Administrative Law and Professional Ethics
Principles of Administrative Law
Administrative law controls the exercise of public power. Know the grounds of judicial review: illegality, irrationality, procedural impropriety, and proportionality. Study the rules of natural justice: audi alteram partem (hear the other side) and nemo judex in causa sua (no one should be judge in his own cause). Understand legitimate expectation, delegated legislation, and the distinction between administrative and quasi-judicial functions.
Remedies and Tribunals
Revise the writs available under Article 102 of the Constitution and the role of administrative tribunals. Know the doctrine of ultra vires, the requirement of reasons in administrative decisions, and the effect of a failure to comply with mandatory procedural requirements.
Professional Ethics
Study the Bangladesh Bar Council Order, 1972, the Advocates Act, 1961 (as applicable in Bangladesh), and the Bar Council Rules. Know the duties of an advocate to the court, to the client, to the profession and to the public. Understand the grounds for professional misconduct, the disciplinary procedure before the Bar Council Tribunal, and the prohibition on advertising and touting.
Traps
Questions often test whether natural justice applies to purely administrative acts (it applies where civil consequences follow), the difference between a writ of certiorari and mandamus, and whether an advocate may refuse a brief. Another trap is the treatment of contempt of court by an advocate.
Rule of Thumb
For any administrative action, ask: was the decision-maker authorised, did he follow procedure, was the decision reasonable, and did he observe natural justice? For ethics, ask whether the conduct breaches a duty to the court, client or profession.