Administrative Law and Administrative Litigation
What this domain tests
Administrative law and administrative litigation test how agencies make rules and decisions, and how courts review them. Expect questions on statutory authority, procedural fairness, reasons, standing, ripeness, exhaustion, standard of review, remedies, and the limits of judicial intervention.
Core rules and concepts
- An agency acts lawfully only within statutory powers; ultra vires action is invalid.
- Procedural fairness requires notice, an opportunity to respond, an unbiased decision-maker, and, where required, reasons.
- Review generally concerns legality, rationality, and procedure, not the merits of the policy choice.
- Standing requires a sufficient interest; ripeness and exhaustion prevent premature review unless exceptions apply.
- Remedies include quashing, mandatory orders, declarations, and remittal for reconsideration; courts rarely substitute their own decision.
Worked example
A licensing board revokes a practitioner's license after receiving a complaint but without disclosing the complaint or holding a hearing. The board says the statute allows revocation for unfitness. On review, the court finds the decision within the board's power but procedurally unfair. The remedy is to quash the revocation and remit for a fair hearing, not to grant the license.
Traps
Asking the court to reweigh evidence; missing short limitation periods; confusing a failure of reasons with a wrong outcome; and assuming consultation is required in every case.