Administrative Law: Principles and Sources

• Administrative law governs the activities of government's administrative agencies.
• Government agencies can create rules, adjudicate, and enforce regulations.
• Administrative law is a branch of public law.
• It deals with decision-making of administrative units of government, such as tribunals, boards, or commissions.
• These units are part of a national regulatory scheme in areas like police law, international trade, manufacturing, taxation, the environment, and broadcasting.

Sources of Administrative Law

• Enabling statutes define the powers and responsibilities of administrative agencies.
• Powers include making rules (delegated legislation, regulations), investigation, and adjudication.
• Administrative Procedures Acts (APA) are statutes codifying procedures for agencies issuing rules or making decisions.
• Court decisions can limit or expand agency authority.
• Executive orders guide administrative agencies of the executive branch.

Principles

• An administrative action cannot be ultra vires.
• Administrative decisions must be within the scope of authority conferred by law.
• Administrative law aims to ensure accountability of administrative bodies.
• It seeks to ensure fair, transparent decisions made according to legal principles.
• The rule against bias ensures decision-makers are impartial.
• Natural justice requires fair hearing procedures.

Judicial Review

• Judicial review is the process by which courts oversee actions of administrative agencies.
• Courts review administrative decisions to ensure they are lawful, reasonable, and procedurally fair.
• It is a critical mechanism for ensuring government accountability and protecting individual rights.
• Judicial review is the power of the court to nullify actions of the other two branches of government.
• Judicial review is based on objective criteria, rather than subjective standards.
• Judicial review is founded on the principles of separation of powers and the rule of law.
• It is important to maintain balance between government authority and individual rights.

Grounds for Judicial Review

• Illegality occurs when an administrative body acts beyond its legal authority, misinterprets the law, or makes a decision contrary to law.
• Irrationality exists when a decision is so unreasonable that no reasonable decision-maker could have come to it.
• Procedural impropriety happens when an agency fails to follow the correct procedures in making a decision.
• Bias, or the appearance of bias, can be grounds to challenge a decision.
• Proportionality ensures that the administrative action is proportionate to the objective being pursued.
• Error of Fact, in some instances, a court may review an agency's findings of fact, particularly if those findings are not supported by evidence

Process

• Exhaustion of administrative remedies often requires pursuing all available administrative appeals or remedies before seeking judicial review.
• Standard of review determines how closely the court will examine the administrative decision.
• Courts often defer to agency expertise on matters within their area of competence.
• Remedies available to the court on judicial review can vary from case to case.
• Remedies can include quashing the decision, requiring the agency to reconsider the matter, or ordering the agency to take specific action.
• Standing determines who is entitled to seek judicial review.
• Generally, only those directly affected by a decision have standing.