Receiving assignments, comprehending their requirements, which frequently entail a thorough review of existing literature, identifying gaps, and ultimately crafting frameworks to meet those requirements, are fundamental elements of my professional life. Regardless of the client, my work within my profession often follows this pattern. I must confess that I dedicate an average of 85 hours per week to this pursuit, and to be entirely candid, it’s not merely a job; it’s a lifelong passion. This is not particularly exceptional. Active politicians and successful entrepreneurs frequently surpass these levels of dedication.
Beyond this time window, I’ve somehow recently managed to accomplish the authorship of two books—one focused on servitudes and the other delving into the intricacies of administrative law.
I’ve chosen to title this latest book ‘Decoding Administrative Law’ because it delves into administrative principles and provides them with a meaningful context for readers to engage with. I elucidate the role of government in upholding the rule of law, which, in turn, empowers individuals to challenge governmental actions and the authorities beneath it. After introducing the topic of administrative law, the book covers the following topics:
- Constitutional Foundations of Administrative Law
- The Rule of Law and Public Administration
- Distinguishing ‘The Public Service’ from ‘The Public Administration’ (also, ‘The Public Sector’)
- Disappointments in Public Administration
- Administrative Acts – Defining ‘Administrative Acts’
- Administrative Acts – Defining ‘Orders, Licenses, Permits, Warrants, Decisions, Refusals, Concessions’
- Administrative Acts – Exploring ‘Measures Intended for Internal Organization or Administration’
- Recommendations and Preparatory Acts Are Not Administrative Acts
- Human Error Among Public Officials
- Distinguishing Between Facts and Law
- ‘Errors of Fact’
- Exceeding Authorized Powers
- Neglecting Mandatory Procedural Considerations
- The Principles of Natural Justice
- ‘Audi Alteram Partem’ (Right to be Heard)
- ‘Nemo Iudex In Causa Sua’
- Duty to Provide Reasons
- Legitimate Expectations
- Improper Purpose
- Considering Irrelevant Factors or Omitting Relevant Ones
- Unreasonableness
- Proportionality
- Misapplication of Statutes
- Human Rights
- Timelines for Challenging Executive Actions
- Challenging Administrative Acts
- Challenging Legislative Acts by the Executive
- Challenging Executive Acts Involving Tort and Contractual Failures
- Challenging Actions Beyond Administrative, Legislative, Tort, or Contractual Bounds
What I wanted to show with this book is that achieving one’s objectives when dealing with authorities is not akin to waving a magic wand; rather, it involves putting administrative law principles and defences into practical action. In this book, I provide readers with the tools they need to effectively navigate interactions with authorities.
I am deeply honoured that the eminent Professor Kevin Aquilina has endorsed this work by stating:
“I think that this oeuvre should be the first book to be read on Administrative Law before embarking upon to read other Administrative Law publications.”
You can obtain a copy of this book through this link.