Administrative Law and Constitutional Principles
Administrative Law and Constitutional Principles tests whether you know the limits on official power: legality, fairness, reasonableness and the remedies available when power is abused.
Core rules
- Rule of law: power must have a legal source, discretion is never absolute, and no one is punished except for a breach of law established through due process.
- Natural justice has two limbs - audi alteram partem (hear the other side) and nemo judex in causa sua (no one judges their own cause). Bias, even apparent bias, disqualifies a decision-maker.
- Ultra vires: delegated legislation or an official act is void if it exceeds the enabling statute.
- Delegatus non potest delegare: a statutory power must be exercised by the authority named in the statute unless delegation is expressly permitted.
- Writs and remedies: habeas corpus against unlawful detention; mandamus to compel a public duty; certiorari to quash a flawed decision; prohibition to stop proceedings; quo warranto against unlawful claim to office.
- Grounds of review: illegality, irrationality, procedural impropriety, and proportionality in rights-based contexts.
Worked example
A statute confers the power to issue cinema licences on "the Licensing Authority". The holder of that office asks a junior officer to sign licences without any statutory authorisation. The signatures are invalid: the power belongs to the named authority and delegation is not authorised. The junior officer cannot cure the defect by being competent, and the correct route is formal authorisation under the statute or the officer signing personally.
Traps
Treating a fair outcome as curing an unfair procedure; confusing appeal (merits) with judicial review (legality and process); and choosing the wrong writ - mandamus compels, certiorari quashes.