Administrative Law and Administrative Litigation
Administrative Law and Administrative Litigation tests the legality of public authority and the scope of judicial review. Expect problems on administrative acts, discretion, procedure, standing, and the types of administrative litigation.
Core rules
- An administrative act is a unilateral, external declaration by an authority with legal effect. Internal instructions and preparatory acts are generally not reviewable acts.
- Legality requires statutory authority, proper procedure, correct facts, and conformity with proportionality and equality.
- Discretion is lawful only within statutory limits; abuse includes irrelevant considerations, improper purpose, and capriciousness.
- Due process ordinarily requires notice, reasons, and an opportunity to be heard before an adverse act.
- Administrative litigation includes annulment, confirmation, performance, and payment claims; standing and exhaustion requirements must be checked.
Worked example
A city revokes a taxi permit after a traffic violation without a hearing. The revocation is an administrative act with legal effect. The court asks whether a statutory ground existed and whether the required hearing was given. Even if a ground exists, failure to provide the required procedure makes the act unlawful. The court reviews legality, not the policy merits, and may annul the revocation. If the authority had discretion, the court also checks whether the discretion was exercised within statutory limits.
Traps
- Suing over an internal directive rather than an external act.
- Missing the filing period or exhaustion requirement.
- Confusing annulment with a performance claim.
- Arguing policy instead of statutory legality.
- Overlooking standing of a neighboring affected party.