1. INTRODUCTION TO ADMINISTRATIVE LAW ABNER BESIGYE SUNDAY 2 ND 2018

2. Meaning of Law Law generally refers to a collection of rules of human conduct prescribed by human beings for the obedience of human beings. Law as envisaged from this perspective is different from scientific laws in the sense that scientific laws are not intended to regulate human beings and to be obeyed by human beings

3. Meaning of Law The law confers rights, gives immunity, and imposes duties, privileges, liabilities and responsibilities to legal persons Law and morality law is enforceable and morality is not Laws are a reflection of the moral values of a given society

4. Classification of Law Public law consists of the fields of law which are primarily concerned with the state itself e.g. constitutional law, administrative law, etc. Private law deals with the rights and obligations of individuals, for example contract law, family law, etc.

5. Classification of Law Constitutional Law is about the allocation of powers among state organs Administrative Law is about the exercise of these powers Structure v Function & manner of exercising State’s power Administrative Law is influenced by constitutional/political theories of States (esp the Rule of Law, the Separation of Power and the doctrine of ultra vires)

6. Sources of Administrative law Primary sources Statutes (acts of parliament, orders, and regulations) Cases (decisions of courts of record – High Court, Court of Appeal and Supreme Court). Secondary sources Textbooks, Articles and other secondary materials. Customs social habits, patterns of behavior that societies evolve without expressive appreciation or conscious. Customs and rules therefore have a force of law.

7. Definition Administrative law may be defined as a branch of law that is primarily concerned with powers, functions and procedures of public officials and public authorities. It also deals with the composition duties, rights and liabilities of various state organs and officials are vested with enormous powers in the execution and implementation of their roles and duties.

8. Definition..branch of public law which deals with the organization and powers of administrative and quasi administrative agencies and prescribes principles and rules by which an official is reached and reviewed in relation to individual liberty (Massey, 2012) Admin Law goes beyond legalism and represents a principled regulation of administrative space, whether domestic or global, which can be practically regulated for the expansion of human freedoms

9. Purpose Checks abuse of administrative power; Ensures that administrative disputes are decided fairly; Protects/ guarantees individual rights and freedoms; and Ensures that public officials are held accountable.

10. Purpose Defining the scope of power or authority Laying down guidelines in the exercise of governmental power Facilitating the efficiency, fairness and effectiveness of government

11. The Rise of an Administrative State Expansion of spheres of government: the myth of a small government and non-interference policy Regulation of the economy by law Emergence of bureaucracy and a huge administrative apparatus Power and discretion Legality, Rationality and Fairness

12. What led to the changes? The rise of an administrative state – increasing penetration into society and economy – decentralisation and privatisation A new middle class of diverging background and upbringing Political context – political representation and better public awareness of their legal rights

13. Administration and Administrative Law Characteristics of administration sheer number of decisions, sheer variety of informal action, complexity of decision making and collective values

14. Administration and Administrative Law Process v results Rules v discretion Law v policies Fairness v administrative inconvenience Formality v efficiency Individualistic approach v precedental value and organisational/social priorities

15. An Inherent Contradiction? ‘Most legal authority is conferred upon civil servants most of whom have no legal training and yet they are expected to know the law and observe its limits [and to defend and uphold the rule of law].’ (Clarke and McCoy, p 18)

16. Roles of Administrative Law Red Light Theory (Wade & Forsyth) Green Light Theory (Clarke & McCoy)

17. Red Light Theory Originates from the 19 th century political theory of laissez- faire, individualism and the superiority of common law A deep-rooted suspicion of governmental powers and a desire to minimize the encroachment of the state on individual’s rights Emphasis on the judicial control of such power

18. Green Light Theory Realist and functionalist approach: law operates in a social and political context Public law to facilitate efficient operation of public services; a regulator and facilitator to enable social policy to be implemented effectively and fairly Accountability: growing emphasis on statutory and regulatory control Minimising and even questioning the legitimacy of the judiciary Advocate alternatives and public participation

19. Nature and scope of Administrative Law It is a law, but not in the lawyers sense of the term. It is a law in the realist sense though it contains higher law issues like the principles of natural justice It deals primarily deals with the relationship of individuals with organized power It deals with the organization and powers of administrative and quasi-administrative agencies

20. Nature and scope of Administrative law It deals with the organization and powers of administrative and quasi-administrative agencies Study of existing principles and development of certain new principles It normally deals with official action Rule making (quasi-legislative action) Rule-decision (quasi-judicial action) Rule-application (administrative action) Ministerial action ( pure administrative action) Incidental actions ( investigatory, advisory, declaratory, and prosecutor)

21. Principles of Administrative law Supremacy of the Constitution The Rule of Law Natural Justice, Human Rights and Social Justice Separation of Powers

22. Nature and scope of Administrative law Procedure by which administrative action is reached The focal point of administrative law is reconciliation of power with individual liberty

23. Nature and scope of Administrative law Review process ( control mechanism by which administrative agencies are kept within bounds and made effective in the service of individuals) Writ jurisdiction of habeas corpus (bring the body), mandamus (admin body to do what its supposed to do), certiorari (removing a matter from an inferior court to the high court), prohibition (preventing ultra vires),

24. Review process cont’d Courts exercising ordinary judicial powers through injunction, declaration, quo warranto and suits Statutory authorities Higher administrative authorities Public opinion/mass media Civil society and interest representation Easy access to justice

25. Review process cont’d Right to know, right to reply and discretion to obey

26. Attributes of Administrative Law Students Political sensitivity and economic awareness Organizational competence Ability to assess or re-assess the relationship between means and ends Awareness of practical limits to implementation Conscious appreciation of the moral choices inherent in decision-making