Nature of Administrative Law

Nature of Administrative Law

As the name of this branch of the law clearly implies, Administrative Law is the law relating to the administration of the State. Administration of the State is the detailed and practical implementation of the policies of the central government aimed at the running of the State.

 

Purpose of Administrative Law

 

Administrative Law regulates legal relations between public authorities and private individuals and bodies, and between a public authority and other public authorities. One of the primary functions of Administrative Law is to exert reasonable legal control over the way in which administrative authorities exercise their functions in order to ensure that these authorities do not exceed or abuse their powers. Administrative Law also has the positive role of facilitating good administration by enforcing the rules that are conducive to sound administration. It is not the function of the courts to usurp the role of administrators, and it is certainly not the role of the courts to obstruct the implementation of progressive legislation. The law thus tries to promote effective use of administrative power, whilst at the same time providing protection against misuse of power. It has been said that it tries to achieve a balance between public authorities and those with whom they interact, and in the process to ensure the maintenance of public interest.

 

Administrative Law has developed a set of remedies that are available to persons who havesuffered as a result of illegal or irregular administrative action.