Constitution
The Constitution decides everyone’s rights and duties and governs the relationship between
the state and citizens.
It is the supreme law of the country and provides the basic framework for the organization
and functioning of the government.
Law
Law is rules made or enacted by the sovereign.
These rules regulate human behavior in society and are binding on all individuals.
Austin’s Definition of Law
According to Austin, law is the command of the sovereign backed by sanctions.
This means law is obeyed because there is a threat of punishment in case of disobedience.
Classification of Law
Public Law
Public law governs the relationship between the state and citizens. Administrative law is a
branch of public law.
It deals with the powers, functions, and duties of government authorities.
Private Law
Private law deals with relationships between individuals, such as contract law and property
law.
It protects personal rights and resolves disputes between private parties.
Types of Law
Substantive Law
Substantive law defines rights.
It determines the rights and duties of individuals and the legal relationship between them.
Procedural Law
Procedural law is the law of action and remedy.
It provides the procedure for enforcing rights and obtaining justice through courts.
Legal Systems
Common Law
Common law is judge-made law. It is law made from customs and traditions and is
uncodified.
It develops through judicial decisions and precedents over time.
Civil Law
Civil law is codified law. It consists of statutes enacted by the legislature. How statutes will
function is decided by common law.
It is written and organized into codes, providing clear and systematic rules.
Administrative Law
Administrative law derives its power from the Constitution. It is a part of public law and is
closely related to constitutional law. It not only deals with the organization of government
agencies but also defines their powers and regulates how these powers are exercised.
Administrative law aims to control the powers of administrative authorities to ensure they
act within legal limits. Moreover, it consists of rules and regulations made by subordinate
authorities to regulate the functioning of government agencies and ensure accountability in
their actions.
Administration
Administration refers to the process of governing and managing public affairs through state
institutions. It ensures that laws and policies are properly implemented for the welfare of
society.
Three Main Institutions
There are three main institutions of the state: Legislature, Judiciary, and Executive.
They work on the basis of delegation of powers and the principle of separation of powers to
maintain balance and avoid concentration of authority.
Levels of Government
The administrative system works from top to bottom at three levels: Federal, Provincial, and
Local Government.
Each level has its own functions and responsibilities for effective governance.
Officials and Representation
Officials are elected as representatives of the people.
They are responsible for making decisions and policies in the public interest.
Role of Bureaucracy
Decisions taken by these officials are implemented and enforced by bureaucrats.
Administration is executed by bureaucrats, who ensure that government policies are
properly carried out in practice.
Separation of Powers & Rule of Law
Legislature
The legislature is responsible for making laws. It includes elected representatives such as
Members of National Assembly (MNAs), Members of Provincial Assemblies (MPAs), and
Senators.
Law-making powers can be further delegated to subordinate administrative authorities for
practical implementation.
The supreme law-making body is the Parliament, while subordinate legislation is created by
administrative authorities under powers delegated by Parliament.
Judiciary
The judiciary interprets statutes and adjudicates disputes. This includes cases between
governments, between governments and citizens, or between private individuals. Judges
ensure that laws are applied fairly and in accordance with the Constitution and legal
principles.
Executive
The executive is composed of the president ,Cabinet at federal and provincial levels and the
enforcement authorities, i.e., bureaucrats. Both the Cabinet and bureaucracy are part of the
government machinery.
The executive is responsible for implementing and enforcing laws made by the legislature.
Parent Acts and Subordinate Legislation
Laws made by the legislature are called Parent Acts.
Laws made by subordinate authorities under powers delegated by the legislature are called
By-laws.
Administrative authorities also issue rules, orders, and regulations to implement these laws.
An Act is always passed by Parliament, not by administrative authorities. Through an Act,
Parliament delegates specific powers to subordinate administrative authorities to make
rules or regulations within their area of expertise.
Since legislators are not experts in every field, they delegate law-making powers to
concerned departments for effective governance.
For example, Parliament delegates powers to the Pakistan Bar Council, which can further
delegate to the Sindh Bar Council for legal matters, ensuring specialized and effective law-
making.
DEFINTIONS OF ADMINISTRATIVE LAW
Sir Ivor Jennings
“Administrative law is the law relating to the administration. It determines the organization,
powers and duties of administrative authorities.”
Massey criticizes this definition because it fails to differentiate administrative and
constitutional law. It lays entire emphasis on the organization, power and duties to the
exclusion of the manner of their exercise.
This definition does not give due regard to the administrative process, i.e. the manner of
agency decision making, including the rules, procedures and principles it should comply
with.
A.V Dicey
Administrative Law relates to that portion of a nations legal system which determines the
legal status and liabilities of all state officials, secondly, it defines the rights and liabilities of
all private individuals in their dealings with public officials, and thirdly, specifies the
procedure by which those rights and liabilities are enforced.
Dicey was obsessed with Rule of Law and thus could not appreciate other means of control.
William Wade
Administrative Law is the law relating to the control of governmental power.
So that government power must be kept under certain legal boundary
The statement does not define administrative law.
It does not deal with the powers and duties of administrative authorities nor with the
procedure required to be followed by them.
Sources of administrative law
Constitution
The Constitution of Pakistan is the supreme law of the country and the main source of
administrative law. It sets the basic framework for governance and defines the powers of the
executive, legislature, and judiciary. It also protects fundamental rights, ensures the
separation of powers, and guides how government authorities should act. All administrative
actions and laws must follow the Constitution. For example, Articles 4 (right to fair
treatment), 8 (laws inconsistent with fundamental rights are void), and 199 (judicial review
by High Courts) play an important role in controlling administrative decisions. The
Constitution also allows the creation of various administrative bodies, commissions, and
tribunals, which shape the structure and working of Pakistan’s administrative law.
Statutes/Legislation (Acts of Parliament/Assemblies):
Statutes are laws passed by legislative bodies, such as the National Assembly and Provincial
Assemblies in Pakistan. They are the main source of administrative powers and clearly
define the functions, duties, and responsibilities of government agencies. Statutes also set
the procedures that administrative authorities must follow. Examples include laws that
create specific regulatory bodies, such as the Federal Board of Revenue, the Pakistan
Environmental Protection Agency, or laws governing public administration and
administrative procedure
Delegated Legislation (Subordinate Legislation):
Delegated legislation refers to rules, regulations, bye-laws, orders, notifications, and
schemes made by administrative authorities under powers given to them by statutes.
Legislatures, because of their limited time and expertise, often delegate law-making powers
on specific matters to these agencies. Delegated legislation is an important source of
administrative law, as it provides detailed rules to implement the broader principles laid
down in statutes. However, such rules must always stay within the limits of the “parent” or
“enabling” statute.
Judicial Decisions (Case Law/Precedents):
In Pakistan’s common law system, courts play a vital role in shaping administrative law.
Higher courts interpret the Constitution and statutes, and review the legality of
administrative actions. Through their judgments, courts establish principles like natural
justice, proportionality, legitimate expectation, and grounds of judicial review (e.g., ultra
vires or irrationality). These judicial decisions serve as binding precedents, guiding future
cases and ensuring that administrative authorities act lawfully.
Ordinances:
In Pakistan, the executive (the President at the federal level or the Governor at the provincial
level) can issue ordinances when the legislature is not in session. These ordinances have the
same legal force as an Act of Parliament or Provincial Assembly. They can create or modify
administrative powers, making them an important source of administrative law, especially
for urgent matters that require immediate action.
Quasi-Courts
Quasi-courts are specialized institutions that perform adjudication instead of regular courts.
They are established to decide specific types of disputes related to administrative matters.
NATURE OF ADMINISTRATIVE LAW
Administrative law governs the functioning of administrative authorities and ensures their
accountability. Its main aspects include:
Composition of Administrative Authorities
Administrative authorities in Pakistan are government bodies at the federal and provincial
levels responsible for implementing laws, policies, and regulations in areas like taxation,
public services, social welfare, and law enforcement.
Composition
These authorities are structured with clear hierarchies, headed by ministers, secretaries, or
department heads, supported by officers and staff who manage specific functions. At the
federal level, bodies include ministries, regulatory agencies, and commissions, while at the
provincial level, similar departments and boards operate under provincial governments
Powers of Administrative Authorities
Their powers are granted by the Constitution, laws, and delegated legislation, They can make
decisions, enforce policies, issue regulations, and supervise subordinate offices, but must
operate within legal limits and follow prescribed procedures. Citizens can challenge misuse
of power through judicial review and writs under Article 199.
Procedure to Exercise Powers
In Pakistan, administrative authorities must follow legal rules and established processes
when exercising their powers. This includes issuing official orders, notifications, or
regulations in writing, conducting proper investigations or inquiries, giving affected parties a
chance to be heard, and making decisions in line with laws, rules, and delegated powers. All
actions must be documented and transparent, ensuring accountability and preventing
misuse of authority.
Limits of Powers
There are legal limits to prevent authorities from acting beyond their jurisdiction or violating
citizens’ rights, ensuring that power is not misused.
Control Mechanisms
Administrative actions are monitored through audits, departmental reviews, and judicial
oversight, which provide accountability and check arbitrary use of power.
Remedies for Abuse of Power
If powers are abused, citizens can seek remedies through courts, including filing writs in High
Courts under Article 199, such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and
Quo Warranto, to protect rights and ensure lawful administration.
Purpose of Administrative Law
The main purpose of administrative law is to regulate the relationship between the state and
individuals. It ensures that administrative authorities act with transparency and fairness in
the exercise of their powers. Administrative law also provides mechanisms to check the
misuse or abuse of authority, protecting citizens’ rights and ensuring accountability in
government actions.
DIFFERENCES
Scope
The Constitution has a wide scope and covers the entire legal and political framework of the
state. Administrative law is limited to the executive and focuses on the functioning of
administrative authorities.
2. Source
The Constitution is not derived from other laws; it is the supreme law of the land.
Administrative law is derived from the Constitution, statutes, delegated legislation, judicial
decisions, and ordinances.
3. Focus
The Constitution describes the organs of the state at rest (Holland), meaning it defines their
structure, powers, and relationships. Administrative law describes the organs of the state in
motion (Holland), meaning it focuses on how authorities exercise their powers in practice.
4. Nature
The Constitution is largely static and lays down fundamental principles, rights, and duties.
Administrative law is dynamic and provides detailed procedures and rules for exercising
administrative powers.
5. Control Mechanism
The Constitution ensures overall governance through the separation of powers and
protection of fundamental rights. Administrative law provides mechanisms to control
administrative authorities, ensuring transparency, fairness, and accountability.
6. Objective
The Constitution’s objective is to maintain the legal and political order of the state.
Administrative law aims to regulate the behavior of administrative authorities and protect
individuals from misuse or abuse of power.
7. Remedies
Constitutional remedies include enforcement of fundamental rights and judicial review.
Administrative law remedies include appeals, complaints, tribunals, and writs from courts
to check administrative action.
HISTORICAL BACKGROUND
Early Development in the Subcontinent
Administrative law in the subcontinent has roots that go back to ancient times and
developed under the influence of various dynasties. During the Early Bharat dynasty, basic
administrative systems were established to manage governance, taxation, and law and
order. The Bhoria dynasty refined these systems by improving the organization of
administrative offices and the duties of officials. Later, the Mughal dynasty introduced a
structured bureaucracy and formalized administrative procedures, ensuring rulers could
govern large territories efficiently. Under the British dynasty, administrative practices
became even more formalized, with clear rules, procedures, and the possibility for citizens
to submit petitions to authorities. Over time, these practices gradually evolved into what we
now recognize as modern administrative law.
Development in Britain
In Britain, administrative law developed alongside the political transition from a Magna Carta
monarchy to a Parliamentary system, where the legislative body gradually became the
supreme authority for law-making. This transition clarified the roles of the State in
governance and established the foundation for modern administrative law. During the 18 th
and early 19th centuries, under the laissez-faire policy, the government had minimal
functions, mainly maintaining law and order and defending the country. The economy was
left to private individuals, administrative bodies were few, and ordinary courts handled
disputes, so administrative law was almost non-existent. The Industrial Revolution brought
rapid industrialization, urbanization, and poor working conditions, prompting government
regulation of labor, factories, and public health, leading to the creation of administrative
agencies and inspectors.
Codification in France
Administrative law was formally codified in the 18 th century after the French Revolution,
during the rule of Napoleon Bonaparte. Two types of courts were established: ordinary
courts, handling general disputes, and administrative courts, resolving conflicts between
the state and individuals, employers and employees, and institutions. This system, called
Droit Administratif, had the Conseil d’État as the highest administrative court, responsible
for supervising administrative authorities and ensuring they acted within their powers.
Welfare State and 20th Century Developments
In the 20th century, many states transformed into Welfare States, providing education,
healthcare, employment, and social security. Administrative bodies, tribunals, and
delegated legislation grew rapidly, making administrative law essential to regulate
government action. In England, it developed through judicial decisions, emphasizing judicial
review, natural justice, and delegated legislation, without separate administrative courts.
Development in the United States
In the United States, administrative law expanded during the 20 th century with the creation
of independent regulatory agencies. The Administrative Procedure Act (1946) ensured
procedural fairness, transparency, and judicial review over administrative actions.
Development in India and Pakistan
In India and Pakistan, administrative law originated from the British colonial system. After
independence, both countries adopted the welfare state model, expanding administrative
functions. In Pakistan, administrative law is governed by the Constitution, Fundamental
Rights (Articles 8–28), judicial review, and administrative tribunals such as service and tax
authorities.
Modern Developments and Conclusion
Today, administrative law continues to evolve due to globalization, technology,
environmental regulations, and human rights concerns, strengthening accountability,
judicial activism, and oversight institutions. The historical evolution—from early dynastic
practices in the subcontinent to codified principles in France and modern welfare states—
demonstrates that administrative law is a distinct branch of law aimed at controlling
administrative powers, ensuring fairness, and providing remedies to citizens.