Administrative Law Attorney
Administrative Law Principles
The administrative law governs the operation of government agencies. The term refers to any body with governmental authority, such as a municipality, a local authority, a government department, etc.
People who have been adversely affected by an administrative decision may petition a court for disqualification. If an administrative decision violates the principles of administrative law, the court will intervene. In what ways do those rules apply? The following article will elaborate on just this matter.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
An introduction
Due to their activities affecting all aspects of daily life, the government authorities have a significant impact on the daily lives of all citizens. Therefore, when performing their duties, government authorities are required to act with authority and legality, to maintain purity of character, to follow a fair administrative procedure, among other requirements. Using these standards will ensure that any body with governmental authority will exercise its authority properly, in a reasonable manner, without conflict of interest, and in accordance with the principle of equality. If a decision was made in violation of the principles of administrative law, the citizen affected by that decision may submit a petition to the court seeking the cancellation of that decision. In this regard, it is important to point out that the court is not in a hurry to invalidate administrative decisions, and that it does not substitute its own judgment for that of the governing body. Therefore, in order to annul a decision, the applicant must demonstrate that the decision contained a fundamental flaw that justified the intervention of the court.
Administrative Law Principles
Obviously, this article is not sufficient to explain all the principles of administrative law, as it is a broad and complex field. In spite of this, we can point to a few central rules that underlie administrative law. In the first place, there is the principle of administrative legality, which states that the administrative authority may only conduct activities authorized by law. Second, A governmental body must also conduct a fair procedure, within which a conflict of interest must be avoided. A reasonable judgment must be exercised, and all relevant rules must be observed. An administrative decision that may harm the interests of an individual or the entire public, for example, is required to give those affected a right of argument. Another example is when it is necessary to consult with professionals in order to make an informed decision. These principles are designed to prevent government authorities from acting arbitrarily and abusing their authority.
The cancellation of an administrative decision
By applying the rules described above, the court may review the decision of the administrative authority, at which point it will determine whether it is correct and should stand, or if it should be annulled. An administrative decision may be annulled by the court on one of four grounds: lack of authority, lack of legality, unreasonableness, or improperness of the administrative process:
- Lack of authority: Legislation gives every administrative authority the authority to act. Due to this, if the authority made a decision that it did not have the authority to make under the law, that decision is void since it has no legal meaning.
- Illegal Decision: The relevant authority must not only act within its authority, but also make its decision in accordance with the provisions of the law authorizing that action. A decision that is invalid will be annulled.
- The Reasonableness of the Decision: As well as the question of authority and legality, an administrative decision must also meet the test of reasonableness. In the event that the court determines that a decision was made with ulterior discriminatory motives in mind, the decision will be invalidated.
- Incorrectness of the procedure: In some cases, an authority may have acted with authority, in accordance with the law, and its decision was reasonable, but it will still be annulled. It occurs when the decision was improperly given, for example, in the absence of a right of argument, or when the authority failed to consult with a professional regarding an issue that requires them to do so.
