Administration can be defined as the activities of a group co-operating to accomplish common goals. Administration is of two types, viz: the public and private administration. Public administration is an administration organization in government institutions such as Federal, State, Local government and other governmental organisations or agencies, while private administration are the activities carried out by non-governmental institutions.
Therefore, Administrative law can now be defined as the body of law that governs the activities of administrative agencies of government. Administrative law involves the study of how those parts of our system of government that are neither the legislatures nor the courts make decisions. Government agency activities can include rule making, adjudication, implementation or execution of government policies or enforcement of a specific regulatory agenda. Administrative law is the law concerning the powers, procedures of administrative agencies. It is a branch of law which is concerned with the composition, powers, duties, rights and liabilities of the various organs/agencies of government which are engaged in administration. In other words, administrative law is the law that regulates administration. It regulates the powers and duties of government and administrative authorities, and provides remedies for mal-administration and other administrative wrongs.
Administrative law is a critical area in the study of law. Administrative law courses are designed to enable la students to understand the laws relating to day-to-day administration of government agencies and bodies. The course exposes students to the internal workings of the government and the relationship between the 3 arms of government (i.e. the executive, legislature and the judiciary). Students will also be exposed to the workings of the machinery of government on issues such as the implementation of laws, rules, regulations, bye-laws and regulations.
Objective of the Course:
This course aims at equipping students with the basic knowledge of administrative law. In other words, it will expose the student to the workings of governmental machinery in the implementation of laws, rules, regulations, bye-laws and even regulations. More specifically, the objectives of the Course include:
1. to state the scope and nature of administrative law.
2. to explain the duties and functions of government agencies
3. to explain the powers and procedures of administrative agencies
4. to explain the concepts of rule of law and separation of powers
5. to describe legal concepts such as ultra vires, intra vires, excess of authority, e.t.c.
6. to explain judicial interpretation of administrative acts
7. to discuss rule-making procedure
Learning Outcomes:
On completion of this course, every student is expected to learn and be able to:
1. explain the scope and nature of administrative law
2. discuss the relationship between administrative law and constitutional law
3. state 3 implications of classifying administrative acts into legislative, executive, judicial and quasi-judicial
4. explain concepts such as rule of law, delegation and separation of powers
5. describe the effectiveness of extant administrative apparatus in Nigeria
6. explain the procedures for judicial interpretation of administrative acts in Nigeria
7. discuss rule-making procedures in Nigeria.
Course Contents:
To be able to achieve the objectives of this course, students should study the following course contents:
· Nature and scope of administrative law
· Features of administrative law
· Source of administrative law
· Administrative law and constitutional law
· Relationship between administrative law and the rule of law
· Classification of administrative power/separation of powers
· Delegation of powers: methods of delegation; delegated legislation and its nature, forms, making and control thereof
· Administrative adjudication
· Administrative invasion by tribunal of the people’s legal right and delegation; tribunal and inquiries
· Judicial control of administration and judicial power of administration
· Ground of judicial review. Example; ultra vires, natural justice and error of law
· Remedies such as certiorari, prohibition, mandamus, declaration, injunction, habeas corpus, damages, appeal, ombudsman, action by and against the state
· Rule-making procedures
· The civil service, public service and public administration
· Corporations including local government councils
- Teacher: Haruna Hassan