Cameron Miranda
Administrative law is a branch of law that ensures the executive branch of the government operates within the law and serves the public interest. It is a legal framework for public administration, covering the organisation, powers, duties, and functions of public authorities. The main functions of administrative law include regulating the actions of government agencies, ensuring accountability and transparency in government decisions, providing a framework for legal challenges against agency actions, and protecting individual rights against arbitrary government actions. Administrative law involves rulemaking, adjudication, enforcement of a regulatory agenda, and the issuance of permits. Citizens can challenge the actions of administrative agencies in court if they believe their rights have been violated.
| Characteristics | Values |
|---|---|
| Purpose | To ensure that any decisions or actions taken by the government are lawful and, when they are not, to provide redress for grievances |
| Scope | Covers the organisation, powers, duties, and functions of public authorities of all kinds engaged in administration; their relations with one another and with citizens and non-governmental bodies; legal methods of controlling public administration |
| Functions | Regulating the actions of government agencies, ensuring accountability and transparency in government decisions, providing a framework for legal challenges against agency actions, and protecting individual rights against arbitrary government actions |
| Activities | Rule-making, adjudication, enforcement of a regulatory agenda, and the issuance of permits |
| Agencies | Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Securities and Exchange Commission (SEC) |
| Judicial Review | A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest", within three months of the grounds of the cause of action becoming known |
| Common Law Grounds | Public bodies must act within lawful power, uphold legitimate expectations, and natural justice |
| Remedies | Standard remedies include compensation for loss, restitution of gains, or an award of specific performance |
| Public Interest | Public interest groups have standing to challenge decisions of public bodies |
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What You'll Learn
Holding executive power and public bodies accountable
Administrative law is a branch of UK constitutional law that ensures executive power and public bodies are held accountable under the law. It is a legal framework within which public administration is carried out. The law is designed to ensure that the executive branch of the government operates within the law and serves the public interest.
The main functions of administrative law include regulating the actions of government agencies, ensuring accountability and transparency in government decisions, providing a framework for legal challenges against agency actions, and protecting individual rights against arbitrary government actions. It is primarily concerned with judicial control of the activities of the executive branch of government. It covers the substantive and procedural provisions relating to central and local governments and judicial review of administration.
Administrative law is not concerned with the merits of a decision, such as whether a decision was a good one or based on a correct interpretation of the law. Instead, it focuses on two aspects: ensuring that public bodies do not act outside their powers and that they exercise their powers in a lawful way. This involves verifying that the person or body performing a function has the authority to do so and that they do not exceed the scope of their powers. When making decisions, public bodies must also act reasonably, for a proper purpose, and in a procedurally fair and impartial manner, taking into account all relevant considerations.
Citizens can challenge the actions of administrative agencies in court if they believe their rights have been violated. This can include claims about the 'substance' of a public body's decision and the 'procedure' behind it, with remedies such as quashing orders, prohibiting orders, mandatory orders, and declarations.
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Challenging public bodies' decisions
Administrative law in the UK is designed to hold executive power and public bodies accountable under the law. It ensures that the executive branch of government operates within the law and serves the public interest. Citizens can challenge the actions of administrative agencies in court if they believe their rights have been violated.
Judicial review is a legal process that allows individuals or groups to challenge the decisions, actions, or inaction of public authorities in the UK. The main purpose of judicial review is to ensure that public bodies do not exceed their legal powers or act in ways that are unjust. It acts as a check on government and other public authorities, making sure they follow the law and respect the rights of individuals. Judicial reviews can be used to challenge decisions about immigration, housing, education, healthcare, and policing, where individuals argued that their rights had not been properly considered.
The process of judicial review involves identifying a decision to challenge, usually by sending a 'pre-action letter' to the public body, and then bringing the review before the Planning Court or the Administrative Court, which is a specialist court within the Queen's Bench Division of the High Court of Justice. The Administrative Court can also review decisions made by other courts, tribunals, and public bodies or bodies exercising the function of public bodies. Cases may be heard by one High Court judge or by a 'Divisional Court' consisting of multiple judges.
A judge decides if there is merit in the claim, rejecting any applications that are unsuitable. If the matter proceeds to a full hearing, evidence will be received and "skeleton" arguments from the legal representatives will be presented. The judges will read the papers in advance and either an oral or written judgment will be handed down, often followed by a discussion regarding costs.
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Ensuring compatibility between international human rights and UK law
Administrative law in the UK is primarily concerned with the judicial control of the activities of the executive branch of government. It helps ensure that government actions are lawful and transparent, balancing the need for effective governance with the rights of citizens.
Since World War II, the Holocaust, and the end of the British Empire, ensuring compatibility between international human rights and UK law has generally been considered a binding duty of the courts. The UK is bound by many UN Human Rights Treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). The ICCPR, which came into force in 1976, aims to protect civil and political rights. The ICESCR ensures the enjoyment of economic, social and cultural rights, including the rights to education, fair and just conditions of work, an adequate standard of living, the highest attainable standard of health, and social security. The UK has also ratified Protocol No. 13 to the Convention on the abolition of the death penalty in all circumstances.
The UK is a member of the Council of Europe, an international organisation for the promotion of democracy, human rights, and the rule of law. The European Convention on Human Rights (ECHR) is an international treaty between the Council of Europe's member states. The UK was one of the first states to ratify the ECHR in 1951, and it came into force in 1953. The ECHR incorporates substantive rights and freedoms, such as the right to free enjoyment of property, the right to education, and the right to free and fair elections. The European Court of Human Rights (ECtHR) rules on individual or state applications regarding possible violations of the rights set out in the ECHR. The UK has also signed and ratified the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and its Optional Protocol (OPCAT).
The Human Rights Act 1998 provides structured, statutory guidance to the courts on ensuring compatibility between international human rights and UK law. It makes reference to almost all ECHR rights binding on the UK and requires public authorities to comply with them. The Act allows citizens to challenge the actions of administrative agencies in court if they believe their rights have been violated. The UK's compliance with international human rights law is monitored by organisations like JUSTICE, which work to promote respect for international human rights law within the justice system.
Any reform efforts that result in a substantive reduction of human rights protection within the UK's domestic legal order would place the UK in breach of international law. This could lead to a higher number of successful cases brought against the UK at the ECtHR and potentially sour relations with the ECHR system.
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Adjudicating administrative tribunals and hearings
Tribunals in the UK typically sit as a panel, including a judge (previously known as a legally qualified tribunal chairman) and panel members with specific areas of expertise. They are responsible for hearing evidence from witnesses and considering documents before making a decision. The tribunal's decision is typically given either at the hearing or in writing afterward, and parties involved receive a written decision. Tribunals have limited powers to impose fines, penalties, award compensation, and costs, or make decisions on benefits, immigration status, or educational provisions.
The role of an Administrative Law Judge in the UK legal system involves presiding over and adjudicating these administrative tribunals and hearings. They ensure fair and impartial hearings, issue decisions based on evidence and legal principles, handle pre-hearing matters, and provide guidance on procedural rules. Administrative Law Judges also guide non-legally qualified parties through the necessary procedures, making the system more accessible to all.
Administrative tribunals are an essential part of the UK's administrative law system, providing a forum for resolving disputes, ensuring transparency, and holding the executive branch accountable for its actions. They operate within a two-tier system, with a First-tier Tribunal and an Upper Tribunal, which reviews and decides appeals from the former. This system allows for specialist judges and expertise to be utilised, ensuring a fair and informed decision-making process.
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Regulating and enforcing specific statutes
Administrative law in the UK is primarily concerned with the judicial control of the executive branch of government. It involves a range of activities, including rulemaking, adjudication, enforcement of a regulatory agenda, and the issuance of permits.
Agencies are responsible for the regulation and enforcement of specific statutes enacted by the legislature. These agencies are empowered by statutes to make rules, enforce laws, and adjudicate disputes. They monitor and enforce compliance with laws and regulations, ensuring that government actions are lawful and transparent. For example, the Environmental Protection Agency (EPA) proposes new environmental regulations and invites comments from the public, businesses, and other stakeholders before finalizing its rules.
The lawfulness of the decisions of bodies exercising public functions is supervised and enforced through court proceedings called "judicial review." Judicial review is a remedy of last resort, meaning claimants must demonstrate they have exhausted all alternative remedies before applying. It is available when another adequate form of legal redress is not available. The principal role of judicial review is to ensure that governmental power is not exercised without lawful authority conferred by an Act of Parliament, the common law, or (in certain cases) the royal prerogative.
Administrative law also provides mechanisms for public participation, allowing individuals to voice their opinions on proposed regulations. It helps ensure that administrative agencies conduct their functions in a manner that is fair, transparent, and accountable. Some key principles include legality, transparency, participation, due process, and proportionality.
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