...LAW 443 ADMINISTRATIVE LAW I NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF LAW COURSE CODE: Law 443 COURSE TITLE: Administrative Law I 1 LAW 443 ADMINISTRATIVE LAW I Course Code: Course Title: Course Developer/Writer: Administrative Law I Law 443 Simeon Igbinedion, LL.B., LL.M., B.L., PH.D., Faculty of Law, University of Lagos. Professor Animi Awah Ifidon Oyakhiromen, LL.B, LLM, M.Phil, Ph.D, BL Course Editor: AG. Dean,/Programme Leader: Course Coordinator: Mr. Ayodeji ige, LLM, BL 2 LAW 443 ADMINISTRATIVE LAW I COURSE GUIDE CONTENTS PAGE Introduction ……………………………………………………………………….. 1 What You Will Learn in this Course …………………………………………….... 2 Course Aims ………………………………………………………………………. 3 Course Objectives ………………………………………………………………… 3 Study Units ……………………………………………………………………….. 3-4 Tutor-marked Assignment ……………………………………………………....... 4 References/Further Reading ……………………………………………...……. 4 3 LAW 443 ADMINISTRATIVE LAW I Introduction Consider a situation where your residential property in which you have lived for decades has been demolished by the authorities of the FCT, or the Lagos State Ministry of Environment for allegedly being located in an industrial area. Suppose some customs officers at a checkpoint found you in possession of items which they claim to be contraband and, therefore, seized pursuant to the new Customs policy of zero-tolerance of goods likely to endanger the economic growth or contribute to the...
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...Soft law as defined by Timothy L Meyer is a body of legally non-binding instruments that are given legal effect through domestic law- laws of a state or a nation- or internationally binding agreements such as treaties. In the area of international law, it is known that ‘soft law’, in the sense of guidelines of conduct (such as those formulated by the United Nations concerning the operations of transnational companies) which are neither strictly binding norms of law, nor completely irrelevant political maxims, and operate in a grey zone between law and politics, is considered a special characteristic of international economic law and of international environmental law. According to Davis and Nachura, an administrative body is any governmental organ or authority, other than a court or legislative body, which affects the rights of private parties, through rule-making and adjudication. An administrative body is described as a department, bureau, office, commission, authority or officer of the National Government authorized by law or executive order to make rules, issue licenses, grant rights or privileges, and adjudicate cases; research institutions with respect to licensing functions; government corporations with respect to functions regulating private right, privilege, occupation or business; and officials in the exercise of disciplinary powers as provided by law. An example is the establishment of the Commission of Human Rights and Administrative Justice (CHRAJ) by article...
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...to Common Law and American Legal System 01/10/2016 Administrative law Administrative agencies and executive departments Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. This kind of law is considered as a branch of public law and they are faced with the decision-making of administartive units of government, such as tribunals, commissions, or boards, that are considered as a part of national regulatory scheme, in areas that include police law, international trade, manufacturing, the enviroment, taxation, broadcasting, immigration, and transport.The expansion of administrative law happend during the 20th century, when many government agencies were created in order to regulate economic, political, and social areas of human interaction. Administrative agencies are created by the federal Constitution, the U.S. Congress, state legislatures, and local lawmaking bodies to managecrises, redress serious social problems, or oversee complex matters of governmental concern beyond the expertise of legislators. Administrative agencies are specialized governmental entities that are in charge of detail managing and gaps filling. Powers and functions given to these agencies are interchangeable, which means that their powers can be executive, legislative, or judicial. The responsability of the administrative agencies...
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...Judicial Review in respect of the decision of the President of Zambia to appoint a Tribunal to investigate the Applicants and to suspend the applicants. An Ex-part order was granted by Hon. Mrs Justice F. Chisanga to the applicants for leave to apply for judicial review. The leave granted to the applicants operated as a stay of the decision of the President. Therefore judicial review is a High Court procedure for challenging administrative actions. Delegated legislation may also be challenged. It allows individuals, businesses or groups to challenge in court the lawfulness of decisions taken by Ministers, Government Departments and other public bodies. These bodies include local authorities, the immigration authorities, and regulatory bodies and some tribunals. In the case of R v HM the QUEEN in Council, ex parte Vijayatunga[2], Mr Justice Simon Brown ( now Lord Brown of Eaton Under Heywood) observed that “judicial review is the exercise of the court’s inherent power at common law to determine whether action is lawful or not; in a word to uphold the rule of law”.[3] Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached. It is not really concerned with the...
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...WHAT IS ADMINISTRATIVE LAW? Broadly, AL might be defined as the legal control of govern’t More narrowly, AL consists of those legal principles at define the authority and structure of administrative agencies, specify the procedures agencies must follow, determine the validity of administrative decisions and define the role of reviewing courts and other organs of govern’t in relation to a.a. Each particular field of regulation has its corresponding substantive and procedural law. AL as such deals with the general principles and rules that cut across the particular substantive fields and apply t a.a. generally. These principles include 3 basic bodies of law: (1) constitutional law; (2) statutory law, including above all the APA; (3) a form of federal com mon law, embodied in judicial decisions that do not have a clear constitutional or statutory source. REGULATION Aa are engaged in regulation. Regulatory agencies develop and enforce prohibitions or obligations with which private firms and/or individuals must comply (some agencies aren’t regulatory, but benefactor: they’re engaged in disbursing govern’t benefits). PROBLEMS THOUGHT TO CALL FOR (ADMINISTRATIVE) REGULATION One can imagine a govern’t without agencies, but no govern’t can avoid “regulation”. The common law is in fact a regulatory system, although outside the definition set out above: it depends on the creation and enforcement , by law, of a set of rights, notably those creating private property and enforceable...
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...Farida Mc Dougall. PAR 2450- DL 01 26th Jan, 2016. Chapter 1 – Introduction to Legal Principles and Authorities ADMINISTRATIVE LAW 1. Explain how the development of administrative law is different from the development of statutes and ordinances. Administrative Law is the law concerning the powers and procedures of administrative agencies under the supervision of the executive branch of the government. Rules and regulations are created by the Legislative bodies who determine what the law should be and enact the appropriate legislation. Statutes and Ordinances declare rights and duties; these include laws passed by any legislative body- federal, state or local and are referred to as codes, ordinances, acts or statutes. The development of Administrative Law differs from Statutes and Ordinances because Administrative Law is more specific and deals with the implementation of the law. Statutes and Ordinances are designed to cover a broad range of present and future situations and is written in general terms. PERSUASIVE AUTHORITY 2. When might primary authority be used as persuasive authority? When might secondary authority be used as persuasive authority? Explain. Primary Authority may be used as persuasive authority when the courts refer or rely on resolving legal problems. It entails the law as it is or any non law source to reach a decision, when there is no mandatory authority for the court to follow. It may rely on primary authority as persuasive authority. Secondary...
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...CONSTITUTIONAL AND ADMINISTRATIVE LAW LAWS 1112 Y (1) UNIVERSITY OF MAURITIUS ACADEMIC YEAR 2011/2012 Lecture 1 DEFINITION AND SCOPE OF CONSTITUTIONAL LAW * The role of law * “Law is not merely a matter of the rules which govern relations between private individuals (for example between the employer and employee or between landlord and tenant). Law also concerns the structure and powers of the state.” A W Bradley and K D Ewing: Constitutional and Administrative Law * Constitutional Law has the basic role of governing the structure and the powers of the state. It therefore organises the powers of the state in an attempt to prevent abuses of power by those in power. * Emergence of Constitutional Law - Enlightenment * The term “constitution” was coined recently with the emergence of the new nation state. During the 18th of century, political revolutions in France and the US led to the emergence of the new nation state and the need was felt for a document reflecting the beliefs and the political aspirations of the heralders of the new political and legal order. * Major ideologies (constitutionalism, Thomas Hobbes, Jean-Jacques Rousseau, John Locke) started perceiving power of the state and freedoms of individuals as being conflicting such that only a proper balance between the two would lead to political and social stability. According to those ideologies, to maximise individual freedoms and liberties, the power of the state had...
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...countries or of the beneficiary countries participating in the Sigma Programme. ALBANIA GENERAL ADMINISTRATIVE LAW FRAMEWORK ASSESSMENT MAY 2008 Preface This report updates the assessment report prepared by SIGMA on the same topic in June 2006. We use the notion of general administrative law to denote those parts of administrative law that are applicable – fully or partially, primarily or supplementarily – to all administrative settings, public bodies, administrative activities and administrative relationships. In other words, general administrative law would be the part of administrative law that is not only applicable across the whole administration, but also contains principles and norms that give rise to special regulations or specific organisational functioning. Administrative law is the refined product of the pursuit in the course of history of the liberal goal to submit public powers to the law by ensuring that any action of the state is subject to the law or ruled by law. Modern democratic states derive their administrative law from their constitutions. The study of administrative law in a country cannot be dissociated from that of constitutional law. The general legal framework for the administration is nevertheless comprised, first and foremost, of administrative law. A first approximation of the definition of administrative law is that it is a part of national public law (in EU Member States it is also now a part of the supranational...
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... Question: “Administrative law doctrine is an accumulation - a wilderness almost - of single instances, most cases turning ultimately on fine and often unique points of statutory interpretation or factual analysis.” McMillan – ‘The Role of Judicial Review in Australian Administrative Law’ AIAL Forum No.30, 47. The above quote suggests that judicial review in Australia is not based on any general principles which are capable of guiding judicial decision making or of being used to impose a coherent vision of the role of judicial review on the cases. Do you agree? Analyse the law relating to standing and access to the courts plus one of the following areas of law in order to demonstrate the extent to which the above quote...
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...The rule of law and the separation of powers thesis are the twin pillars upon which any fair and democratic society must be constructed”. This ideology encapsulates four main principles which are assumed fundamental to the course of administrative proceedings. First, it should be noted that any administrative act that will result in affecting the legal rights, interests or legitimate expectations of an individual must have legal validation, second, everyone and anyone is subject to the law, including those who hold government titles, third, it can be said that the legality of an administrative act must be determined by judges who are independent of the government and lastly, the law should always be both easily anticipated and straightforwardly...
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...Nick Montesano Buss 200 Administrative Law Essay The College Of New Jersey Dr. Laura Sanders 9/29/30 A National Dispute In the past decade there has been an increased controversial view of tobacco, alcohol, and marijuana. People have been divided on how to regulate these products in the market, causing much governmental controversy. There have been many groundbreaking and unprecedented court cases that have been shaping the public policy on which these substances stand on. These substances have an immediate and perilous effect on the health of all human beings. Tobacco is the leading cause of preventable death in the United States, alcohol causes impaired judgment and in turn causes people to do things that affect their health physically and emotionally, and marijuana has almost the same effect as alcohol. (New England Law) Health is the ultimate concern when studying these three substances, which would lead to the Family Smoking Prevention Act to survive the Hudson Test. The Granholm case would lead one to believe that states cannot discriminate against outsiders from sales, and the medical exceptions for marijuana are valid on the fact that it has a medical advantage to some citizens. I strongly believe that the federal government has a right to regulate certain aspects of these substances based upon the danger posed to the health of citizens. This paper will discuss certain court cases that shape my opinion for every substance...
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...identifying process that is required in determining if a license should or should not be revoked: “(1) the nature of the property interest; (2) the risk of an erroneous deprivation of that interest through the procedures used; and (3) the nature of the government’s interest.” The Court also stated that a license holder “can only be deprived of his license if he is convicted of the underlying criminal offense.” In this case the Court looked at the nature of the government’s interest and found that the appellant’s property interest was “constrained by the state’s interest in protecting and preserving its natural resources.” Woodrow v. Wildlife Comm'n, Dep't of Natural Res., 206 P.3d 835, 838 (Colo. Ct. App. 2009), determined that “in an administrative setting, procedural due process requires...
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...Lord Bridge identified that “the so -called rules of natural justice are not set in stone...”[1] This highlights the uncertainty surrounding this area of law and understandably how the principles attached to it 'are in some confusion[2] due to the substantial changes over time. The initial separation between judicial and administrative cases proved problematic as it came with the notion of not providing executive-related cases a rigorous decision-making procedure unless they were solely of a judicial nature.[3] The enablement of all case types to be granted a court-like procedure wouldn't be very efficient, bearing in mind the amount of time and money that it’ll cost. The concept of filtering judicial from executive cases may have been beneficial but it raised issues that needed addressing, such as how justice would be served for those whose cases fall under the administrative sector. Professor D J Galligan stated that, “whenever the state, through its officials, decides how people are to be treated, considerations of fair treatment arise…”[4] It’s the tension between administrative autonomy and legal certainty which has now shaped the concept of natural justice[5], by incorporating procedural fairness into governmental law as a means of balancing these competing issues. The Latin maxims 'Audi Alterem Partem' [6] and 'Nemo Iudex sua Causa’ [7] form the two distinct parts of natural justice. The main issue in Popeye's case is the revocation of his license by the Harbour Authority...
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...1. State the administrative agency that controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you, or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (a) a Word document with the questions and your answers, and (b) a copy of the proposed regulation you used for this assignment. (10 points) The administrative agency that controls the specific regulation that I select is, “Office of the Secretary, Department of Defense (DoD).” Regulation: Child Development Programs (CDPs) ACTION: Interim final rule. This agency and the proposed regulation interest me because of my time spent in the military. While serving my country for I had seen many different changes take place due to new regulations imposed to the military by the DOD. In this case, the regulation is one that would have affected me if I was still in. CDP’s are of critical importance to the men and women that serve our country. Knowing that are government is attempting to increase the current level of assistance is gives CDP’s would be a big win for the government and the children and parents that will be impacted. 2. Describe the proposal/change. (10 points) The proposed...
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...Week 2 Homework – Administrative Law Assignment State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (a) a Word document with the questions and your answers and (b) a copy of the proposed regulation you used for this assignment. (10 points) Department of Health and Human Services – Food and Drug Administration As an independent pharmaceutical representative currently contracted with a company who manufactures, markets and samples prescription drugs for colds, coughs and allergies this will have a significant impact on my prescription product line. 2. Describe the proposal/change. (10 points) The proposal will no longer allow the marketing, production, distribution and or sell of unapproved FDA prescription drugs for colds, coughs and allergies. 3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. (10 points) My comment is that although these drugs...
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