OLW 221 KA01.pdf

KA01: Introduction to Administrative Law What are we going to learn? Introduction Scope Functio Relation ns Concep Featur Source Develo t es s pment  Introduction...

KA01: Introduction to Administrative Law What are we going to learn? Introduction Scope Functio Relation ns Concep Featur Source Develo t es s pment  Introduction 3 1) Administration is the all- smoother, where the law can pervading feature of life enforce high standards of today. legality, reasonableness and fairness. 2) Due to increase of state functions, administrative law 4) There is need for an efficient is necessary for efficient regulatory system, which government. ensures adequate protection of the people’s Rights. 3) Intensive administration is more tolerable to the citizens and the government’s path is  What is Administrative Law 4 1) It is a legal framework 3) It is a portion of law within which public which controls the abuse administration carries of powers by the out its actions. administrative authorities to protect the rights of 2) It is a branch of law individuals. which deals with the individuals versus the governmental or administrative powers.  Features of Administrative Law 5 1) It is by-product of with intensive growing of the socio- administration. economic functions of the state. 4) It deals with public administration. 2) It is a direct result of increased government 5) It is an ever- powers. expanding subject in developing society. 3) It is much associated  Functions of Administrative Law 6 1) To ensure public authorities perform rights and freedoms of the citizens - their duties if they make default - Jama Yusuph v Minister For Home Mohamed Jawad Mrouch v Minister for Affairs TLR 80 (HC) Home Affairs TLR 142 (HC) 5) To keep and maintain the rule of law 2) To govern the exercise of powers and society - Attorney-General and Two duties by public authorities – Mohamed Others v Aman Walid Kabourou Jawad Mrouch v Minister for Home TLR 156 (CA) Affairs TLR 142 (HC) 6) To ensure the governmental 3) To keep the powers of the public accountability - Lujuna Shubi Ballonzi, authorities within the legal bounds - Senior v Registered Trustees Of Shaban Nassoro and Another v Chama Cha Mapinduzi TLR 203 Tanzania Portland Cement Co. Ltd and (HC) Another TLR 96 (HC) 4) To balance between the powers and duties of the government and liberties,  Scope of Administrative Law 7 1) Defining and limiting the authorities have been powers and duties of the abused. public authorities. 2) Manner through which 4) Accountability of the the powers and duties of public authorities. the public authorities can be exercised. 3) Checking whether the powers of the public  Sources of Administrative Law 8 1) Constitution of the URT of 1977 as 4) Precedents amended ○ Jama Yusuph v Minister For ○ Art 13(6)(a) – fair hearing, right of Home Affairs TLR 80 (HC) appeal ○ Lujuna Shubi Ballonzi, Senior v ○ Art 13(6)(b) – presumption of Registered Trustees Of Chama innocence Cha Mapinduzi TLR 203 (HC) 2) Principal Legislation ○ The Regional Administration Act 5) Legal Commentaries ○ The Local Government(District ○ Wade and Philip on Constitutional Authorities) Act And Administrative Law ○ The Local Government(Urban ○ B.D. Chipeta, Administrative Law Authorities) Act in Tanzania 3) Subsidiary Legislation 6) International Law ○ Judicial Review Procedure and ○ Vienna Convention on Diplomatic Practice Rules Relations ○ Basic Rights and Duties ○ Vienna Convention on Consular Procedure and Practice Rules Relations  Administrative and Constitutional Law 9 1) Constitutional law deals with the land whereas administrative law is structure of the state while the subordinate to constitution. administrative law deals with functions of the state authorities. 5) Constitutional issues are determined through constitutional petitions while 2) Constitutional law deals with administrative issues are determined fundamental rules of the state through judicial review. whereas administrative law deals with specific rules of state authorities. 3) Constitutional law emphasizes on the rights of the citizens whilst administrative law emphasizes on the public need. 4) Constitution is the supreme law of the Administrative and Constitutional Law 10 Both are branches of the public law. Both have the same sources. Both deal with state and its authorities. Both define state powers and responsibilities. Both govern affairs of the state.  Development of Administrative Law 11 1) It has been noticed the change of the roles of the state during 19th and 20th 6) However, the increase of powers centuries. made the abuse possible during the discharging of the functions. 2) The state’s roles changed from being a police to welfare state. 7) The abuse or misuse called up an attention of having the mechanism to 3) Previously, the state was responsible control such powers for preventing for protection of the country against the abuse and protecting the foreign invasion, levying and individuals against maladministration collecting taxes and keeping and and abuse of powers. maintaining law and order therein. 8) The administrative law came for such 4) Then after, the state became purpose. responsible for social and economic welfare of the individuals. 5) The change of roles accompanied the increase of government powers to execute the increased functions.  Reasons for Growth of Administrative Law 12 1) Roles of State ü Preventive Measures ü Radical change of State ü Enforcement roles Effectiveness ü Growth of Towns ü Need for Expertise in ü Emergency and Urgency legislation 2) Ineffective Judicial System ü Judicial technicalities ü Judicial congestions ü Judicial expenses 3) Ineffective Legislative System