Administrative Law 2016-2017 2nd Year – Law Faculty

Definition is the body of law that governs the activities of administrative agencies of government. Branch of law governing the creation and operation of administrative agencies. law dealing with the establishment, duties, and powers of and available remedies against authorized agencies in the executive branch of the government

Characteristics of Administrative Law  Administrative law is Judiciary !! (Judge has discretion. Administrative Law is NOT codified The administrative law is a (nascent) new. (1872) Flexible and rapidly evolving

The History of Administrative Law The King rules and governs all Powers. No Judicial Review. Parlements (court establish by the king for his own cases) and has higher power than Government. The French Revolution 1789 (Separation of powers) Cancel (Parlements) establish Justice Administration or The Minister Judge. NOT full Justice ..!! France's Council of State Established 1797 Reviewing the administrative cases 1953 the Administrative Courts created. Appeal before the France's Council of State.

Sources of Administrative law Written Sources (Codified) Unwritten Sources (NOT Codified)

Codified Sources The Constitution The Constitution is the creator of different administrative bodies and agencies. It gives a brief details about the mechanism and the administrative powers granted to different authorities. Such as (separation of powers) Legislation Laws adopted by parliament, which may have the effect of creating an administrative agency, or specify specific procedure to be complied by the specific authority in exercising its powers, can be considered a primary sources for the study of administrative law.

Delegated Legislation: Rules, Regulations Rules, directives and regulations issued by Council of Ministers and each administrative agencies are also the main focus of administrative law.

Types of Delegated Regulation Executive regulations: A law on some point of detail, supported by an enabling statute, and issued Not by a legislative body but by an executive branch of government. Organizational Regulations: It is issued by the executive authority to regulate and manage the work in public facilities. Command and control regulation The direct regulation issued by the government that states what is permitted and what is illegal. Such as (The maintenance (protection) of public security, public health and public tranquility)

Uncodified Sources Administrative Custom: An action or a way of acting for a long period of time with an issue that related to the Administrative Law until it became an obligation. Examples: Employee behavior at work and mutual respect between the highest and lowest

The Conditions of Administrative Customs A Physical Element: The administration in the habit of following a particular behavior as a Frequent and Regular basis during the given time period. A Mental Element: It is intended as a belief in the administration that a certain conduct is binding on his followers.

Judicial Opinion: A set of provisions and principles approved (decided) by the Judiciary. General principles of law: A set the legal rules that took root in the consciousness of the nation discovered by the courts. Al Fiqh (Jurisprudence): A number of principles that the jurists get based on their researches. By conduct a research in analyzing a general principle in The Holy Quran, Sharia and General Principles in Public Law. Jurisprudence is an unofficial source for Administrative Law

Why the administrative law has not been written and gathered in a one legislation ? A. Because it is hard to gather all the principles and apply them on different government departments and activities.  B. It is dangerous to issue an administrative law because it can not keep with the fast development of the administrative acts.

The Difference Between Administrative Law And Other Laws Administrative law is the body of law that allows for the creation of public regulatory agencies and  contains all of the statutes, judicial decisions, and regulations that govern them.  It is created by administrative agencies to implement their powers and duties in the form of rules, regulations, orders, and decisions.  Administrative procedure constitutes the methods and processes before administrative agencies, as  distinguished from judicial procedure, which applies to  courts.

Administrative Law Vs. Constitutional law The Type .. Constitutional law is as public law since it governs the relationship between the government and the individual. The same can be said of Administrative law. The Scope (subject) .. Constitutional law deals, in general, with the power and structures of government, i.e. the legislative, the executive and the judiciary, Administrative law is limited to the exercise of power by the executive branch of government. The legislative and the judicial (controlling function on administrative power.)

The Rights and liberties The Rights and liberties .. Constitution is Supreme law of the land, set fundamental rights.. Administrative law does not provide rights, providing principles, rules and procedures and remedies to protect fundamental rights.

Administrative Law Vs. Financial Law Financial Law is a set of legal rules of the management of public funds in the state. Is a supplement to administrative law, clarify the legal governing of public funds and legal protection assessments for these funds. How to prepare the budget and how to use the money!

Administrative Regulations Set of rules assist in identifying the operation of the organization. They tell how, by whom, where and when things are to be done.

Juristic Person (Legal Personality) A legal entity (such as an association, company, person, government, government agency, or institution) identified by a particular name. Is a group of people or an organization that operates under a single name and is often treated as its own entity. Also called : Legal Personality, Legal Entity Having legal rights and duties within a certain legal system.

Elements (conditions) of Juristic Person A group of people or a group of funds A common purpose to achieve. Recognized by the legislature (law) in the state.

Types of Juristic Person (Legal Persons) Public Legal Persons: Which determined by the scope of its jurisdiction over a geographical basis as a country, state and municipal. Private Legal Persons: Which determined by the scope of its subject matter. Such as, Association, Company, Organization, etc.