Thursday, July 17, 2008

Defintions of Administrative Law

Administrative law is a branch of public law which is concerned with the composition powers duties rights and liabilities of the various organ of Government which are engaged in public administration.

Davies: Administrative Law is the law concerning the powers and procedure of administrative agencies. (in his Administrative Law 1951)

Austin regarded Administrative Law as determining the ends and modes to and in which the sovereign powers shall be exercised. They shall be exercised:
1) directly by the monarch or sovereign member or
2) directly by the subordinate political superiors to whom portions of those are delegated or committed in trust.

Holland: Administrative Law as one of his six divisions of public law, the first was constitutional law as dealing with structure the second Administrative Law as being concerned with function of Administrative Agencies.

Bernard Schwartz: Administration law as the law applicable to those administrative agencies which posses powers of delegated legislation and or ad judicatory authority.(in his An introduction to American Administrative Law 1985)

Wade and Philips: It is the law relating to the organization and service performed by the various administrative agencies of government. It deals with the powers of all such bodies and determines their rights and duties.

Dicey: It is the law, which determines:

a) the position and liabilities of all State officials
b) the civil rights and liabilities of private individuals in their dealings with officials as representatives of the State and
c) the procedure by which these rights and liabilities are enforced.

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