Administrative Law

Administrative law governs the activities of administrative agencies of government — their powers, procedures, and the judicial control of official action.

Scope

It covers delegated powers and rule-making, administrative procedure and due process, judicial review of agency action, and the control of discretion.

Core questions

• How is administrative power conferred and limited?
• How should agencies make decisions fairly?
• How do courts review official action?
• How is administrative discretion controlled?

Key concepts

• Delegated legislation
• Administrative procedure
• Judicial review
• Natural justice / due process
• Discretion
• Agencies

Key theories

Rule of law and administration

Dicey's account of the rule of law shaped the common-law approach to controlling official power.

Discretionary justice

Davis systematized administrative law and the control of administrative discretion.

History

Administrative law grew with the regulatory and welfare state, developing doctrines of procedural fairness and judicial review (Dicey, Davis) to control the expanding administrative apparatus.

Debates

Deference versus review

How far courts should defer to agency expertise versus scrutinize agency action.

Key figures

• A. V. Dicey
• Kenneth Culp Davis

Seminal works

• dicey-1885
• davis-1958

Frequently asked questions

What is administrative law?

The law governing the powers and procedures of government agencies and the judicial review of their actions.