CHAPTER 1: INTRODUCTION – TYPES OF

ADMINISTRATIVE POWERS

Mohd Yunus Abu Samah

Fakulti Undang-undang , UiTM
 At the end of this lesson you should be able
to :-
 Understand the purpose of administrative law
and its significance in administrative issues
 Identify and explain the government powers
 1.1 Why learn Administrative Law (AL)?
 1.2 Who are administrators?
 1.3 Definition of AL
 1.4 Scope of AL
 1.5 Reason for the growth of AL
 1.6 Function of Modern State
 1.7 The need for AL
 1.8 Classification of Administrative Powers
 1.9 Function of Administrative Bodies
 You will be able to know and understand your
rights and responsibilities when dealing with
administrators.
 They would be public bodies or public
authorities
E.g.: Police, immigration, public universities,
public hospitals
 But not all public policies are expressly
defined as such; the meaning of a public
authority may vary according to the statutory
context
Halsbury’s Law of Malaysia

The law relating to the discharge of functions of a public nature

in government and administration. It includes:-
- functions of public authorities and officers and of tribunals,
- judicial review of the exercise of those functions,
- the civil liability and legal protection of those purporting to
exercise them
- and aspects of the means whereby extra judicial redress may
be obtainable at the instance of persons aggrieved
A.W. Bradley & K.D. Ewing

“…it is that branch of public law concerned

with the composition, procedures, powers,
duties, rights and liabilities of the various
organs of government which are engaged in
administrating public policies”
Dicey (an English Philosoper)

“…that portion of the nation’s legal system which

determines the legal status and their liabilities, of
all state officials, which defines the rights and
liabilities of private individuals in their dealings with
public officials and which specify the procedure by
which those rights and liabilities are enforced”
Davis (an American philosopher)

“..is the law concerning the powers

and procedures of administrative
agencies, including especially the law
governing judicial review of
administrative action”
 The structure , powers and function of the
organ of administration

The limits of their powers

The methods and procedures followed by them

in exercising their powers and functions
The method by which their powers are
controlled
Legal remedies available to person against them
when his rights are infringed.
1 Because of the direct result of the growth of
administrative apparatus, functions and powers

Because of the change in the philosophy of the role

and function of the state
2
•Previously : State acted like ‘police’ or a ‘law and
order’
•Present : State assumed a +ve role & become
transformed into an active instrument to promote
social justice.
 Inadequacy of judicial system to decide &
settle all types of disputes
3 • It was slow, costly, inexpert, complex andformalistic
• Therefore, industrial tribunals & labour courts were
established, which possessed the techniques
andexpertise to handle these complex problems

Inadequacy of legislative process

• No time & technique to deal with all the details.

4 • Impossible to laydown detail rules and procedures

• When detailed provisions were made by legislature they
were found to be defective & inadequate.
 Administrative law represents functional rather
than a theoretical and legalistic approach.
5 • Court must decide cases base on formality & technicality.
• Administrative tribunals are not bound by rules of
evidence & procedure & they can take a practical view of
the matter to decide complex problems

6 Administrative authorities can take effective

steps for enforcement of the preventive
measures like suspension, revocation and
cancellation of license
 Primary object of AL to control
governmental power.
 Assumption that every power tends to corrupt &
absolute power tends to corrupt absolutely.
 Since state regulates & controls various
activities of its subjects, there is every
possibilityof misuseof abuse of power.
 The following are various function of a
modern state:-
 Protector

Entrepreneurs Provider

Functions

Umpire Regulator
 State activism lead to creation of the whole new
empires of bureaucratic power
 Between government liberty of an individual there
has been an age old conflict
 Locke – “whenever law ends, tyranny begins”
 Wade – “the primary purpose of AL, therefore, is to
keep the powers of government within their legal
bounds, so as to protect the citizen against their
abuse…”
 Griffith and Street – “ AL poses that most important
problem of our time: the r/ship between public
power & personal rights. We are concerned, then
not merely with the powers and processes of the
administration but with the controls of the
administration, legal and political without which
that essential balance between individual liberty and
public good is impossible…”
 Powers given to
minister to make SL

Legislative

Lay down a gen rule of

conduct/policy to be
followed in gen case

Administrative Powers
Decision making
Adjudicatory
process

Function wh have no
Administrative requirement to follow
natural justice
 Powers given to
Legal
minister to make SL

Decision making
Quasi Judicial
process
Function
Administrative
To enforce law &
Administrative
regulation

Does not involve any

Pure
discretion to perform
Administrative
this function