The Administrative Law  

is the law relating to

administration. It determines the powers and
duties of administrative authorities for dealing
rights and liabilities of public agencies by providing
procedure to enforce them.
However, administrative law is not a codified law. It is a
judge-made law which evolved over time.

The concept of Administrative Law is founded on the

principles:

a) Power is conferred on the administration by law

b) No power is absolute or uncontrolled howsoever broad the

nature of the same might be.

c) There should be reasonable restrictions on exercise of such

powers depending on

The nature of administrative law is concerned with

safeguarding that public decision-makers act within the
law and are, on this basis, accountable before the law, its
development is due largely to a desire on the part of the
courts to restore the balance of power and to safeguard
the rights and interests of citizens. Administrative law is
also concerned about ensuring there will be an element
of fairness operating in public decision making and
generally ensuring proper administration.

It is based on the concept of rule of law that supports Natural

Justice (to adjudicate based on impartiality, unjustness and
the prescribed laws and legal methods instead of arbitrariness
and abuse of official power on the part of govt. while serving
the people and deciding cases brought before its Tribunals,
etc. Natural justice is basically applied in cases where there
are no laws prescribed, here the individual has to be given an
opportunity to be heard and the judgement is to be taken into
consideration the particular facts and cases of the case and
the judgement should be free from bias). It is to prevent
violation of people’s rights by officials in power
 The bond of any law revolves around the ideology
of Justice and dispute resolution.

CONCEPT OF JUSTICE

DISPUTE Human Society is endemic with disputes since the

arrival of human on earth.

Disputes have existed in all

1 cultures, 2 religions, and 3 societies

even they also existed in the animal kingdom.……………

Dispute arises where the people interact, a situation where

two or more person or groups identify that their interests are at
stake and these interests cannot satisfy to all the parties intricate

Being divine obligation, Justice and dispute resolution has

always been a topic to study since the creation of human.

The concept of resolution revolves around the ideology of Justice

and settlement of disputes in this way or the other.

Justice is divine obligation and a central theme which everyone

has the right to be enjoyed. Justice is a sense of fairness, peace
and security in order to prevent wrong doer.

BIBLE There are seven things that the Lord hates and cannot tolerate:
(MR Nicholas C Charles, 2012)
 A proud look,
 a dishonest tongue,
 hands that assassinate innocent,
 a mind that meditates wicked tactics,
 feet that rush to commit evil,
 an eye witness who voices one lie next another,
 and someone who stirs up distress between friends”.
HINDUISM prescribes the eternal duties, such as honesty, refraining from
injuring living beings (ahimsa), patience, forbearance, self-restraint, and compassion,
among others

Justice in the eye of Holy Book

“QURAN”

Prophets were sent for the guidance of the people with

clear signs only a reason for establish Justice in the world
and to end injustice. To guide the people, religion
through its Holy books revealed from time to time and
according to the necessity taught to observe peace and
security and all the Holy books ended on Holy Quran,

Holy Quran is a book which was revealed by God

Almighty (divine) on Holy Prophet Muhammad (PBUH)
and delivered ahead without any shadow of doubt. It
consists of 114 chapters (Surah) and 6500 verses. Holy
Quran contains the provision of disputes, welfare state,
peace and security, rights and liabilities and also about
judiciary. The entire teaching of the sort of topic revolves
around the ideology of Justice

Meaning and Concept of Justice

In the most common terms, justice is an ideal representing
something that is just and right.

It basically means being just, impartial, fair and right.

What is just may depend on the context, but its requirement

is essential to the idea of justice.

1- Justice means the implementation of religious laws.

2- On the other hand, modern jurisprudence says justice

means the implementation of concepts like equality and
liberty.
However, in both these examples, justice just means
enforcement of what the law perceives to be right.

In the modern context, justice basically means the

recognition and implementation of laws made by
legislatures.

According to Salmond, laws are the bodies of principles

that tribunals recognize and apply while administering
justice.

Therefore, justice generally means the recognition,

application and enforcement of laws by courts. This is
different from the understanding of justice in the ancient
period when it was given a religious and moralistic meaning.

Kinds of Justice

1) Public justice and Private justice

Public justice is basically that kind of justice which the

state administers through its tribunals and courts. It
explains the relationship between courts and citizens of a
state. Courts usually enforce laws that the states make
under public justice.

On the other hand, private justice regulates the legal

relationship between individuals. It is limited to people
enforcing concepts of justice amongst each other without
approaching courts.

For example, let’s imagine that A and B entered into a

business transaction in which A paid money to B as
promised. B, instead of selling goods to A for the money,
refused to fulfill his obligation. If A and B decide to settle
their dispute through means of arbitration or negotiation,
it is private justice. However, if A approaches a court and
sues B, we refer to that as public justice.

2) Civil justice and Criminal justice

In terms of the subject matters of justice, we can

categorize it as civil and criminal. Civil justice generally
refers to private wrongs that affect specific people or
entities.
For example, breach of a contract between two parties will
affect only one of them. Trespassing of property is another
example. The remedy of such civil wrongs is generally to
approach civil courts.

Criminal justice, on the other hand, affects society in

general even if specific people are victims. For example,
the murder affects specific victims only but the law treats
it as a crime against society.

Another feature of criminal justice is that it relates to laws

made by a legislature. Only acts that are defined as
crimes can be the subject matter of criminal justice

CONCEPT OF LAW

What is Law ?

i Code of Conduct ii Set of Rules iii Rules & Regulations

iv Body of Commandments

 Law is the activity of subjecting human behavior to the governance of rules.

(concept of law abider)

 Law is the sum of the compulsory rules in force in a state

The rule of law is concerned with regulating the use of power. . Under the rule of
law, everyone is bound by rules, including the government. 

Rule of law requires that people should be governed by accepted rules, rather than by
the arbitrary decisions of rulers. These rules should be general and abstract, known and
certain, and apply equally to all individuals.

Functions & Purpose of Law

 1. Regulates conduct- acts as a deterrent i.e. if you do “x” you face

punishment “y”.
 2. Avoids or Settles disputes – Contract law sets out rules for making
& enforcing agreements.
 3.  Set out rights and obligations- for example the Charter of Rights
limits the government’s authority over citizens.
 4.  Provides remedies- if your rights have been violated under the law,
the law provides a system of recourse.
 5. Maintains Order & provides protection- prohibits certain acts &
provides for an authority-(police) to protect us.
 6. Sets up the structure of government- The Constitution Act assigns
power & duties to the various levels of government.
 7. Directs how to make laws- The Parliament.
To form Society ii Maintain peace and security , iii Wellbeing
of Society iv Welfare

How this all happened ? Practical enforcement through

Fundamental Rights i.e Natural Rights

 The neat categorization gives right under different

classification and subject of law under the rule of “Locas
Standi ( a person whose right is infringed ii Aggrieved person

LAW IS SUBJECT TO
CONSTITUTION

CONCEPT OF STATE

Institutions of State The institutions of state are as

follows:- ˆ

Legislature: Parliament (National and Provincial

Assemblies) makes laws for the organization

Judiciary: (Supreme Court & Provincial Courts) - and

Session Courts) interpret laws
Executive ( National, Provincial) implements laws

The Ministries, Division, Departments /Directorates are

the organizations that function under the executive to
implement law. For example the police department has
the responsibility to maintain peace & order Government

Government is process of governing.

It is the use of power derived from the law that is

made/approve by the legislature. It is means, methods,
manner, or system of governing society and organization.
The government of Islamic Republic of Pakistan derives
its systems and methods from the Constitution (1973).
Article 90-99 of the Constitution gives provision for Rules
of Business. The Rules of Business 1973 provide. The
roles, responsibilities and function of government
organizations (ministries, departments etc)

The place of administrative law in

the legal system
Broadly speaking, law in a modern state is divisible into
public law and private law.

The Private law concerns the legal relations of individuals

or groups of individuals or associations while the Public
law deals with the relations between the states.
Whenever a question arises as to the relationship in
various circumstances between the state and the
individual, it falls in the domain of public law; for
instance, constitutional law, administrative law, criminal
law, law of taxation etc., are all branches of public law.

The law of contracts, transfer of property, association

etc., would be private law particularly when the state is
not a party to such private law relationships.

While private law is found to prevail in any organized

society, public law presupposes a government under the
law. It is only when the structure of the state is formed
by law and when the government functions according to
law that the relations between the state and the
individual can be governed by law which may be called
public law.

The basic structure of the state may be called its

constitution. Constitutional law, therefore, deals with the
distribution of the power of the state among its three
branches and the rights and duties of the citizens of the
state, vis-a-vis the state. In a wide sense it would include
administrative law

Administrative law is the body of law that governs the

activities of administrative agencies of government.
Government agency action can include rule making,
adjudication, or the enforcement of a specific regulatory
agenda.

Concept of Administrative Law:

Administrative law is a branch of public law that is
concerned with the procedures, rules, and regulations of
a number of governmental agencies.

Administrative law specifically deals with such

administrative agencies’ decision-making capabilities, as
they carry out laws passed by state and federal
legislatures.

An example of administrative law is the regulation and

operation of the Social Security Administration, and the
administration of benefits to the people.

Administrative law is that body of law which applies for

hearings before quasi-judicial bodies, boards,
commissions or administrative tribunals supplement the
rules of natural justice with their own detailed rules of
procedure

Definition of Administrative Law:

Administrative law deals with the legal control of
government and related administrative powers. In
other words, we can define administrative law as the
body of rules and regulations and orders and decisions
created by administrative agencies of government.

Administrative law consists of complaints respecting

government action that adversely affects an individual.
Thus, administrative law involves determining the
legality of government actions.

There is a two-fold analysis: the legality of the specific

law itself and the legality of particular acts purportedly
authorized by the specific law.

Governments cannot perform any act by itself.

Governments act through government officials who
must act within certain limitations. A government’s
power to act comes from legislation. Thus,
must act within the parameters (or scope) of such
legislation which give their actions lawful authority. These
are lawful actions.

If government officials act outside the scope of their

lawful authority and individuals are affected by these
acts, then the principles of administrative law provide
individuals with the ability to seek judicial review of the
administrative action and possible remedies for the
wrongful acts.

Administrative Law is made up off all the legal rules-

either formally expressed by statutes or implied in the
prerogative – which have as their ultimate object the
fulfillment of public law. It touches , first the legislature,
in that the formally expressed rules are usually laid down
by that body ; it touches judiciary in that (a) there are
rules which govern the judicial powers ; (b)
administrative bodies are something permitted to
exercise judicial powers ; thirdly it is of course
essentially concerned with the practical application of
the law .”

Administrative law besides touching all branches of

government, touches administrative and quasi-
administrative agencies , i.e. Corporations
,Commissions , Universities and sometimes even private
organisations . Furthermore ,administrative law is made
up not only for legislative and executive rules and a large
body of precedents but also functional formulations, for
every exercise of discretion forms a rule for future action.

Resolution/Remedy of disputes can be acquired through formal or informal

justice systems, also raised to in particular cases as ‘state’ and ‘non-state’
systems (some countries recognize these system through constitution or
other enacted laws).Formal system includes judicial system which has
following hierarchy in Pakistan and also in other developed countries.

1. Supreme Court
2. Federal Shriat Court
3. High court
4. Session Courts
5. Civil Courts