Administrative Law
Administrative Law- GPR 203
Module 2: EVENING
Lecture Notes
By: Prof. Migai Akech
Lecture 1 and 2: Thursday October 2012 – B3 5.30-8.30 PM
INTRODUCTION
Definition
Administrative law is the law relating to the control relating to government power.
The primary purpose of administrative law is to keep the powers of government within their legal bounds, so as to protect citizens against abuse.
Nature and Purpose of Administrative law
Article 47 of the constitution
(1) Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.
(2) If a right or fundamental freedom of a person has been or is likely to be adversely affected by administrative action, the person has the right to be given written reasons for the action.
(3) Parliament shall enact legislation to give effect to the rights in clause (1) and that legislation shall—
(a) Provide for the review of administrative action by a court or, If appropriate, an independent and impartial tribunal; and
(b) Promote efficient administration.
It deals with how power is acquired, used and how to remedy improper use of power.
What is Power?
Steven Lukes in his book: Power a Radical View defines power as the capacity to dominate other beings.
That domination is expressed in three ways:
1. A person ‘A’ can exercise power over ‘B’ by making ‘B’ act in a manner that is not in the interest of B. It is a one dimensional decision making power.
Example: One person wins a political struggle against another then imposes his will by punishing them if they don’t cooperate. The winner takes it all and ‘A’ imposes his will by threatening.
2. Person ‘A’ can impose power over ‘B’ by creating barriers to the public airing policy conflicts and thus ensures public knowledge to things that are harmless to ‘A’. It discourages/ makes its hard for the other person to express themselves and demands for change are suffocated. It is a non
Module 2: EVENING
Lecture Notes
By: Prof. Migai Akech
Lecture 1 and 2: Thursday October 2012 – B3 5.30-8.30 PM
INTRODUCTION
Definition
Administrative law is the law relating to the control relating to government power.
The primary purpose of administrative law is to keep the powers of government within their legal bounds, so as to protect citizens against abuse.
Nature and Purpose of Administrative law
Article 47 of the constitution
(1) Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.
(2) If a right or fundamental freedom of a person has been or is likely to be adversely affected by administrative action, the person has the right to be given written reasons for the action.
(3) Parliament shall enact legislation to give effect to the rights in clause (1) and that legislation shall—
(a) Provide for the review of administrative action by a court or, If appropriate, an independent and impartial tribunal; and
(b) Promote efficient administration.
It deals with how power is acquired, used and how to remedy improper use of power.
What is Power?
Steven Lukes in his book: Power a Radical View defines power as the capacity to dominate other beings.
That domination is expressed in three ways:
1. A person ‘A’ can exercise power over ‘B’ by making ‘B’ act in a manner that is not in the interest of B. It is a one dimensional decision making power.
Example: One person wins a political struggle against another then imposes his will by punishing them if they don’t cooperate. The winner takes it all and ‘A’ imposes his will by threatening.
2. Person ‘A’ can impose power over ‘B’ by creating barriers to the public airing policy conflicts and thus ensures public knowledge to things that are harmless to ‘A’. It discourages/ makes its hard for the other person to express themselves and demands for change are suffocated. It is a non