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Administrative Law Summary of Class Material July 2021-1

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27 views4 pages

Administrative Law Summary of Class Material July 2021-1

Uploaded by

ssaliruth679
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Topic One: Administrative law remedies available to

citizens
• Appeals, this is the process of seeking legal redress against
an administrative decision from the courts of law or
administrative authorities which are higher in hierarchy.
• Judicial review; this is where the courts of law interfere to
establish with the legality of the procedures followed by
administrative authorities in reaching decisions.
• Prohibition; this is where the courts of law prohibit
administrative authorities from performing certain actions.
• Injunctions; this is a court order which temporarily or
permanently seeks to restrain administrative authorities
from doing certain actions which may lead to violation of
rights.
• Mandamus; this is a court order directing public authorities
to perform their statutory functions.
• Habeaus Corpus; this is an order of court directing public
authorities e.g. the police, army, prisons and other security
organs, to produce a person in their custody before it.
• Declarations; these are pronouncements by courts of law in
regard to the actions of administrative authorities which
affect the rights of the parties before it or the public at
large.
• Damages; this is monetary compensation awarded by courts
of law to those whose rights have been violated or affected
by administrative authorities or decisions.

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• Reinstatement; this is an order of court directing
administrative authorities to re-employ a person that was
irregularly/ wrongfully dismissed or terminated from
employment.
• Certiorari; this is an order of court setting-aside/quashing an
administrative decision which have been irregularly taken or
are ultra-vires.

Topic Two: The Doctrine of Natural Justice


The doctrine of natural justice requires that procedural fairness
in any given situation provides for minimum standards which must
be observed in treatment of individuals who are subject to
administrative processes such as disciplinary proceedings.
The doctrine of natural justice is provided for under Articles 28
and 42 of the Ugandan Constitution.
• Article 28 provides for the right to a fair hearing for an
independent and impartial court, tribunal or other
administrative body.
• Article 42 provides for the right to just and fair treatment in
administrative decisions and the right to apply or appeal to
a court of law where one is not satisfied.
The doctrine of natural justice is categorized under two rules i.e.,
the right to be heard (audi alteram partem) and the rule against
bias (nemo judex in causa sua).
• The right to be heard: This involves all activities necessary
for logical presentation of one’s case in an oral or written
manner before a decision is taken. E.g., notice, right to

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appear in person, right to adjournment, presence
throughout proceedings, right to receive all necessary
documentation and information, right to call witnesses, right
to legal representation, conduct proceedings in a language
one understands.
• The rule against bias: This rule provides that no one shall be
a judge in his own cause as justice should not only be done
but should be seen to be done. Thus, a decision maker must
not be biased and should not appear to be biased, in coming
to a decision. The rule against bias comprises of (i) financial
considerations and, (ii) social connections.

Topic Three: Processes of government


• Licensing: This is the process of granting official permission
to do something, own something or use something.
Thereafter, an official document called a license is issued as
conclusive proof that official permission has been granted.
E.g., trading license, driving license, alcohol license, gun
license, drug license, etc.
• Enforcement of standards: This is the process of ensuring a
uniform minimum legally and generally acceptable quality.
This could be in regard to particular activities, goods or
services. E.g., UNBS, NDA, NCHE, CAA, NEMA, etc.
• Registration: This is the process of making an official record
and thereafter issuing an official document called a
certificate. A certificate is conclusive proof that an official
record has been made. E.g., car registration, births, deaths,
marriages, business, etc.

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• Appeals: this is the process of seeking legal redress against
an administrative decision from the courts of law or
internally established administrative structures which are
higher in hierarchy.
• Judicial review; this is where the courts of law interfere with
administrative decisions or actions (e.g., a policy, law or
events) through a careful examination with the intention of
changing them or setting them aside if necessary. Judicial
review is basically meant to establish with the legality of the
procedures followed by administrative authorities in
reaching decisions.
• Consultation; This is the process of holding discussions with
the public before taking or implementing an administrative
process/action/law. This could be through formal meetings
aimed at gathering information from affected or interested
persons.
• Public Inquiries: This is the process of inviting the public to
give views on matters of public concern or interest.
According to the Commissions of Inquiries Act of Uganda,
Public inquiries are appointed by the President or a Minister.
Public inquiries conduct their proceedings by was of
investigation and fact finding and thereafter, compile
reports with their findings and recommendations. E.g., the
recent

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