FUNCTIONS AND CHARACTERISTICS
OF ADMINISTRATIVE LAW POWERS OF
ADMINISTRATION
CHAPTER SEVEN
OBJECTIVES
Explain the functions of administrative law
Explain
Discuss the functions of administration or government
Discuss
Explain the powers of administration or government
Explain
Analyze the principles of natural justice in administrative law
Analyze
Describe the constitution has supremacy over all other laws of a country
Describe
Discuss the features of constitutional law and administrative law
Discuss
Discuss similarities and differences between constitutional law and administrative law.
Discuss
INTRODUCTION
• Administrative law regulates government or administration such that the agencies do
not arbitrarily exercise their powers or exceed them. This means that the laws play
vital roles in administration. The functions entrusted to administrative bodies, that is,
public officers and administrative authorities are many. Their powers are often great.
• The powers vested in administrative authority of government for discharging their
functions are many and great. In the discharge of these functions, they perform and
exercise the powers conferred on the three arms of the government. Although, it is
difficult to know when the powers of each of the three arms is being performed as
they are often overlap. However, the legal implication of the mode of exercise of the
• powers indicates whether the power being performed is that of the legislature,
executives or judiciary.
FUNCTIONS AND CHARACTERISTICS OF ADMINISTRATIVE LAW
• Administrative law encompasses a number of defined powers and
responsibilities held by administrative agencies of government.
• Administrative law encompasses a number of statutes and cases,
which define the extent of the powers and responsibilities held by
administrative agencies of the government. The executive, legislative,
and judicial branches of the government cannot always directly
perform their constitutional responsibilities.
FUNCTIONS AND CHARACTERISTICS OF ADMINISTRATIVE LAW
• Powers are therefore delegated to an agency, board, or commission.
These administrative governmental bodies oversee and monitor
activities in complex areas, such as commercial aviation, medical
device manufacturing, and securities markets. Administrative law must
therefore observe the rule of natural justice.
• Natural justice is divine justice or justice according to God. There is
no universally, or generally accepted definition of natural justice.
However, concisely natural justice means:
• The inherent right of a person to a fair and just treatment in the
hand of rulers, their agents and other persons.
FUNCTIONS AND CHARACTERISTICS OF ADMINISTRATIVE LAW
Administrative law plays a vital role in the realm of administration and society, some of which are,
and some of the functions of the administrative law are:-
1. Administrative law acts as a check in respect of the unlawful exercise or abuse of governmental
administrative power.
2. It embodies principles that facilitate good administrative practice,
3. It provides remedy for grievances occasioned at the hand of public authorities.
4. It commands public bodies to perform their statutory duties under the statute (including the
exercise of discretion)
5. It aids accountability and transparency, including participation by interested individuals and
parties in the process of governance. For instance, through membership of a pressure group.
6. It allows the administrative agencies to be observed on when not to commit an error of law i.e. an
action or decision that is in conflict with the statute.
THE RELATIONSHIP BETWEEN CONSTITUTIONAL
LAW AND ADMINISTRATIVE LAW
• The relationship between constitutional law and administrative law is
very complicated.
• The origin of administrative law depends upon constitutional law.
• When we got independence in 1960 then at that time the aspirants of
the people were enshrined from various Articles from our supreme
constitution which is a legal document, and which is a platform for the
proper functioning of the administrative settlement of administrative
authorities.
THE RELATIONSHIP BETWEEN CONSTITUTIONAL
LAW AND ADMINISTRATIVE LAW
• In countries like Somalia, which has its own written
constitution, there is an additional control over
administrative actions by the constitutional law which
imposes limitations upon the organs of the
administrative body.
• So in a country having a written constitution with
judicial review, it is impossible to separate
administrative law from the constitutional law
completely.
Relationship between Admin. Law &
Constitutional Law
• The relationship between the administrative law and constitutional law is not very watertight,
sometimes administrative law invades into the territory of constitutional law, so it is very
important for jurists, scholars and law students to develop a proper understanding between the
relationships between these two.
• Both constitutional law and administrative law are parts of the public law which shows that
constitutional law is the mother of administrative law, and it cannot be totally separated from each
other.
Relationship between Admin. Law &
Constitutional Law (Cont.)
• One typical difference is related to their scope.
• While constitutional law deals, in general, with the power and structures of government, i.e. the
legislative, the executive and the judiciary, administrative law in its scope of study is limited to the
exercise of power by the executive branch of government.
• The legislative and the judicial branches are relevant for the study of administrative law only when
they exercise their controlling function on administrative power.
Relationship between Admin. Law &
Constitutional Law (Cont.)
• Constitutional law, being the supreme law of the land, formulates fundamental rights which are
inviolable and inalienable.
• Hence, it supersedes all other laws including administrative law.
• Administrative law does not provide rights.
• Its purpose is providing principles, rules and procedures and remedies to protect and safeguard
fundamental rights.
• This point, although relevant to their differences, can also be taken as a common ground shared by
constitutional and administrative law.
Relationship between Admin. Law & Constitutional
Law (Cont.)
• To put it in simple terms, administrative law is a tool for implementing the constitution.
• Constitutional law lays down principles like separation of power and the rule of law.
• An effective system of administrative law actually implements and gives life to these principles.
• By providing rules as to the manner of exercising power by the executive, and simultaneously
effective controlling mechanisms and remedies, administrative law becomes a pragmatic tool in
ensuring the protection of fundamental rights.
• In the absence of an effective system of administrative law, it is inconceivable to have a
constitution which actually exists in practical terms.
Relationship between Admin. Law &
Constitutional Law (Cont.)
Similarly, the interdependence between these two subjects can be analyzed in
light of the role of administrative law to implement basic principles of good
administration enshrined in the SOMALI constitution.
The constitution envisages in Articles 1(1 & 2), 3 (4), 42(2)(2) and 69(2)(b),
111C (3)(c ), 127 (c) respectively provides the principles of public
participation, transparency and accountability in government administration.
As explained above, the presence of a developed system of administrative
law is sine qua non for the practical realization of these principles.
RELATIONSHIP BETWEEN ADMIN. LAW & CONSTITUTIONAL LAW
(CONT.)
• Administrative law is also instrumental in enhancing the development
of constitutional values such as rule of law and democracy.
• The rules, procedures and principles of administrative law, by making
public officials, comply with the limit of the power as provided in law, and
checking the validity and legality of their actions, subjects the
administration to the rule of law.
• This in turn sustains democracy.
• Only, in a government firmly rooted in the principle of rule of law, can true
democracy be planted and flourished.
RELATIONSHIP BETWEEN ADMIN. LAW &
CONSTITUTIONAL LAW (CONT.)
• However, in countries that have a written constitution, their difference is not so
blurred as it is in England.
• One typical difference is related to their scope.
• While constitutional law deals, in general, with the power and structures of
government, i.e. the legislative, the executive and the judiciary, administrative law
in its scope of study is limited to the exercise of power by the executive branch of
government.
• The legislative and the judicial branches are relevant for the study of
administrative law only when they exercise their controlling function on
administrative power.
RELATIONSHIP BETWEEN ADMIN. LAW &
CONSTITUTIONAL LAW (CONT.)
• Lastly, administrative and constitutional law, share a common ground, and supplement each
other in their mission to bring about administrative justice.
• Concern for the rights of the individual has been identified as a fundamental concern of
administrative law.
• It ultimately tries to attain administrative justice.
• Sometimes, the constitution may clearly provide right to administrative justice.
• Recognition of the principles of administrative justice is given in few bills of rights or
constitutional documents. Australia and South Africa may be mentioned in this respect.
RELATIONSHIP BETWEEN ADMIN. LAW &
CONSTITUTIONAL LAW (CONT.)
• Constitutional law needs to be understood to include more than the
jurisprudence surrounding the express, and implied provisions of any
constitution.
• In its broader sense, constitutional law connotes “the laws and legal
principles that determine the allocation of decision-making functions
amongst the legislative, executive and judicial branches of
government, and that define the essential elements of the relationship
between the individual and agencies of the state”.
• Wade has observed that administrative law is a branch of
constitutional law and that the ”connecting thread” is “the quest for
administrative justice”.
ADMINISTRATIVE LAW CONSTITUTIONAL LAW
Differenc
Administrative Law is the law that regulates the activities of
administrative agencies
The Constitutional Law regulates the relationship among the
three branches of government -legislative, executive and
judiciary.
e
2
between
It deals with the power of agencies to exercise legislative, executive It distributes governmental powers amongst the three branches.
and judicial and quasi-judicial functions and procedures of doing so.
Administ
3
4 rative
It is flexible in nature.
Procedure for the amendment in Administrative Law is flexible
It is rigid in nature
Procedure for the amendment in Constitution law is rigid.
5
Law &
It deals with special rights It deals with substitute rights and remedies
Constitu
tional
6
7 In it, executive only have the power to enforce specially that law by In it, it is the duty of executive to enforce all laws of the land.
which that body is regulated.
Law
In it executive may have executive, legislative and In it executive executive function is to enforce or to administer the law.
judicial powers but it is conditional that whether are
delegated by legislature or not.
9. in it executive may also perform judicial functions in it judiciary only perform judicial functions
10.
11. Administrative Law deals with the organization, functions, Constitutional Law deals with the general principles relating to the
powers and duties of administrative authorities organization and powers of the various organs of the state and their mutual
relationship of these organs with the individuals.
12. Administrative law deals with details. While Constitutional law deals with fundamentals
13. It does not deal with international law. It deals It also gives the guidelines about the international
exclusively the powers and functions of administrative relations
authorities
Conclusion
• Administrative law and constitutional law are interwoven in relation to the
principles governing both rules and remedies however; each is a separate body of
law on its own.
• While constitutional law establishes the organs of government and confers
powers on them, administrative law regulates how the functions and powers on
them and administrative authorities are to be exercised as assigned by the
constitution.
• Constitutional law is the law, which regulates the application, enforcements and
interpretation of the constitution, which is the supreme law of the land.
Conclusion
• On the other hand, administrative law is law for administration,
guiding the conduct of the administrative authorities to avoid arbitrary
use of power.
• Although, both subjects are interrelated, they are however different,
each of them having peculiar nature, similarities and dissimilarities.
• To put it in simple terms, administrative law is a tool for implementing
the constitution.
• Constitutional law lays down principles like separation of power and
the rule of law.
• An effective system of administrative law actually implements and
gives life to these principles.
