Administrative law, the legal framework within which public administration is exercised. It stems from the need to create and develop a system of public administration under the law, a concept that can be compared to the much older concept of justice under the law. Since administration involves the exercise of power by the executive branch of government, administrative law is of constitutional, political and legal importance. In this context, only the broadest generalities can be attempted. It can be argued that all States, regardless of their economic and political system or level of development, aspire to high economic growth and a higher average per capita income. They pursue all the objectives of modernization, urbanization and industrialization. They all try to provide the most important social services, especially education and public health, at the highest possible level. The level of public expectations is much higher than in the past. The government is expected not only to maintain order, but also to move forward.
There is a widespread belief that wise and well-targeted government action can eradicate poverty, prevent severe unemployment, raise the nation`s standard of living and promote rapid social development. People in all countries are much more aware of the impact of government on their daily lives and its potential for good and evil than their ancestors. It is often said that the study of history is important for understanding the present and the future. Nor can the study of public administration be complete without understanding the development and progress of civilizations. Administrative law is valuable for controlling bureaucracy. In liberal-democratic systems of government, political and judicial control of the administration is seen as complementary, but different. The first deals with policy issues and the administrative and expenditure responsibility of the executive. The latter deals with the investigation of certain complaints.
Administrative law does not include control of policy by ministers or the head of state. Whatever the source of the executive branch`s regulatory power, safeguards against abuse are needed. Thus, the regulations cannot exceed the delegated authorities; its provisions must be compatible with the objectives of the guardianship status; Prior consultation of interests likely to be affected should take place whenever practicable. and the rules must not violate the relevant constitutional provisions and legal norms. In some countries, regulations are reviewed by a type of watchdog known as the Council of State before they come into effect. in others, by the Parliamentary Assembly; and in still others by the ordinary courts. One of the main objectives of administrative law is to ensure efficient, economical and equitable administration. An administrative legal system that obstructs or hinders administration would clearly be wrong, as would a system that leads to injustice to the individual. However, in order to assess whether administrative law promotes or hinders efficient administration or operates in such a way as to deprive individuals of justice, it is necessary to examine the objectives that the public administration is intended to serve and the means it uses. Legal instructions to executive authorities may impose absolute obligations or delegate discretionary powers that authorize a particular action in certain circumstances.
These laws may provide general instructions for activities such as factory inspection, slum clearance or urban planning. The law establishes the conditions under which the administration may act lawfully and confers the corresponding powers on the authorities, many of which involve a wide margin of appreciation. Here, the executive branch is not limited to carrying out the directives of the legislative branch; Often, it also participates in the legislative process by being empowered to issue ordinances or regulations dealing with matters not regulated by law. This can be seen either as part of the normal process by which legislators delegate their powers, or as an inevitable feature of modern government, as many issues are changed too technically, in detail, or frequently to be included in the body of legislation – laws are less easy to change than regulations. Activities such as traffic control, fire protection services, law enforcement, smoke extraction, construction or repair of highways, provision of currency, spatial planning and collection of customs and excise duties are usually carried out by governments whose executive bodies represent the collective will of the community and act for the common good. For this reason, they are given powers that are not normally delegated to individuals. They may have the right to violate citizens` property rights and restrict their freedom of action in a variety of ways, ranging from quarantining infectious persons to initiating criminal proceedings for non-payment of taxes. To give another example, the postal laws of many countries favour mail at the expense of the customer in a way unknown to ordinary carriers. Again, a public authority involved in slum clearance or housing construction tends to be in a much stronger legal position than a private developer.
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