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09. Judicial Review I - Introduction to Judicial Review
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09. Judicial Review I - Introduction to Judicial Review
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BEK Chapter 27ADMINISTRATIVE LAW – AN INTRODUCTION
Introduction
Definition of administrative law = branch of public law concerned with the composition,
procedures, powers, duties, rights and liabilities of various organs of the executive
(government) that are engaged in administering public policies
o Policies are either laid down in legislation of developed by the government/other
authorities in the exercise of their executive powers
The core of administrative law is the provision of processes independent of government, for
the prevention of arbitrary government action, which respect the separation of powers
o Review the way government exercises its authority (which is conferred upon it by
parliament)
Why must there be a whole branch of administrative law? And not the same for parliament
and the courts?
o After WWII, the state grew significantly (in terms of health, education, environment,
immigration, employment and manpower, foreign affairs, etc.) executive
manages and administrates all these functions of the state
o Hence, justifies a whole sector of law to study the operation of this branch (i.e.
executive); itself in relation to others; the function to limit the powers of this huge
apparatus
A decision is arbitrary if the decision maker is unresponsive to reasons for giving one
decision rather than another
o What’s wrong with an arbitrary government?
o Arbitrary government is government that is contrary to the rule of law
o Watch: The Last King of Scotland
Hence the core task of administrative law is to impose the rule of law on public authorities
(‘the administration’)
Judicial review = doctrine under which executive actions are subject to review by the
judiciary
o procedure in English administrative law by which the courts in England and Wales
supervise the exercise of public power on the application of an individual
Functions of administrative law
Enable tasks of government to be performed, by creating administrative agencies and
equipping them with powers to act on behalf of the state and of the community at large
Govern the relations between public bodies
Govern relations between a public agency and the individuals or private bodies over whose
affairs the agency exercises power
The executive includes ALL public authorities except the courts and Parliament
o E.g. police, etc.
Administration includes the conduct of the executive, except conduct in Parliament
o Those in parliament are not governed by administrative law, and by extension,
judicial review, but are governed by the laws of parliament
Administrative law concerns all public action (including the work of inferior courts) that is
not taken in the High Court or in Parliament, provided the issues at stake are suitable for a
court to determine
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