Administrative Law
Administrative Law
Administrative Law tests the legal limits on agencies: delegated power, procedural fairness, rulemaking and adjudication, judicial review, and remedies. The exam asks whether the agency acted within its authority and followed the required process.
Core rules
- Legality and delegation: Agencies exercise only powers granted by statute; broad delegations may be valid if they contain an intelligible principle or adequate guidance.
- Procedural fairness: Notice of the case to be met, an opportunity to respond, an impartial decision-maker, and a reasoned decision. The required procedure depends on statute and the seriousness of the impact.
- Rulemaking vs adjudication: Legislative rules have general application and prospective effect; adjudication applies existing law to particular facts. Rules may require consultation and publication; adjudication requires party participation.
- Judicial review: Standing (injury in fact, causation, redressability), ripeness, finality, and exhaustion. Review standards include legality, procedural regularity, and substantive rationality; some systems allow proportionality review.
- Reasons and record: Failure to give reasons or to consider relevant evidence can invalidate a decision.
Worked example
A licensing board revokes A’s licence after receiving an anonymous complaint. A receives no notice of the allegations and no chance to respond. The board’s substantive power to revoke may be clear, but the procedure is unfair: A cannot meet the case or correct mistaken facts. A court would likely quash the revocation and remit for a hearing before an impartial panel. If the statute expressly allows emergency suspension without a prior hearing, a prompt post-suspension hearing may satisfy fairness.
Traps
Do not assume a statutory purpose authorizes any convenient means. Do not confuse the standard of review with the merits: rationality review is deferential but not a rubber stamp. Do not skip standing or exhaustion because the merits look strong. Do not treat all agency statements as binding rules; check publication and intent.