Administrative law and international administrative law
Administrative Law
Administrative Law is the branch of public law that governs the activities of administrative agencies of government. It involves the regulation of government actions and the legal principles governing the administration and regulation of government agencies.
Key Principles:
Rule of Law: Administrative actions must be lawful.
Natural Justice / Procedural Fairness: Fair procedures must be followed before depriving anyone of rights.
Judicial Review: Courts can review administrative actions for legality, reasonableness, and fairness.
Delegated Legislation: Authorities delegated by the legislature can make rules or regulations.
Important Cases in Administrative Law:
1. Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation (1948)
Facts: The local authority imposed a condition restricting cinema opening hours on Sundays.
Issue: Was the decision unreasonable or ultra vires (beyond power)?
Principle: Introduced the Wednesbury Unreasonableness test. A decision is unreasonable if it is so irrational that no reasonable authority could have made it.
Significance: Established the standard for reviewing administrative decisions on grounds of reasonableness.
2. Ridge v. Baldwin (1964)
Facts: Ridge, a police officer, was dismissed without being given a chance to defend himself.
Issue: Was the dismissal lawful?
Principle: Reinforced the doctrine of natural justice or procedural fairness, stating that administrative decisions affecting rights must provide a fair hearing.
Significance: Landmark case reinstating the requirement of fair procedures in administrative decisions.
3. Council of Civil Service Unions v. Minister for the Civil Service (1985) (GCHQ Case)
Facts: The government banned GCHQ employees from joining trade unions for security reasons without prior consultation.
Issue: Could the courts review this decision?
Principle: Defined grounds for judicial review as illegality, irrationality, and procedural impropriety.
Significance: Established the limits and scope of judicial review, including national security exceptions.
4. Padfield v. Minister of Agriculture (1968)
Facts: Minister refused to refer a complaint about a milk marketing scheme despite a statutory provision requiring consideration.
Issue: Was the minister’s refusal lawful?
Principle: Administrative discretion must be exercised to promote the policy and objectives of the statute.
Significance: Administrative discretion cannot be exercised arbitrarily or to frustrate statutory purposes.
5. Anisminic Ltd v. Foreign Compensation Commission (1969)
Facts: Anisminic’s claim was rejected by the Commission; they argued that a clause barred judicial review.
Issue: Could the courts review the Commission’s decision despite an ouster clause?
Principle: Courts held that errors of law made by public bodies render decisions invalid and subject to review, even with ouster clauses.
Significance: Dramatically expanded judicial review by limiting the effectiveness of ouster clauses.
International Administrative Law: Detailed Explanation
International Administrative Law (IAL) governs international organizations' functioning and decision-making processes, including their administrative actions and regulations.
IAL deals with:
The powers and responsibilities of international organizations.
Procedural fairness and accountability of these organizations.
The relationship between international organizations and member states or individuals.
Key Concepts:
Legal personality of international organizations: Such as the UN, WTO, etc.
Immunity vs. Accountability: Balancing sovereign immunity with need for transparency.
Due process within international institutions: Rights of affected parties.
Important Cases in International Administrative Law:
1. Reparation for Injuries Suffered in the Service of the United Nations (ICJ Advisory Opinion, 1949)
Facts: The UN sought advice on whether it had legal personality to bring a claim for damages.
Principle: The UN has international legal personality and can bring claims in international courts.
Significance: Foundation for recognizing the legal personality of international organizations and their administrative actions.
2. International Labour Organization (ILO) Staff Union v. International Labour Office (Administrative Tribunal Case No. 117, 1981)
Facts: Staff contested termination without proper hearing.
Issue: Did the international organization breach procedural fairness?
Principle: ILO Administrative Tribunal emphasized the right of staff to fair procedures within international organizations.
Significance: Reinforced procedural protections in international administrative decisions.
3. International Centre for Settlement of Investment Disputes (ICSID) Case No. ARB/84/3 - Amco Asia Corporation v. Republic of Indonesia
Facts: Dispute over investment arbitration and administrative procedures.
Issue: Role of ICSID tribunal in reviewing administrative decisions.
Principle: International arbitration bodies have autonomy but must respect procedural fairness.
Significance: Clarified procedural standards in international administrative dispute resolution.
4. United Nations Administrative Tribunal Judgement No. 1096 (1994)
Facts: An UN staff member challenged a contract termination.
Issue: Was the termination lawful under UN administrative rules?
Principle: Emphasized the application of internal administrative law and fairness within the UN system.
Significance: Demonstrated how international administrative law ensures accountability in global organizations.
5. European Court of Justice (ECJ) - Case C-270/83 - Commission v. Council (ERTA Case)
Facts: Dispute over delegation of powers to the European Community.
Issue: Limits of administrative and executive powers in international organizations.
Principle: Established boundaries for administrative actions in supranational entities.
Significance: Landmark in defining administrative powers at the international level.
Summary
Administrative law ensures government agencies act fairly, reasonably, and within legal boundaries, backed by principles like natural justice and judicial review.
International administrative law governs international organizations, balancing their functional autonomy with accountability and fairness.
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