Administrative Law and Administrative Procedure
Administrative law
Administrative law governs the organisation and activity of executive bodies, public services, permits, inspections and administrative liability. Public bodies must act within statutory powers, for proper purposes, with reasons and proportionately. Administrative courts resolve disputes between private persons and public authorities.
Procedure
- A person affected by an administrative act must have notice and a chance to respond.
- The act must identify the legal basis, facts and reasoning.
- Deadlines for complaint are short and usually mandatory.
- The court may annul, vary or order reconsideration, depending on the code.
Worked example
An inspector fines a shop for a permit violation without a hearing and without recording the facts. The owner appeals. The court checks standing and deadline, then examines whether the inspector had legal authority, whether the facts are proved and whether the hearing right was respected. A serious procedural defect can annul the fine even if a violation may have occurred.
Traps
Do not confuse an administrative offence with an administrative dispute over a public act. Missing the appeal deadline can bar review. A court does not generally substitute its own discretion for lawful agency discretion; it reviews legality, procedure and proportionality.