Administrative Law
Administrative Law
This domain tests delegated legislation, administrative discretion, natural justice, reasoned decisions and judicial review by writ. The focus is legality and procedure, not the merits of policy.
Core rules
- An administrative body must act within its statutory powers.
- Natural justice requires a hearing and an unbiased decision-maker: audi alteram partem and nemo judex in causa sua.
- Discretion must be exercised lawfully, reasonably and for the purpose conferred by statute.
- Delegated legislation must remain within the parent Act and follow prescribed procedure.
- Courts review legality, jurisdiction, procedure and rationality; they do not substitute their own policy choice.
Worked example
A licensing officer cancels a licence without notice or reasons. The licensee seeks certiorari. The order breaches natural justice because no hearing was given, and it lacks reasons. The court may quash the decision and order a fresh hearing. The court will not decide whether the licence should ultimately be granted; that is for the officer.
Traps
Do not ask the court to review the merits as if it were an appeal. Alternative remedy is not an absolute bar to writs, but it affects discretion. Do not ignore statutory time limits and appeal clauses. A policy decision is not unlawful merely because it is harsh.