted and implemented more readily and may conversely have a discouraging effect on the bringing of a JR. Although there is no empirical evidence to prove this, it may lead to a decrease in the importance of judicial review and administrative law.

Costs and delays are causing people to have less faith in the judicial review system because they are too focused on every procedural detail and not the decision’s outcome. Due to this, it is predicted that alternative methods of reviewing decisions such as Ombudsman schemes, inquisitions by Parliamentary Committees and tribunals of the judiciary or executive will become more popular. These methods do not limit or control discretion in the same way that judicial review does, and therefore there is less strictly administrative law involved. This shift in power away from the courts is likely to reduce the development of public law, and the growth in funding for alternative dispute resolution methods will also likely have this same effect. This prediction is backed up by the fact that there is said to be a decline in the number of administrative law specialists, and a point made by Sir Jack Jacob that what is now needed is “not better lawyers, but better administrators”.