United Law Company
 

Administrative Laws

We undertake the full range of administrative, public and constitutional law. We represent a huge range of clients, acting both for applicants and respondents.

Administrative law also known as regulatory law is created and enforced by some type of administrative government body. From whom the law derives its power to set and enforce regulations depends on whether the agency is executive.

An Administrative Government body may act through rulemaking, adjudication, or by enforcing a specific regulatory agenda. Administrative law is technically considered a branch of public law.

Administrative action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. As a body of law, administrative law deals with the decision-making of administrative units of government (e.g., tribunals, boards or commissions) that are part of a national regulatory scheme in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport etc.

While larger governmental units generally control administrative decision-making bodies, their decisions could be reviewed by a court of general jurisdiction under certain principles of judicial review based on due process or fundamental justice. Administrative law also may apply to the review of decisions in so- called quasi-public bodies, such as disciplinary boards, non-profit corporations and other bodies that affect the legal rights of members in a particular group or entity.

Judicial review may be limited to certain questions of fairness, or whether the action is ultra vires. The scope of judicial review may be limited to certain questions of fairness, or whether the Administrative action is ultra vires. In ultra vires situations, a reviewing court may set aside an administrative decision if it is patently unreasonable or arbitrary and capricious. Legitimate expectation and proportionality are also recognized two more grounds for the judicial review of an administrative action. The powers to review administrative decisions usually are established by statute, but originally were created from prerogative writs of law. Pakistan, India and certain other Common Law jurisdictions have the constitutional power to pass such writs. Such power is seen as fundamental to the power of judicial review and a major aspect of independent judiciary.

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). In terms of ultra vires actions in the broad sense, a reviewing court may set aside an administrative decision if it is patently unreasonable (under Canadian law), Wednesbury unreasonable (under British law), or arbitrary and capricious (under U.S. Administrative Procedure Act and New York State law).

Judicial review of administrative decision, it must be noted, is different from an appeal. When sitting in review of a decision, the Court will only look at the method in which the decision was arrived at, whereas in appeal the correctness of the decision itself will be under question. This difference is vital in appreciating administrative law in common law countries.

Practice Spotlight:

Remedies through Writ Petitions

Habeas Corpus

Administrative Appeals

Interpretations of Statutes

Rulemaking and Challenges to Proposed Administrative Rules

Procurement issues, including Protests of Contract Awards

Area of Practices

22 bills introduced in NA
As many as 22 bills were introduced to National Assembly on a private...
Body for amendments to Nizam-e-Adal Regulation
The NWFP and federal governments’ joint committee...
Cabinet approves draft Anti-Dumping Duties (Amendment) Ordinance, 2008: Anti-Dumping Appellate Tribunal Proposed
The Federal Cabinet of Pakistan has approved the draft Anti-Dumping Duties
FBR considers decentralizing Sales Tax Registration
The Federal Board of Revenue (FBR) may delegate powers to regional collectors
SNGPL challenges ECC raw material price escalation formula in the Lahore High Court
The Federal Cabinet of Pakistan has approved the draft Anti-Dumping Duties
Pakistan seeking from US consular access for Dr Afia
Pakistan is seeking from United States consular access and medical
Heroism of Pakistani Lawyers and Judges to be Honoured by the American Bar Association
The bravery of Pakistani lawyers who faced down baton-wielding police over
Foreign investors to invest USD $25 billion in Punjab Province, particularly Lahore, in the next 3 years
Foreign Investment According to the Department for Trade and Investment, Government of the Punjab
Supreme Court issues notices to Geo and Jang
The Supreme Court has directed the print and electronic media neither to publish
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