Administrative Law Review Example

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 decision making power and it favours the elite.

Example: The Chinese child labour policies and criminalisation of treason. 3. Person ‘A’ determines his wants thus suppressing B’s interests by controlling how ‘B’ thinks by thought control. It is mainly done through mass media. What does law have to do with power? 1. Law regulates power by insisting that the exercise of power is democratic i. e. Participatory and democratic(accountable) 2. The purpose of the law is to protect individuals from abuse of power 3. Law promotes the value of things we care about as human beings.

Dawn Oliver argues that there are a number of values that are moral tenets of how life ought to be for an individual in a democratic society. These values include: 1. Autonomy – Freedom to make ones decisions 2. Dignity – The quality of being worthy 3. Equal respect – Being treated as a citizen 4. Status – A sense of belonging to a society 5. Security – Ability to trust and rely upon others with whom you deal with Democratic Governance; as a right but Insufficient Thomas Frank argues that the right to democratic governance involves the right of citizens to be involved in governance.

E. g. The right to vote. We must trust that if the government says it will do something that it will deliver. It enhances legitimacy and enhances our trust in government, and our willingness to cope with the government. We must be able to rely on it. That is why it becomes important for the law in the context of the principle of legitimate application to say that if as a public authority you have made a promise, then you must see to it, because that promise enhances order, good administration and good life.

The expectation from Oliver is that when those who hold power wield and exercise it, they will take these views into point honour, implement and adhere to these views when they exercise power. We can therefore argue from this premise, that it is likely that these values will be protected where the exercise of power is democratic- where there is participation and accountability, than in situations where the exercise of power is authoritarian. i. e. these values are more likely to be realised in a democratic politics than in an authoritarian politics.

In this sense we can quote Robert Daho, “While democracy will not be a sufficient condition for achieving these values, it is nevertheless an essential means to its realization”. i. e. Democracy is not everything but it is important to achieve these values. These are the values that reflect our fundamental interests as human beings. So it follows in a democratic society that law ought to uphold dignity, the autonomy, the respect, the status and the security of individuals and group of individuals against the abuse of power.

In the perspective of international human rights, these values form the intricate of UDHR, ICESCR, ICCPR. We should therefore consider the value as part and parcel of emerging rights of citizens of democratic governance. In the perspective of Administrative Law, The right of democratic governance entails the right of each citizen to take part in government i. e. the right to vote, right to participate in the context of government affairs. These values are expressed in the administrative law scholarship, as public law values.

These public law values are certain legal standards which the exercise of power forces to be performed. They include: Legality, Fairness, reasonableness, rationality, participation, accountability and fulfillment of legitimate expectations. From the administrative law perspective, the concern is with realising these values on a day to day basis and in this respect we are challenging the practice of democracy. In recent History, (History of Administrative Law in Kenya) Democracy has had its powers in its national development, but it has been a narrow one. Narrow in the sense that it has been attached to the ballot box.

In the 70’s and 80’s when countries were suffering because of the oil crisis, there was a boom because countries had borrowed a lot and were unable to repay their loans. When they went to the Brighton Woods Institutions, the IMF and the World Bank, they were told that they would get aid on condition that they: 1. Rolled back their state’s involvement in the States economy through privatisation and liberalisation of economic policies 2. Democratic governments are likely to be better at managing the economy, so the institutions wanted the countries to liberalise their policies In virtually

realised in a democratic politics than in an authoritarian politics. In this sense we can quote Robert Daho, “While democracy will not be a sufficient condition for achieving these values, it is nevertheless an essential means to its realization”. i. e. Democracy is not everything but it is important to achieve these values. These are the values that reflect our fundamental interests as human beings. So it follows in a democratic society that law ought to uphold dignity, the autonomy, the respect, the status and the security of individuals and group of individuals against the abuse of power.

In the perspective of international human rights, these values form the intricate of UDHR, ICESCR, ICCPR. We should therefore consider the value as part and parcel of emerging rights of citizens of democratic governance. In the perspective of Administrative Law, The right of democratic governance entails the right of each citizen to take part in government i. e. the right to vote, right to participate in the context of government affairs. These values are expressed in the administrative law scholarship, as public law values.

These public law values are certain legal standards which the exercise of power forces to be performed. They include: Legality, Fairness, reasonableness, rationality, participation, accountability and fulfillment of legitimate expectations. From the administrative law perspective, the concern is with realising these values on a day to day basis and in this respect we are challenging the practice of democracy. In recent History, (History of Administrative Law in Kenya) Democracy has had its powers in its national development, but it has been a narrow one. Narrow in the sense that it has been attached to the ballot box.

In the 70’s and 80’s when countries were suffering because of the oil crisis, there was a boom because countries had borrowed a lot and were unable to repay their loans. When they went to the Brighton Woods Institutions, the IMF and the World Bank, they were told that they would get aid on condition that they: 1. Rolled back their state’s involvement in the States economy through privatisation and liberalisation of economic policies 2. Democratic governments are likely to be better at managing the economy, so the institutions wanted the countries to liberalise their policies In virtually

realised in a democratic politics than in an authoritarian politics. In this sense we can quote Robert Daho, “While democracy will not be a sufficient condition for achieving these values, it is nevertheless an essential means to its realization”. i. e. Democracy is not everything but it is important to achieve these values. These are the values that reflect our fundamental interests as human beings. So it follows in a democratic society that law ought to uphold dignity, the autonomy, the respect, the status and the security of individuals and group of individuals against the abuse of power.

In the perspective of international human rights, these values form the intricate of UDHR, ICESCR, ICCPR. We should therefore consider the value as part and parcel of emerging rights of citizens of democratic governance. In the perspective of Administrative Law, The right of democratic governance entails the right of each citizen to take part in government i. e. the right to vote, right to participate in the context of government affairs. These values are expressed in the administrative law scholarship, as public law values.

These public law values are certain legal standards which the exercise of power forces to be performed. They include: Legality, Fairness, reasonableness, rationality, participation, accountability and fulfillment of legitimate expectations. From the administrative law perspective, the concern is with realising these values on a day to day basis and in this respect we are challenging the practice of democracy. In recent History, (History of Administrative Law in Kenya) Democracy has had its powers in its national development, but it has been a narrow one. Narrow in the sense that it has been attached to the ballot box.

In the 70’s and 80’s when countries were suffering because of the oil crisis, there was a boom because countries had borrowed a lot and were unable to repay their loans. When they went to the Brighton Woods Institutions, the IMF and the World Bank, they were told that they would get aid on condition that they: 1. Rolled back their state’s involvement in the States economy through privatisation and liberalisation of economic policies 2.

Democratic governments are likely to be better at managing the economy, so the institutions wanted the countries to liberalise their policies In virtually realised in a democratic politics than in an authoritarian politics. In this sense we can quote Robert Daho, “While democracy will not be a sufficient condition for achieving these values, it is nevertheless an essential means to its realization”. i. e. Democracy is not everything but it is important to achieve these values. These are the values that reflect our fundamental interests as human beings. So it follows in a democratic society that law ought to uphold dignity, the autonomy, the respect, the status and the security of individuals and group of individuals against the abuse of power.

In the perspective of international human rights, these values form the intricate of UDHR, ICESCR, ICCPR. We should therefore consider the value as part and parcel of emerging rights of citizens of democratic governance. In the perspective of Administrative Law, The right of democratic governance entails the right of each citizen to take part in government i. e. the right to vote, right to participate in the context of government affairs. These values are expressed in the administrative law scholarship, as public law values.

These public law values are certain legal standards which the exercise of power forces to be performed. They include: Legality, Fairness, reasonableness, rationality, participation, accountability and fulfillment of legitimate expectations. From the administrative law perspective, the concern is with realising these values on a day to day basis and in this respect we are challenging the practice of democracy. In recent History, (History of Administrative Law in Kenya) Democracy has had its powers in its national development, but it has been a narrow one. Narrow in the sense that it has been attached to the ballot box.

In the 70’s and 80’s when countries were suffering because of the oil crisis, there was a boom because countries had borrowed a lot and were unable to repay their loans. When they went to the Brighton Woods Institutions, the IMF and the World Bank, they were told that they would get aid on condition that they: 1. Rolled back their state’s involvement in the States economy through privatisation and liberalisation of economic policies 2. Democratic governments are likely to be better at managing the economy, so the institutions wanted the countries to liberalise their policies In virtually realised in a democratic politics than in an authoritarian politics.

In this sense we can quote Robert Daho, “While democracy will not be a sufficient condition for achieving these values, it is nevertheless an essential means to its realization”. i. e. Democracy is not everything but it is important to achieve these values. These are the values that reflect our fundamental interests as human beings. So it follows in a democratic society that law ought to uphold dignity, the autonomy, the respect, the status and the security of individuals and group of individuals against the abuse of power.

In the perspective of international human rights, these values form the intricate of UDHR, ICESCR, ICCPR. We should therefore consider the value as part and parcel of emerging rights of citizens of democratic governance. In the perspective of Administrative Law, The right of democratic governance entails the right of each citizen to take part in government i. e. the right to vote, right to participate in the context of government affairs. These values are expressed in the administrative law scholarship, as public law values.

These public law values are certain legal standards which the exercise of power forces to be performed. They include: Legality, Fairness, reasonableness, rationality, participation, accountability and fulfillment of legitimate expectations. From the administrative law perspective, the concern is with realising these values on a day to day basis and in this respect we are challenging the practice of democracy. In recent History, (History of Administrative Law in Kenya) Democracy has had its powers in its national development, but it has been a narrow one. Narrow in the sense that it has been attached to the ballot box.

In the 70’s and 80’s when countries were suffering because of the oil crisis, there was a boom because countries had borrowed a lot and were unable to repay their loans. When they went to the Brighton Woods Institutions, the IMF and the World Bank, they were told that they would get aid on condition that they: 1. Rolled back their state’s involvement in the States economy through privatisation and liberalisation of economic policies 2. Democratic governments are likely to be better at managing the economy, so the institutions wanted the countries to liberalise their policies In virtually.