Decoding administrative law

Abstract

This book stands out as a seminal contribution in the realm of administrative law from a Maltese legal perspective, presenting its insights in a conversational tone that makes intricate legal concepts accessible to both students and practitioners. The book commences by introducing readers to the foundational principles of administrative law, shedding light on the constitutional foundations underscored by the significance of the rule of law in governing public administration. With a methodical approach, the book distinguishes between terms such as ‘The Public Service’ and ‘The Public Administration’, clarifying their respective roles and duties within the public sector. Furthermore, it delineates administrative acts from legislative acts of the executive, tortious acts, and contractual failures involving the executive. In discussing administrative acts, the text delineates how errors of fact differ from errors of law. Practical scenarios illustrate errors of law, emphasizing concepts like exceeding authorised powers, ignoring mandatory procedural considerations, non compliance with the principles of natural justice and legitimate expectations, acting for improper purpose, taking account of irrelevant considerations or excluding relevant ones, unreasonable and/or disproportionate behaviour and wrong application of written statuses. Human rights are also approached within the realm of administrative law with the notion of parallel protection, which stems from Chapter 4 of the Constitution and the European Convention Act embodied in Chapter 319 of the Laws of Malta. The book concludes by elucidating methods for challenging executive actions and subsidiary legislation, along with strategies for addressing torts and contractual failures involving the executive.