EDEN UNIVERSITY

STUDENTS ID : 2021062056

EMAIL : reginampochera20@gmail.com

COURSE : ADMINISTRATIVE LAW

LECTURE : MR MULENGA BESA

DUE DATE : 09/05/22

QUESTION;

Write a short thesis on the development of administrative law and highlight the factors that
spearheaded its growth.
INTRODUCTION

Administrative law, it has different meaning as it was defined by different scholars and authors
and it has a broad meaning. Defining administration law can be ranged from the functions of
administrative law to the description of public administration and due to this fact, it’s impossible
to give any exact definition of administrative law. Definitions that has been seen to have the
elements and functions of administrative law are that of Milton M. Carrow, Bradley,A.W, and
Ewing, K.D. And not forgetting the definition of administrative law by Mulenga Besa.
According to Milton M. Carrow in his book the background administrative law1, he defined
administrative law as the law dealing with powers of administrative agencies as the affect
persons outside the government, with the process through which powers are exercised and with
control over such powers and processes. Bradley and Ewing defined administrative law as a
branch of public law concerned with the composition, procedures, powers, duties, rights and
liabilities of various organs of government that are engaged in administering public policies. 2
And Mulenga Besa defined it as a body of public law which establishes administrative bodies or
agencies of government confers powers they have and regulate the manner in which they opt to
exercise their functions and powers.3 From the definitions that have been given one can simply
tell that administrative law it’s all about public bodies, their powers and functions and what
happens if these public bodies abuses their powers. Thus this essay will explain the development
of administrative law and the factors that spearheaded its development.

Administrative law as I have explained in paragraph one, that administrative law is concerned
with public authorities, not only that it is also concerned with the way power is acquired, where
the public authorities get their powers from and the nature of those powers. It determines
whether the exercise of a power subject to any particular procedure, or whether it must be
exercised in any particular form. If so, it addresses the effect of failing to do so. It focuses on
how to ensure that powers are used effectively and efficiently. Administrative law is concerned
not only with power but also with liabilities both of authorities and of their employees. It is
concerned with the bodies, which exercise these powers – central government departments,
public corporations, local authorities and other institutions. The role of the courts as independent

1
Milton M. Carrow, the background of administrative law, 1948
2
Bradley, A.W,& Ewing, K.D. Constitutional and administrative law, 14 th ed, London: Pearson education, 2007.
3
Besa. M, Administrative law and process, cases and commentaries, Ndola: mission press,2019.
institutions, in providing some checks on the exercise of public powers is the concern of
administrative law. The level of development of administrative law in a country depends on the
nature and extent of public administration in that country which depends on the nature of the
functions which are assumed by the government as being within its province to undertake.

In olden days, many nations including England from which Zambia takes its government
structure pursued laissez-faire attitude towards governance. They were mostly concerned with
administering law and order, defending the country from external aggression and levying taxes to
get revenue for governmental operations. Matters of social and economic nature were left in
private hands. It is clear that political and economic circumstances brought about the existence of
administrative law. Administrative law was created as an instrument to control the ever
expanding government power as Lord Acton once said ‘power corrupts and absolute power
corrupts absolutely’. Concentration of power in the hands of public officials, unless regulated
and controlled properly and effectively, always poses a potential danger to the rights, freedom
and liberty of individuals. The evolution of administrative law goes in a parallel progressive
stage with the transformation of public bodies to the welfare state. The reason that necessitated
conferring more power on the state. The pitfalls, defects and shortcomings of the public bodies
became clear at the end of 20th century.4

HISTOLICAL DEVELOPMENT OF ADMINISTRATIVE LAW IN ZAMBIA

The development of administrative law in Zambia started way before Zambia gained
independence, when it was just colonized by the British. During that time there were two
administrative centers being the North eastern Rhodesia and the Northwestern Rhodesian. The
British South Africa company entered into concessions to acquire control over territory. In terms
of administration, the company signed a concession with Lewanika in 1899. This gave rights
over land over land, minerals and other things. In 1924, the company ceded power to the crown,
through the orders in council; the company was allowed to divide the territory into towns and
districts as administrative centers. The reasons for creating districts were for administrative
convenience and to ensure that the tribes were kept within certain localities where they could
identify with themselves.

4
Abrham Johannes, state and evolution of administrative law
The system continued and so the need for appointment of persons to be in charge of certain
department and in 1901, the first civil servants were appointed by the crown assisted by
secretaries for various functions. In 1929, provincial governments were created headed by
provincial commissioners who were assisted by district commissioners. In 1959, the ministerial
system was introduced and it replaced secretaries. In terms of the civil service it was expected to
be non-partisan and implement government policies; however this was not possible as the
government made a number of political appointments such as permanent secretaries, ministers
and so on. With the establishment of the administrative Centre’s come to award administrative of
power. The exercise of this power had to be controlled hence the emergency of administrative
law.

Administrative law seems to have developed from a combination of forces, some pressing on
legal system from without, others from within. From without came the most powerful forces,
economic and social; from within came revolt against the impractical technicalities and rigidity
of a structure adapted by and for older generations, conditions, institutions and which were
welded too strongly on the present.5 As observed by Aristotle the first of all causes and the
principal one is necessity. The development of administrative agencies and of the law which
governs them was social necessity, as one writer has put it, 6 rather than an absolute one. History
reveals that; the two legal systems that have impressed themselves mostly deeply upon the
world, that of Rome and that of England, have for considerable periods managed to do without
administrative intervention with private rights other than in judicial forms. The necessity then
was a relative one and was so considered by the people whose demands for regulations of
industry brought about the increase in administrative agencies and law.7

The inefficiency of judiciary, the judicial system proved to be inadequate to decide and settle all
types of disputes. It was not only slow but costly, inexpert, complex and formalistic. The courts
were already over burned and it was not possible to expect speedy disposal of even very
important matters, e.g. disputes between employers and employees, lockouts, strikes etc. these
burning problems could not be solved merely by literally interpreting the provisions of any
statute, but required consideration of various other factors and it could not be done by the

5
Edward L. Metzler, the growth and development of administrative, 19 Marq. L. Rev. 209(1935).
6
Borchard, French administrative law (1933) 18 lowa L. Rev. 133.
7
Berle, the expansion of American administrative law (1917) 30 Harv. L. Rev. 443
ordinary courts of law. Therefore, industrial tribunals and labor courts were established, which
possessed the techniques and expertise to handle these complex problems.

Most of the time members of the legislature lack expertise in the field in which the legislation is
being made. Having to make laws that can cater for all the needs of the people which by the way
change from day to day, is not only lengthy procedure but time consuming, formal, slow,
inadequate and most all overburdening. It is practically impossible for the legislature to lay down
detailed rules and procedures for every law made. Even if an attempt were to be made to give
detail to each law, it would be found to be defective and inadequate. Therefore there was a need
to delegate some powers to the administrative authorities, leaving the legislature to provide for
what can be termed as a skeleton law which then is passed to a body of experts to give detail
rules and procedures.

To sum up everything that has been stated so far, the growth of administrative law resulted as the
natural accompaniment of the growth of administrative agencies in existence of the recognized
governmental functions and of the new agencies set up to meet the needs of a changing society
and the factors which spearheaded its development are that of political, social and legal and
procedure.

BIBLIOGRAPHY

BOOKS

Milton M. Carrow, the background of administrative law, 1948

Bradley, A.W,& Ewing, K.D. Constitutional and administrative law, 14 th ed, London: Pearson education,
2007.

Besa. M, Administrative law and process, cases and commentaries, Ndola: mission press,2019.
Abrham Johannes, state and evolution of administrative law

Edward L. Metzler, the growth and development of administrative, 19 Marq. L. Rev. 209(1935).

Borchard, French administrative law (1933) 18 lowa L. Rev. 133.

Berle, the expansion of American administrative law (1917) 30 Harv. L. Rev. 443.