LAW 507

ADMINISTRATIVE LAW

PREPARED BY :-
MUHAMMAD FIKRI BIN OTHMAN

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Syllabus Content
 What is Administrative Law
 Definition of Administrative Law
 Scope
 Classification of Administrative Functions

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What is Administrative Law?

 Deals with the powers and functions of the

administrative authorities, the manner in
which the powers are to be exercised and
remedies which are available to the
aggrieved persons when those powers are
abused by these authorities.
 the branch of public law which is
concerned with the relationship between
individual and government agencies.

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Why Study Administrative Law?
 To understand our rights and responsibilities
while dealing with administrators
 To understand the duties and responsibilities
of the administrators

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 Who are the Administrators?
 Public authorities or public bodies or
government agencies
 Eg – local auhorities, police, immigration,
customs etc

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 Definition of Administrative Law

• Law relating to the discharge of

functions of public nature in
government and administration.
• It includes functions of public
authorities and of officers and of
Halsbury’ tribunals, judicial review of the
s Laws of exercise of those function, the civil
Malaysia liability and legal protection of those
purporting to exercise them and
aspects of the means whereby extra-
judicial redress may be obtainable at
instance of persons aggrieved.

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Definition of A.L…
A.W. Bradley & K.D. Ewing

“…it is that branch of public law

concerned with the composition,
procedures, powers, duties, rights
and liabilities of the various organs of
government which are engaged in
administrating public policies”

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Definition of A.L…

AL is a branch of
Public Law which is
concerned with the
Wade composition, The most
and powers, duties, accepted
rights, and liabilities view
Philips of various organs of
government that are
engaged in
administration.

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Definition of A.L…

is the law
concerning the including especially
the law governing
C. K powers and
judicial review of
Davis procedures of administrative
administrative action”
agencies

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Scope of Administrative Law
The structure , powers and function of the organ of
administration

The limits of their powers

The methods and procedures followed by them in

exercising their powers and functions

The method by which their powers are controlled

The legal remedies available to a person against them

when his rights are infringed by their operation

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 Functions of A.L.

(1) To ensure that the

government’s power are:- (3) To see that public
(i) carried out by the public (2) To protect the authorities can be
authorities in accordance with citizen against abuse compelled to
of power by the perform their duties
the law (i.e exercised based on
public authorities if they make default.
proper legal principles, rules of and to ensure that the E.g: The Inland
reason and justice and not on government acted Revenue’s duty to
the fancy of administrative according to legal repay tax, the
officers) limit of law. licensing authority
(ii) not misused, abused or duty to grant licence.
exceeded

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Relationship between A.L. & Const.L
 Close relationship & inter-related

Constitutional Law deals

with the structure, powers
and functions of the three Administrative Law regulates
organs of government and the duties and exercise of
the rights of individuals statutory powers by the
under the government. administrative authorities and to
give redress to the person affected
by the administration action.

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Growth & Expansion of A.L.
 Reasons for growth of A.L.:
(2) change in philosophy of
(1) growth of administrative the role and function of the
device, functions & powers state (from laissez faire to
social welfare state)

Results in increased of powers Laissez faire denoted

used by government to provide individualism ie- minimum
for defence, maintain law and govt control over private
order etc enterprise

Govt did not interfere with State’s role – limited to

free enterprise, managing and defending country from
regulating social & economic external aggression,
life in the country. maintain law and order etc.

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Growth & Expansion of A.L.
 Effects of laissez faire:
 Uncontrolled contractual freedom resulted in the stronger exploiting
the weaker.
 Concentration of wealth in a few hands
 The management exploited labour, slum, child labour, unhealthy and
dangerous conditions of work.
 unhappiness of the majority & state intervention in the socio-
economic welfare is required - concept of social welfare state emerged

 The concept of social welfare state

 state become an active instrument to promote socio-economic welfare
of the
 people – builds roads, run railway, postal and telephonic services;
build houses etc
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Functions of a Modern State
to defend the country
Protector against external or
internal attack.
to undertake several
public undertakings and
enterprises

Entrepreneurs Functions Provider

to control various activities of to provide social services and

the community (urban minimum welfare to the people
planning, environmental to ensure a minimum standard of
control and regulation of Regulator living (provisions of pensions,
economic activities of medical assistance, welfare
individuals) benefits etc)

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 Classification of Administrative
Functions
Powers given to
Legislative minister to make
SL

Decision making
Judiciary process
Administrative
Functions
Executive To enforce law &
(Administrative) regulation

Pure Does not involve

Administrative any discretion to
(Ministerial perform this
Function) function
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Legislative Functions
 The administration lays down general rule of conduct or policy.
 A function discharge by administrative authority is legislative
in nature and it is of general application.
 An example of legislative function is the making of subsidiary
legislation.
 Generally, the courts will not award certiorari to quash
legislative order.
 Natural Justice is not applied to administrative authorities
exercising legislative function.
 An authority to sub-delegate legislative power will be allowed
on the exceptional circumstances.

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Judicial Functions
 The judicial power - lies with the courts
 The judicial power perform by the administration –
known as quasi-judicial
 Quasi-judicial is an administrative proceeding with
some ‘judicial’ elements.
 Examples of quasi-judicial functions:

i. acquiring property for public purpose.

ii. dismissal or termination of services
iii. disciplinary action against a professional man
iv. expulsion of a student on the ground of
misconduct
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Judicial Function…
v. termination of licence
vi. control of rent
vii. Industrial Court or Industrial Arbitration
Tribunal
viii.granting Letters of Administration
ix. deprivation of citizenship
 NJ need to be observed by authority acting in
judicial and quasi-judicial functions

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Executive Functions
(Administrative)
 Functions which are not ‘legislative’ or ‘adjudicatory’
 Example of administrative function
i. administration of education, health and
transportation services
ii. internal security
iii. Withdrawal of work permit/licenses
 Up to 1964, the administrative authority exercising
administrative (executive) functions were not subject
to NJ
 Required to apply NJ if there is a ‘legitimate
expectation’

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Pure Administrative (or Ministerial)
Functions
 Example of pure administrative functions are :
i. registration of births and deaths
ii. regulation for businesses and activities
iii. grant of licenses
iv. grant of permission
v. political decisions to grant a pardon
vi. police decision to arrest. to investigate, to raid or to prosecute an officer
inspection
vii. granting or refusing applications for registration of a trade union
 Not allowed to use discretion
 Required to act according to the rules and procedures
 NJ – not applicable
 The court may issue an order of mandamus for non-fulfilment of the
functions.
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THANK YOU

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