Administratve Justice
QUESTION:
Explain what administrative law is and, making reference to case law discuss its functions in the governance of a country.
AUTHOR: KATALILO JOY
INTRODUCTION
This paper will explain what administrative law is and its functions in the governance of a country.
It is not easy to give a straight forward definition of administrative law. This is so because administrative law is not law as we know it that which is made by elected officials in an assembly like the National assembly or parliament. In lay terms it can be said to be a means by which the law implementation is monitored. This is so as the person in charge of implementing the law from the legislature is mostly given powers to come up with steps or procedures in which that law will be implemented or is given power to use his discretion in the implemention of that law.
It can therefore be said that it consists of rules and procedures that encourage good administrative practice in government and also it provides mechanisms for redress to those negatively affected by government decisions or actions. In brief, it can be described as the law relating to the administration of government[1]. Administrative law ensures that one indeed has the authority in coming up with those steps or procedures or using the discretion; that those steps or procedures or discretion applied is fair in nature (i.e. they do not conflict with the Constitution), that the application of the procedure or discretion is abide to in handling all events, and that the person administering the steps or or discretion acts reasonably and fairly.
For example, chapter 322 of the Laws of Zambia, in particular, section 198 does confer on the Minister of Finance and national planning the power to make regulations that would regulate the processing of imports and exports in Zambia[2]. Administrative law will therefore, be concerned with the authority of the minister to make the regulations and how these regulations are made. The
Explain what administrative law is and, making reference to case law discuss its functions in the governance of a country.
AUTHOR: KATALILO JOY
INTRODUCTION
This paper will explain what administrative law is and its functions in the governance of a country.
It is not easy to give a straight forward definition of administrative law. This is so because administrative law is not law as we know it that which is made by elected officials in an assembly like the National assembly or parliament. In lay terms it can be said to be a means by which the law implementation is monitored. This is so as the person in charge of implementing the law from the legislature is mostly given powers to come up with steps or procedures in which that law will be implemented or is given power to use his discretion in the implemention of that law.
It can therefore be said that it consists of rules and procedures that encourage good administrative practice in government and also it provides mechanisms for redress to those negatively affected by government decisions or actions. In brief, it can be described as the law relating to the administration of government[1]. Administrative law ensures that one indeed has the authority in coming up with those steps or procedures or using the discretion; that those steps or procedures or discretion applied is fair in nature (i.e. they do not conflict with the Constitution), that the application of the procedure or discretion is abide to in handling all events, and that the person administering the steps or or discretion acts reasonably and fairly.
For example, chapter 322 of the Laws of Zambia, in particular, section 198 does confer on the Minister of Finance and national planning the power to make regulations that would regulate the processing of imports and exports in Zambia[2]. Administrative law will therefore, be concerned with the authority of the minister to make the regulations and how these regulations are made. The