The Principles of Administrative Law

The second edition of Principles of Administrative Law: A Comparative Study has been thoroughly revised and updated and includes a detailed Table of Cases. It is a comprehensive guide to administrative law and is essential for lawyers, judges, law students, law teachers, and administrators.

Format: Paperback / softback
Length: 520 pages
Publication date: 03 August 2021
Publisher: OUP Pakistan

Administrative law is a crucial area of public law that plays a vital role in the education and training of lawyers, judges, law students, law teachers, and administrators. This comprehensive book serves as a comparative analysis of the principles of administrative law as established by the superior courts in Pakistan, India, Britain, and the United States. It delves into the fundamental principles and concepts of administrative law, encompassing administrative action, administrative discretion, administrative adjudication, delegated legislation, administrative tribunals, the ombudsman, and judicial review of administrative action and discretion. This book comprehensively covers all aspects of administrative law as taught in LLB and LLM courses in law colleges across Pakistan.

The second edition of Principles of Administrative Law: A Comparative Study has undergone a thorough revision and update, ensuring its relevance and accuracy. It includes a comprehensive Table of Cases, providing a valuable resource for readers to explore and understand the legal precedents and developments in the field.

Administrative law is a multidisciplinary field that intersects with various branches of law, including constitutional law, criminal law, and public law. It governs the relationships between government agencies and individuals or organizations, emphasizing the importance of fairness, transparency, and accountability in the exercise of governmental power.

In Pakistan, administrative law plays a significant role in shaping the country's legal framework. The Constitution of Pakistan guarantees the right to administrative justice, which includes the right to appeal against administrative decisions and the right to be heard before an independent tribunal. The Federal Government has established various administrative bodies, such as the Federal Ombudsman and the National Human Rights Commission, to protect the rights and interests of citizens.

Similarly, in India, administrative law is an essential component of the country's legal system. The Indian Constitution provides for the establishment of independent administrative tribunals to review the decisions of government agencies. The Administrative Tribunal Act of 1985 governs the functioning of these tribunals and ensures that they are impartial and efficient.

In Britain, administrative law has a long and rich history. The concept of administrative law dates back to the 19th century, with the establishment of the Administrative Court in 1868. The court's role was to review the decisions of government agencies and ensure that they were lawful and reasonable. Today, administrative law in Britain is governed by a series of statutes and regulations, including the Human Rights Act of 1998 and the Environmental Protection Act of 1990.

In the United States, administrative law has a similar role to that in other countries. The Administrative Procedure Act of 1946 establishes the framework for administrative decision-making and provides for the right to appeal against administrative decisions. The Federal Government has also established various administrative bodies, such as the Environmental Protection Agency and the Securities and Exchange Commission, to regulate and enforce laws and regulations.

The principles of administrative law are based on the idea that government agencies must be held accountable for their actions. Administrative law seeks to balance the interests of the government and the interests of individuals or organizations. It emphasizes the importance of procedural fairness, transparency, and the right to be heard before an independent tribunal.

Administrative action refers to the actions taken by government agencies to implement laws and regulations. It includes the issuance of regulations, the conduct of investigations, and the implementation of policies and programs. Administrative action must be lawful, reasonable, and consistent with the objectives of the law.

Administrative discretion refers to the power of government agencies to make decisions without following a set of rules or regulations. It is an essential component of administrative law, as it allows government agencies to respond to changing circumstances and adapt to new situations. However, administrative discretion must be exercised within the bounds of the law and must be based on objective criteria.

Administrative adjudication is the process of resolving disputes between government agencies and individuals or organizations. It involves the hearing of evidence, the application of legal principles, and the making of decisions by an independent tribunal. Administrative adjudication is an important mechanism for ensuring that government agencies act in a fair and reasonable manner.

Delegated legislation refers to the power of the government to delegate its legislative powers to other bodies, such as administrative agencies or regulatory bodies. It allows the government to respond to changing circumstances and adapt to new situations quickly and efficiently. However, delegated legislation must be carefully drafted and must be consistent with the objectives of the law.

Administrative tribunals are independent bodies that hear and decide disputes between government agencies and individuals or organizations. They are established by statute or regulation and are responsible for ensuring that government agencies act in a fair and reasonable manner. Administrative tribunals are an important mechanism for protecting the rights and interests of individuals and organizations.

The ombudsman is an independent body that investigates and reports on complaints of maladministration or injustice by government agencies. The ombudsman's role is to promote transparency, accountability, and the rule of law in government.

Judicial review of administrative action and discretion is an important mechanism for ensuring that government agencies act within the bounds of the law. It involves the review of administrative decisions by a court or other independent tribunal to determine whether they are lawful, reasonable, and consistent with the objectives of the law. Judicial review is an important safeguard against the abuse of governmental power.

In conclusion, administrative law is a crucial area of public law that plays a vital role in the education and training of lawyers, judges, law students, law teachers, and administrators. This comprehensive book serves as a valuable resource for understanding the principles and concepts of administrative law as developed by the superior courts in Pakistan, India, Britain, and the United States. By examining the legal precedents and developments in this field, readers can gain a deeper understanding of the role of government agencies in shaping society and the importance of protecting the rights and interests of individuals and organizations.

Weight: 450g
Dimension: 141 x 218 x 27 (mm)
ISBN-13: 9780190703943
Edition number: 2 Revised edition