1.1 KEY ISSUES / PILLARS:
- Authority: Public power exercised by person.
(
Over subordinate person. (affecting rights & interests).
(Relationship one of inequality - vertical relationship).
- Administrative action: Conduct of anyone exercising public power. (Functionaries
/ institutions etc.) (Authority to act -
derive authority from The Constitution & legislation).
- Just administrative action: Conduct imposed by The Constitution. (Protects person in
subordinate position).
3 requirements: - Lawful
- Reasonable (objective decision).
- Procedurally fair (opportunity to defend the position - written reasons).
- Control of administrative action: Correcting administration not in line with law.
Law provides protection from abuse of power.
1.2 DESCRIBING ADMINISTRATIVE LAW:
- Is sum total of legal rules;
- granting people or bodies in authority
- the power to take action & prescribe the procedures following during such action;
- and ensure such action is in line with the boundaries of law.
- It also provides for control over such action.
Kenya Administrative Law: DESCRIBING ADMINISTRATIVE LAW:
Admin
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