Professional Documents
Culture Documents
Course Syllabus
Course Title
Course Code
Credit Hours
Course Objective
Learning Unit
Learning Unit
One Net contact
hours 5 hours.
Learning Unit
Two
Net contact hours
8 hours.
Learning Unit
Three
Net contact hours
Administrative Law
LADM 336
Three 3
The objective of this course is to train the students on many of the safeguards
which prevent government becoming an intolerable evil. It is the purpose of this
course to provide an introduction to administrative law and its control of
government power indicating, wherever desirable, the nature of those powers, the
purpose of governmental functions as well as the scope and effectiveness of legal
control. It covers the administrative agencies of government, the nature,
characteristics and sources of its powers, the judicial review of administrative
action and the remedies for unlawful and irregular administrative action.
1. Introductory:
1.1 The Scope and Purpose of Administrative Law (definition, the rule of law, the
constitutional background to administrative law, the relationship between
constitutional law and administrative law; is the parliament sovereign and
supreme? the separation of powers; conventions; prerogative powers;
administrative law in perspective)
1.2 The federal system and its three tiers of governments (the conduct of
government; legal Immunities of the crown; crown servants and agents, central
government functions)
1.3 Statutory inquiries in administrative law
1.4 Local authorities
1.5 Administrative tribunals
1.6 Public corporations, executive and privatized agencies
2. Administrative powers
2.1 The Nature and Characteristics of Administrative Powers (statutory powers;
the nature of statutory administrative powers; the nature of discretionary powers;
characteristics of administrative powers; the initiation of administrative action;
licensing; financial regulation; contractual regulation; regulation by the criminal
law; disciplinary regulation)
2.2 The Sources of Administrative Powers (the range of administrative powers,
legislation, the advantages and disadvantages of legislation; the preparation of
legislation; the categories of legislation; the legislative procedure for public bills;
the legislative procedure for private bills; the status of private bills; the scope of
private Acts, private local Acts and reorganization of local government;
provisional orders; special procedure orders)
2.3 Delegated Legislation (primary and delegated legislation in action; statutory
instruments; the classification of delegated legislation; bylaws; compulsory
purchase orders; standing orders; the publication of statutory instruments;
parliamentary control of delegated legislation; delegated legislation and the
courts)
3. Judicial Review, Ultra Vires and Natural Justice
3.1 Procedural Ultra Vires (statutory procedures; mandatory and directory
procedures; public functions; individual rights and interests; individuals
10 hours.
Learning Unit
Five
5.Crown Proceedings
5.1 The Background to Crown Proceedings (The Crown Proceedings Act);
Total Contact
Hours
Basic Text
Contracts and the Crown (employment contracts; the funding of crown contracts;
contracts fettering future executive action by the crown); tortious liability of the
crown (vicarious liability of the crown; the employers common law duties;
common law duties relating to crown property; breach of statutory duty; the
discharge of judicial responsibilities; immunity in respect of certain acts of
members of the armed forces); Judicial Remedies and the Crown (mandamus and
the crown; injunctions and the crown); procedure; public interest immunity (the
conclusiveness of claims opposing discovery; public interest immunity
recognized; the application of public interest immunity; administrative agencies
and the disclosure of confidential confidential information; public interest
immunity and Matrix Churchill, public interest immunity certificates)
6. Remedies for Maladministration
6.1 The Ombudsman Remedy (the Ombudsmen in the UK); the parliamentary
commissioner for administration (government departments and authorities subject
to investigation; matters excluded from investigation; complaints; alternative
remedies; the investigation of administrative functions; procedures for
investigations; injustice in consequence of maladministration; maladministration
and injustice in practice; judicial review of reports and decisions)
48 Hours ( excluding assessment, assignment and final examinations
M P Jain and S N Jain, Principles of Administrative Law (LexisNexis, 2015)
The Constitution of Nepal, 2015
Chapters, Articles and Notes as prescribed by the subject teacher
Evaluation
Scheme
In-semester evaluation
End-semester evaluation
Total
50 %
50 %
100 %