When I was a student, I often struggled to remember what was covered in class on any given day. The usual practice was to scribble down notes—often on foolscap paper back then—but all those notes eventually blurred into an indistinct haze. One day, much later, you might get a flash of memory and think, “Wait, I was told something about this!” But the details are elusive, leaving you frustrated.
That’s why I believe there’s a better approach to learning, especially when it comes to dense subjects like administrative law: focusing on key takeaways. Keeping it short, simple, and straight to the point can make all the difference. This is what I emphasized to the Administrative Law students today, giving them some key points that they should remember before and after diving into the introductory chapters of Decoding Administrative Law, up to Section 6. Here’s a rundown of what we discussed, in a less formal, more digestible format.
So, what’s the deal with the Rule of Law?
Let’s be honest, the rule of law isn’t something you can wrap up in a neat little definition. It’s more like trying to describe what makes a building beautiful—everyone has their own take. But, there are a few common themes that seem to pop up when we talk about the rule of law. First and foremost: the law applies to everyone. That’s a step beyond saying “everyone’s equal before the law”—it’s about ensuring that no one, not even the government, gets a free pass.
Second, laws need to be clear and accessible. If nobody can understand them, what’s the point? And then there’s the whole idea of separation of powers—keeping the legislative, executive, and judiciary branches distinct so no one entity holds all the cards. Oh, and don’t forget non-retroactivity. No fair passing a law today and using it to penalize someone for something they did last year. Finally, we have human rights protection, which locally means our Constitution’s Chapter 4 and Chapter 319 serve as parallel safeguards.
But what about holding the government accountable?
That’s where the principle of executive accountability comes into play. Basically, it means that the executive branch isn’t some untouchable force. It can be challenged in court just like anyone else. So, if you feel that the executive has overstepped or acted unfairly, you have the right to question it. This isn’t just a theoretical point—it’s a cornerstone of ensuring that power doesn’t get abused.
Public Administration (or Public Sector) vs Public Service – What’s the difference?
Okay, this is one of those nit-picky distinctions that might seem like splitting hairs, but it’s important. When we talk about Public Administration (or Public Sector), we’re referring to the whole engine of the executive—every arm of the government that makes it run. But the Public Service? That’s a smaller, more specific slice of the pie. Article 124 of the Constitution nails down what it means.
This might sound abstract, but it matters when you start looking at how the law applies to different branches of the state. Think of Public Administration (or Public Sector) as the whole machine, and the Public Service as just one gear in it.
What types of executive actions are there, anyway?
Here’s where it gets a bit technical, but let’s break it down. The executive does a lot of things, and legally speaking, their actions fall into four main types:
- Administrative Acts: Say the Planning Authority rejects your request to build that dream house. That’s an administrative act. It’s a decision made by a public body that can be contested, reviewed, or challenged.
- Acts of Tort: Imagine you trip over a cracked pavement and injure yourself. If the local council was supposed to maintain that pavement, you might have a case against them for negligence. That’s an act of tort.
- Legislative Acts by the Executive: Sometimes, ministers pass regulations or subsidiary legislation. But what if they overstep and do this without proper authorization through the parent Act? These acts can be challenged as unlawful.
- Failure to Honour Contracts: Say a public authority agrees with an individual to meet some obligation and then doesn’t deliver. That’s a breach of contract, and yes, it can be legally enforced just like any private contract.
That’s a lot of information to take in, but if you keep these points in mind while reading through the first few chapters of Decoding Administrative Law, it’ll help make everything click into place. Think of them as signposts guiding you through a complicated landscape. They’re not just abstract concepts—they’re principles that shape how laws are applied, how governments operate, and how citizens interact with the state.
The key is to stay focused on what’s really being said, strip away the jargon, and remember the core ideas. With these takeaways as your roadmap, the journey through administrative law won’t feel quite as daunting.