The common law in the legal system is similar to common law systems used in england and wales and other commonwealth countries. Direct rule was mainly adopted by germany in colonies such as tanganyika, namibia, cameroon and togo. The law functions in relation to politics in three basic aspects, namely as a goal, a means, or an obstacle. According to the western legal tradition, a formally rational legal system, also results in justice that the people desire. Library of congress control number 2010592721 language english online format. Nigerias political system and the people vanguard news.
Principles of administrative law this course is a threecredit unit course for undergraduate students of political science. No political system is considered complete and democratic if it does not have a system of local government. High courts have inherent jurisdiction to supervise the proceedings and decisions of inferior courts or tribunals or those of a person or body of persons charged with the performance of a public duty. Until recently, the distinction between administrative law and constitutional law was treated as nonexistent. Apr 12, 2007 nigeria has made progress since its return to democracy in 1999. These statutes are the substantive law that is enforced by the agency. Hence, for a turn around and development of the economy, there. Administrative discretion and judicial control in nigeria.
Judgment when is a judgment or finding of a court said to be perverse. Nigerias creaky political system council on foreign relations. Indirect rule system indirect rule was an administrative system in which traditional rulers implemented the colonial policies for the aims of preserving of traditional political institutions and their adaptations under the direction of the british administration to the requirements of modern units of local government. The constitutional framework for the legal system is provided by the constitution of nigeria. Today public administration is often regarded as including also some responsibility for determining the policies and programs of governments. Journal of integrative humanism ghana march, 2014 issn.
The stronger party exercises almost absolute control on the political life and the resources of the country. In the process of seeking to realise those interests, there were many unplannedfor byproducts, one of which was the sociopolitical aggregation which is known today in international law as the federal republic of nigeria. It deals with the powers and duties of administrative authorities, the procedure followed by them in exercising the powers and discharging the duties and the remedies available to an aggrieved person when his rights are affected by any administrative action. In large complex societies, many decisions must be made about the duties and responsibilities of citizens and also about the rights and privileges. Though the origin of administrative law in the usa can be traced 1789, still it is with the passing of the commerce act of 1877, that it took a definite shape. Administrative law has become very necessary in the developed. May 29, 20 nigeria has been actively against the alqaeda and taliban by using its military to trace and identify these suspects that are enemies to administrative development and national development. Aug 08, 2015 structure of unified local government system in kaduna state. Fortunately for the citizen, judicial control of administrative action has been a. Administrative law administrative law is a combination of substantive and procedural law. Stateenforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the.
Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. Sep 29, 2011 administrative law administrative law is a combination of substantive and procedural law. Practice and procedure attitude of the supreme court to concurrent findings of the lower courts practice and procedure how concurrent findings of lower courts can be challenged administrative law effect of the findings or decision of a. Administrative law latest nigerian supreme court cases. In the process of seeking to realise those interests, there were many unplannedfor byproducts, one of which was the socio political aggregation which is known today in international law as the federal republic of nigeria. Nigerias creaky political system council on foreign. The standards laid down by the apa also help federal courts whenever they are faced with suits challenging the rules and regulations created by the agencies. That is not democracy, that is tyranny, and now is the time for it to end. Administrative law as the bedrock of administrative agencies and. It has been variously described as a science and the art of justice.
Apr 03, 2016 administrative law specifically deals with the such administrative agencies decisionmaking capabilities, as they carry out laws passed by state and federal legislatures. It was a form of colonial administrative system which ruled africans directly by replacing african traditional, political and administrative organizations. Administrative law and legitimacy in anglophonic africa. This course guide gives you an overview of the course. The field of administrative law is inextricably bound to two phenomena that trace their origins to the nineteenth century. Colonialism and colonial administrative system in africa.
The rule of law, like democracy, is one of our most basic political commitments. Each society must have a political system in order to maintain recognized procedures for allocating valued resources. Checks and balances rights of mutual control and influence make sure that the. Administrative lawis the law relating to the control of governmental powers there is. Hart argued law is a system of rules, divided into primary rules of conduct and secondary ones rules addressed to officials to administer primary rules. Overview administrative law is the study of governance. Administrative law, the legal framework within which public. The structure of the unified local government system in kaduna state is created under the kaduna state local government administration law no. Administrative law is the body of law that allows for the creation of public regulatory agencies and contains all of the statutes, judicial decisions, and regulations that govern them.
Administrative agencies can create their own rules and regulations. The first purpose is the administrative purpose of. R wade said administrative law is the law relating to the control of governmental. The advantages and disadvantages of administrative adjudication. The common law in the legal system is similar to commonlaw systems used in england and wales and other. The common law in the legal system is similar to common law systems used in england and wales and other. Administrative law is considered a branch of public law. Introduction as widely argued before colonialism, the african societies had a rich tradition of political, economic and social institutions that dealt with the allocation of resources, lawmaking and social control. Administrative lawis the law relating to the control of governmental.
It derives from the need to create and develop a system of public administration under law, a concept that may be compared with the much older notion of justice under law. Administrative law is the body of law that governs the activities of administrative agencies of government. Nigeria is a federal republic with a presidential system. The law of nigeria is based on the rule of law, the independence of the judiciary, and british common law due to the long history of british colonial influence. An example of administrative law is the regulation and operation of the social security administration, and the administration of benefits to the people. Administrative law in nigeria, which law we adopted from the british legal system. Nigeria federal surveys, 1965 subject headings nigeria administrative and political divisionsmaps.
Local government and good governance administration in nigeria. This is another challenge to the criminal justice system in nigeria, as the police was said to be the most corrupt criminal justice institution with 29. Authoritative writings like franks comparative administrative law 1911, frauds case book on administrative law gave much impetus. But a political system crippled by corruption and dogged by ethnic tensions threatens to derail the country from its path toward. Schwartz1983 sees administrative law from the point of view of control and supervision. Understanding administrative law fourth edition by william f. Conceptual analysis issues and prospects introductory. Apr 04, 2020 administrative law, the legal framework within which public administration is carried out. If a system of administrative law is to guarantee these characteristics, its. This war on terrorism has seen more than one million nigerians who live and work in america while an estimated 25,000 americans live in nigeria. Nigeriaand the lower the rate the better, so long as it will attract voluntary labour. Public administration, the implementation of government policies. Since administration involves the exercise of power by the executive arm of government, administrative law is of constitutional and.
No person wants to live in a society where the rule of law gives way to the rule of brutality and bribery. Types of accountability, internal control, external control introduction to public administration political science public administration. Available also through the library of congress web site as a raster image. Administrative law, the legal framework within which public administration is carried out. Professor of law the catholic university of america 0001 versacomp 4. To that degree, law must be independent of politics. A legal system that stresses on substantive qualities of law finding and lawmaking uses factors, such as emotional. Each federal administrative agency is empowered to administer a particular statute or statutes.
Law is commonly understood as a system of rules that are created and enforced through social or governmental institutions to regulate conduct, although its precise definition is a matter of longstanding debate. Master degree lecture notes on administrative law, university of calabar nigeria 1998. Politics and administrative responsibility in nigeria. Schwartz 1983 sees administrative law from the point of view of control and supervision. The advantages and disadvantages of administrative.
Under that law, the structure can be categorized into political and administrative, although such wordings are used therein. It derives from the need to create and develop a system of public administration under law, a concept. That said, the starting point for many administrative law. Lgas replaced the districts that were the previous thirdtier administrative units under the british government. The materials have been developed to meet global standards. To the nigerian engaged in practising or studying law, administrative law was considered merely as a topic in constitutional law. Administrative law definition, examples, cases, processes. The implementation of laws is the task of the executive and judicial branches. The system of separation of powers divides the tasks of the state into three. Nigeria has made progress since its return to democracy in 1999. Administrative law is the law relating to the administrative operation of government.
While congress creates authority, the president enforces that authority, and courts confine or discipline the exercise of that authority, it is agencies that govern. Administrative lawis the law relating to the control of governmental powersthere is. This agrees with almond 1960 postulation on structuralfunctionalism, which. An assessment of legislative mandate performance and executive implementation of public programmes 19992012 28 research centre for management and social studies ethnic societies. Theoretically it means that every body high or low, and official or private is. The federal government of nigeria is composed of three distinct branches. Land law law of evidence proof of ownership of land law of evidence how to resolve conflicts in traditional history.
Administrative law and procedure legal definition of. The standards laid down by the apa also help federal courts whenever they are faced with suits challenging the rules and regulations created by. The administrative procedure act 1946i apa sets the standards for administrative agencies in exercising their lawmaking powers. This article examines some basic characteristics of the relationship between national and international law and politics. Available also through the library of congress web site as a raster. The british were in the nigerbenue area to pursue their interests, which were largely economic and strategic.
It is the unifying force of the administrative processin 1 pub. The plethora of states, of which there were only three at independence, reflect the countrys tumultuous history and the difficulties of managing such a heterogeneous national entity at all levels of government. The constitution provides for a separation of powers among the three branches of government. Specifically, it is the planning, organizing, directing, coordinating, and controlling of. But a political system crippled by corruption and dogged by ethnic tensions threatens to derail the. A full overview of administrative law in nigeria is provided. Nigeria thus fell to britain more as a result of the diplomacy of imperialism. Hart attacked austin for his simplifications and kelsen for his fictions in the concept of law. Administrative law can be said to be an innovation in the nigerian political. Nigeria is divided into thirtysix states and one federal capital territory, which are further subdivided into 774 local government areas lgas. The above excerpt describes the sociopolitical climate prevalent in africa. The common law in the legal system is similar to commonlaw systems used in england and wales and other commonwealth countries. It is created by administrative agencies to implement their powers and duties in the form of rules, regulations, orders, and. Nigeria has been actively against the alqaeda and taliban by using its military to trace and identify these suspects that are enemies to administrative development and national development.
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