Cecily Zamora
Administrative law is a branch of public law that governs the activities of administrative agencies of the government, including rulemaking, enforcement of regulations, and adjudication. It ensures that these agencies operate within their legal authority and provides a framework for individuals to challenge agency actions, protecting citizens' rights and promoting accountability. Administrative law is part of UK constitutional law that is designed through judicial review to hold executive power and public bodies accountable under the law. 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.
| Characteristics | Values |
|---|---|
| Core 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, with citizens, and with non-governmental bodies; legal methods of controlling public administration; and the rights and liabilities of officials |
| Main topics | The grounds on which decisions and rules made by the executive can be challenged in court; the remedies which can be obtained by applicants challenging administrative decisions; and the liability of public authorities in contract and tort |
| Relationship with human rights | Ensuring compatibility between international human rights and UK law has been considered a binding duty of the courts since World War II, the Holocaust, and the end of the British Empire |
| Relationship with common law | Common law grounds include that public bodies must act within lawful power, uphold legitimate expectations, and natural justice |
| Relationship with constitutional law | Administrative law is part of UK constitutional law and is designed to hold executive power and public bodies accountable under the law |
| Relationship with EU law | The impact of EU law and European and Commonwealth legal systems on domestic administrative law is a topic of study |
| Relationship with the Human Rights Act 1998 | Courts have a duty to interpret legislation so 'far as it is possible to do so' to be compatible with the European Convention on Human Rights |
| Relationship with the tribunal system | The tribunal system of the United Kingdom is part of the national system of administrative justice with tribunals classed as non-departmental public bodies (NDPBs) of judges |
| Remedies | Standard remedies include compensation for loss, restitution of gains, or an award of specific performance; judicial review remedies include quashing orders, prohibiting orders or injunctions, mandatory orders, and declarations |
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What You'll Learn
Judicial review
The two main grounds for judicial review are substantive and procedural. Substantive grounds relate to the substance of the disputed decision, i.e., the 'letter and spirit of the law'. A public body's decision may be outside the law, or not follow the 'proper purpose' for which the public body's powers were conferred. Procedural grounds, on the other hand, are aimed at the decision-making procedure rather than the content of the decision itself. This includes whether the decision-maker correctly understood the law regulating their decision-making power.
There are various types of decisions that may fall within the range of judicial review. These include decisions of local authorities in the exercise of their duties to provide welfare benefits and special education for children, certain decisions of immigration authorities, and decisions relating to prisoners' rights. Judicial review can also be applied to almost any public body, including government departments, local councils, ministers, and the Prime Minister.
It is important to note that judicial review is not always the best course of action if one simply disagrees with a decision. There are alternative remedies, such as appealing to a higher court. Additionally, judicial review does not apply to primary legislation (laws passed by Parliament) even if they are contrary to EU law or the European Convention on Human Rights.
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Human rights
The Human Rights Act 1998 was passed to 'bring rights home', ensuring greater influence by the UK judiciary in defining human rights and making the judicial process quicker. The Act places a duty on courts to interpret legislation so that it is compatible with the European Convention on Human Rights (ECHR) where possible. This is a strong duty, as the Act presumes that Parliament does not intend to violate international human rights law. The ECHR includes the Universal Declaration of Human Rights 1948, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, all of which the UK has ratified.
Judicial review is a mechanism to ensure compatibility between human rights and UK law. Human rights violations are a major ground for judicial review, and the standards are higher in cases where human rights are at stake. The proportionality test is routinely used in human rights reasoning, asking whether a public body's act has a legitimate aim and appropriately balances individual and social interests.
The protection of human rights and civil liberties in the UK is an evolving area, with ongoing debates about reform and changes to the current system. Understanding administrative law is crucial for future legal professionals to grasp how laws are implemented and how government decisions impact daily life.
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Public bodies
Administrative law in the UK is part of constitutional law, focusing on how public bodies operate. It is designed to hold executive power and public bodies accountable under the law. It ensures that public bodies act in a way that is legal, reasonable, and fair.
Any 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. The only public body whose decisions cannot be reviewed is Parliament when it passes an Act. Otherwise, a claimant can argue that a public body's decision was unlawful in several ways, including that it exceeded the lawful power of the body or used its power improperly.
Remedies for unlawful decisions by public bodies include a quashing order (to nullify a decision), a prohibiting order or injunction (to prevent an action), a mandatory order (to require an action), and a declaration of the legal position. A claimant may also seek compensation in tort or contract.
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Decision-making
Any person with a "sufficient interest" can apply to the High Court to challenge a public body's decision within three months of the grounds of the cause of action becoming known. The only public body exempt from judicial review is Parliament when it passes an Act.
The grounds for challenging a public body's decision can relate to the substance of the decision or the procedure by which it was made. For example, a claimant may argue that a decision was outside the 'letter and spirit of the law' or ultra vires. In R (McCarthy and Stone Ltd) v Richmond Council, the House of Lords held that Richmond Council had no statutory power to charge residents a fee to consult its planning officers as deciding planning permission was a statutory duty.
Human rights violations are also a major ground for judicial review. The Human Rights Act 1998 section 3 states that courts must interpret legislation compatibly with the European Convention on Human Rights if possible. This has resulted in a binding duty for courts to ensure compatibility between international human rights and UK law.
Remedies available in judicial review include quashing orders, prohibiting orders, mandatory orders, and declarations. In Chief Constable of the North Wales Police v Evans, the House of Lords held that compensatory damages were a more appropriate remedy than reinstatement for an unlawfully dismissed police officer.
Administrative law also covers the decision-making processes of public bodies, including the legal status and powers of administrative authorities, rule-making, policies, and consultation. It seeks to ensure efficient, economical, and just administration, adapting to new societal challenges while upholding accountability and public participation.
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Redress
Administrative law in the UK is a branch of public law that governs the activities of administrative agencies of the government. It ensures that these agencies operate within their legal authority and provides a framework for individuals to challenge agency actions, protecting citizens' rights and promoting accountability.
The core purpose of administrative law is to ensure that any decisions or actions taken by the government are lawful and, when they are not, to provide redress for grievances. This includes the power to hold executive power and public bodies accountable under the law.
There are several ways in which redress can be sought in the context of administrative law in the UK:
- Judicial Review: Individuals 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. The court will review the substance of the decision and the procedures followed by the public body to ensure compliance with the law, including human rights standards. Judicial review can be sought on grounds such as illegality, procedural impropriety, irrationality, and legitimate expectation.
- Non-Court-Based Forms of Control: Administrative law also encompasses non-judicial mechanisms for addressing grievances against public bodies. This includes the role of 'Ombudsmen', such as the Parliamentary Commissioner for Administration, who can investigate complaints against public authorities and recommend remedies.
- Compensation and Remedies: In certain cases, individuals may seek compensation or other remedies for losses or damages caused by the actions of public bodies. For example, in claims against public bodies in contract, tort, or unjust enrichment, the courts may order remedies such as compensation for loss, restitution of gains, or specific performance.
The availability and suitability of these redress mechanisms will depend on the specific circumstances of each case, the nature of the grievance, and the public body involved.
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Frequently asked questions
Administrative law is a branch of public law that governs the activities of administrative agencies of the government, including rulemaking, enforcement of regulations, and adjudication. It ensures that these agencies operate within their legal authority and provides a framework for individuals to challenge agency actions, protecting citizens' rights and promoting accountability.
The main topics covered in administrative law include:
- The grounds on which decisions and rules made by the executive can be challenged in court.
- The remedies that can be obtained by applicants challenging administrative decisions.
- The liability of public authorities in contract and tort.
The core purpose of administrative law is to ensure that any decisions or actions taken by the government are lawful and, when they are not, to provide redress for grievances.
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