Administrative law and Its basic details.pptx

Scope, definition, attributes of administrative law

1. Peace Be Upon You

2. Law and Order Administration in Bangladesh PA 308 Lecture 01 Mohammad Joynul Abedin Dept. of Public Administration Stamford University Bangladesh

3. Course Contents Administrative Law:  Meaning, Nature, Scope, Significance, Growth and Development of administrative law. Law and Order Administration: Constitutional and Legal Framework Basic Principles: Rule of Law, Meaning, Dicy’s Theory of Rules of Law, Rule of Law in True and Modern Sense, Rule of Law in Bangladesh-Theory and Practice; Separation of Power, Doctrine of Separation of Power, Practical Effect and Criticism of Separation of Power. Different issues related to law and order administration: Ombudsman, Ombudsman Act in Bangladesh 1980, Ombudsman in Scandinavian Countries, Judicial Control, Judicial Review, Writs, Public interest litigation (PIL ).

4. Course Contents Different Regulatory Bodies: The judiciary, The independence of judiciary, The Ministry of Law, Justice and Parliamentary Affairs Implementing Agencies: Bangladesh Police, Rapid Action Battalion Supportive Agencies: Law commission, Agencies for protecting human rights Assessing the Performance of concerned Bodies: Professionalism, Efficiency and Accountability. Law and order Situation in Bangladesh: Theory and practice, The role of media

5. Administrative Law Administrative Law is that portion of law that determines the organization, powers and duties of administrative authorities. Mr. M.J Fort of England defined administrative law for the first time in the year 1929 in his book “On Administrative Law” stating that administrative law is that portion of law, which is traced in rules, regulations, notifications, order, schemes, circulars etc.

6. Definitions It is indeed difficult to evolve a scientific, precise and satisfactory definition of Administrative Law. Many jurists have made attempts to define it, but none of the definitions has completely demarcated the nature, scope and content of administrative law. According to Ivor Jennings, “Administrative Law is the law relating to the administration. It determines the organization, powers and duties of the administrative authorities”. This is the most widely accepted definition. According to Kenneth Culp Davis, “Administrative Law is the law concerning the powers and procedures of administrative agencies, especially the law governing judicial review of administrative action .”

7. Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. As a body of law, administrative law deals with the decision-making of the administrative units of government (for example, tribunals, boards or commissions) which are part of a national regulatory scheme in the following areas, such as, police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration, transport etc.

8. It is clear from the analysis of the above definitions that there is no comprehensive definition of administrative law till today. However, it can be concluded that administrative law is that portion of law, which determines the organization, powers and duties of administrative authorities, administrative agencies, quasi-administrative authorities, and the law that governs the judicial review of administrative activities.

9. Characteristics of Administrative Law Administrative law can be marked by three characteristics. Openness : Its openness results from the breadth of legislative grants of power to administrative decision-makers and the open nature of organizing concepts such as reasonableness and fairness. Determining the limits of these powers and concepts requires interpretation, a process which in the common law tradition, is infused with value judgments. Contestable : Its contestability results from the clash of competing values, such as the rule of law, good administration, democracy and separation of powers. By giving effect to these values in the context of particular factual situations, judges decide individual cases and develop administrative law doctrine. Dynamic: Its dynamism results from the contestable nature of these values. Differing conceptions and constellations of the values drive doctrinal change, because the values will be differently conceived and applied by judges from different backgrounds, legal traditions and temporal periods.

10. Scope of Administrative Law Administrative law determines the organization, powers and duties of administrative authorities. The scope of Administrative Law is determined by the following principles: Power is conferred on the administration by law No power is absolute or uncontrolled howsoever broad the nature of the same might be. There should be reasonable restrictions on exercise of such powers depending on the situation. It is based on the concept of rule of law that supports Natural Justice (to adjudicate based on impartiality and legal methods instead of arbitrariness and abuse of official power on the part of govt. while serving the people). It is to prevent violation of people's rights by officials in power .

11. According to Jain and Jain, Administrative Law deals with four areas : Composition and the powers of administrative authorities Fixes the limits of the powers of these authorities Prescribes the procedure to be followed by these authorities in exercising such powers Controls these administrative authorities through judicial and other means . Scope of Administrative Law

12. Importance of Administrative Law It is very significant because without administrative law the very concept of having a democracy and a government to work for the people would be self-defeating. At this situation, there would be no responsibility or accountability of the public officials to anybody and the administration would run arbitrarily. Eventually, it will create a huge anomalies and imbalances that would eat up the every systems. In such a situation, there would be an upset in terms of balancing in the areas such as police law, international trade, manufacturing, environmental, taxation, broadcasting, immigration, transportation etc.