Administrative Law and Administrative Procedure
Power and its limits
Administrative law governs the organisation and activity of public administration and the protection of private persons against unlawful administrative acts. Focus on the types of administrative acts, their form and reasoning, entry into force, and the grounds for annulment.
Concepts you must know
- Discretion versus bound competence; duty to give reasons.
- Administrative act: individual, general, normative; tacit refusal and tacit approval.
- Nullity versus voidability; grounds such as lack of competence, material breach of procedure, ultra vires.
- Administrative Procedure Code: initiation, parties, evidence, time limits, service.
- Judicial review: standing, time limits for appeal, suspensive effect, scope of review.
Traps
- Confusing nullity (act produces no effects) with voidability (act stands until annulled).
- Missing the short appeal deadline; it is usually strictly computed from service.
- Assuming courts substitute their discretion for the administration's; they normally annul and remit.
- Overlooking that a failure to decide may itself be a reviewable tacit act.
Worked example
An authority refuses a permit without reasons. Rule of thumb: absence of reasons is a procedural violation supporting annulment, but not necessarily nullity. The applicant must prove standing and timely appeal; the court may annul and order reconsideration.
Rule of thumb
Identify the act, its type, the deadline, and the ground; then ask what remedy the court can grant.