Administrative law theories Essay Example | Topics and Well Written Essays - 1500 words

Administrative law theories - Essay Example Administrative law deals with the decision-making of administrative units of government that are part of a state regulatory scheme in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport. Administrative law extended greatly during the twentieth century, as legislative bodies world-wide created more government agencies to regulate the increasingly complex social, economic and political spheres of human interaction (Administrative law, 2006).Most countries that follow the principles of common law have developed procedures for judicial review that limit the reviewability of decisions made by administrative law bodies. Often these procedures are joined with legislation or other common law doctrines that set up principles for proper rulemaking (Administrative law, 2006). Administrative law may also apply to review of decisions of so-called quasi-public bodies, such as non-profit corporations, disciplinary boards, and other de cision-making bodies that influence the legal rights of members of a particular group or entity (Administrative law, 2006).While administrative decision-making bodies are often controlled by larger governmental units, their decisions could be reviewed by a court of general jurisdiction under some principle of judicial review based upon due process (United States) or fundamental justice (Canada) (Administrative law, 2006).... traditional view of administrative law is that it should aim to reinforce the rule of law, and ensure the liability of Executive government to the will of Parliament and, at least indirectly, of the people. However, in practice the courts sometimes thwart the will of Parliament while professing to uphold it. The trend of judicial activism in immigration law cases during the late 1980s and early 1990s exemplifies a open-minded view by the courts of the rights of refugees and other visa applicants which was clearly in conflict with the bipartisan view of Federal Parliament that a more restrictive approach was required. Every time the courts handed down a pro-rights decision, Parliament effectively nullified it by amending the Migration Act (Administrative law theories, 2000). Green Light Theorists versus Red Light TheoristsThe green light theory and red light theory were analysed in Harlow and Rawlings (1984) Law and Administration, Weidenfeld and Nicholson, London. The Red Light approach advocates a strong role for the courts to review administrative decisions. It considers that the function of law is to control the excesses of state. As Harlow and Rawlings put it: "Behind the formalist tradition, we can often discern a preference for a minimalist state. It is not surprising, therefore, to find many authors believing that the primary function of administrative law should be to control any excess of state power and subject it to legal and more especially judicial, control. It is this conception of administrative law that we have called 'red light theory' (Administrative law theories, 2000)." The Green Light approach considers that the function of administrative law is to make possible the operations of the state. It is based on