Administrative Law
Administrative Law
This domain tests how law controls administrative action, especially delegated legislation, natural justice and judicial review.
Core rules and concepts
- Administrative law is the body of law concerning the organisation, powers, procedures and liabilities of public administration. It is not simply law made by administrators.
- Delegated legislation is law made by the executive under authority granted by a parent Act. It is valid if within the enabling power, procedurally correct and not inconsistent with the parent Act; it needs legislative and judicial control.
- Natural justice requires a fair hearing (audi alteram partem) and an unbiased decision-maker (nemo judex in causa sua).
- Courts review legality, jurisdictional error, procedural impropriety and irrationality; writs include certiorari, mandamus, prohibition, quo warranto and habeas corpus.
- Tribunals handle specialised disputes but remain subject to constitutional review.
Worked example
A licensing officer cancels a shop licence without notice or hearing. The order is procedurally improper: the licensee had a right to be heard. A court may quash it and require a fresh decision, even if the substantive licensing rule was valid.
Traps
Do not say delegated legislation is always unconstitutional. Do not reduce administrative law to judicial review alone. Do not confuse natural justice with a full criminal trial.