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Principles of Administrative Law
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Flashcards
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Rule of Law
The principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced.
Legality
This principle ensures that administrative actions are authorized by law and that officials do not act beyond their given powers.
Reasoned Decision-Making
Administrative decisions must be based on logical reasoning and evidence, not on arbitrary or capricious grounds.
Natural Justice or Procedural Fairness
The principle that ensures fair procedures are used when making administrative decisions, especially the right to a fair hearing and the rule against bias.
Transparency
Administrative agencies should operate openly, with procedures and decisions made accessible to the public.
Accountability
Administrators must be accountable for their actions and decisions to the public and legislative bodies.
Judicial Review
The principle that allows courts to review administrative actions to ensure they comply with the law.
Promoting Efficiency
Administrative law seeks to ensure that administrative agencies work efficiently in the public interest.
Proportionality
Decisions and actions by administrative agencies must be proportionate to the goals they seek to achieve.
Equity
Ensuring administrative decisions are just and impartial, with an emphasis on fairness.
Participation
The principle that those affected by administrative decisions should have the opportunity to participate in the decision-making process.
Legitimate Expectation
Individuals may have a right to expect a certain course of action from administrative bodies, based on past actions or explicit promises.
Finality
The idea that administrative decisions should bring an issue to a close, not leaving it open-ended or subject to constant revision.
Specialization
Agencies and tribunals with specialized expertise are better equipped to handle specific types of administrative issues.
Non-retroactivity
Administrative actions should not have retroactive effect; new rules generally apply to future situations only.
Hierarchy
An organized structure within administrative agencies allows for orderly decision-making and appeals.
Responsiveness
Administrative agencies should be responsive to the changing needs and concerns of the public they serve.
Remedies
Legal tools that allow individuals to seek correction for wrongs caused by administrative actions.
Exhaustion of Remedies
The requirement that all administrative remedies be pursued before resorting to judiciary action.
Delegation of Powers
The ability of high-level administrators to transfer certain tasks and decision-making powers to lower-level officials or agencies.
Discretion
Administrative officials have the power to make decisions within the bounds of their authority, using their judgment to choose from among acceptable options.
Policy-Making
Administrative agencies often have the power to create policies that guide the implementation of laws.
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