Unit 3: Classification of Administrative Authority
3.1 Meaning, Need and Importance of Classification of Power
The functions’ classification (the triad): the legislative (the general rules’ making), the judicial (the disputes’ deciding), the administrative (the policy’s execution) — the pure theory’s separation + the modern blend (the administration exercising all three in modified forms). The need: the control’s tailoring (each function’s own discipline: the rule-making’s publication; the adjudication’s hearing; the administration’s hierarchy); the citizen’s protection (the functions’ identification → the rights’ identification); the constitutional analysis (the separation’s checking).
3.2 Administrative Power: Nature, Scope and Legitimacy
The nature: the execution’s function (the policy’s implementation; the casework’s decisions; the enforcement’s acts) — the residual category (the neither-legislative-nor-judicial). The scope: the licensing; the services’ delivery; the appointments; the contracts; the direction-and-supervision; the emergency powers. The legitimacy: the statute’s delegation (the power’s parent); the discretion’s grant (the choice within the limits — U6’s control); the accountability’s chain (the minister-to-parliament; the court’s review).
3.3 Delegated Legislation
The administration’s law-making: the rules-regulations-and-by-laws under the statute’s authority — the parent-act’s child. The reasons (the exam’s list): the parliament’s limits (the time-and-expertise); the technicality (the details’ specialisation); the flexibility (the quick adjustments); the experimentation (the trial-and-error faces). The concerns: the law-making’s transfer (the constitutional questions — U4); the accountability’s dilution. (The full treatment: Unit 4.)
3.4 Administrative Adjudication
The administration’s judging: the disputes decided by the administrative bodies (the tribunals, the departments, the committees) — the judicial function’s administrative exercise. The reasons: the expertise (the technical disputes — the revenue, the labour, the environment); the speed-and-economy; the policy’s coherence (the specialised regimes’ consistency). The dangers:
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