@LL.M. SAMIR RAHEEM
Al-Nahrain university \ College of Law
Al-Nahrain University
جامعة النهرين
College of Law
كلية الحقوق
Administrative Law
Level: Undergraduate, Grade 2
Module leader: LL.M. Samir Raheem
Department: The Faculty of Law
@LL.M. SAMIR RAHEEM
Al-Nahrain university \ College of Law
Chapter One:
1- Give a definition of Administrative law:
It is the body of law that governs the activities of administrative
agencies of government.
Government agency action can include rule-making, adjudication, or the
enforcement of a specific regulatory agenda. Administrative law is
considered a branch of public law.
2- Give examples of Administrative Law areas?
a. Administrative law deals with the decision-making of administrative
units of government (for example, tribunals, boards or commissions)
that are part of a national regulatory service.
b. International trade, manufacturing, the environment, taxation,
broadcasting, immigration and transport.
c. Administrative law expanded greatly during the twentieth century, as
legislative bodies worldwide created more government agencies to
regulate the social, economic and political spheres of human
interaction.
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@LL.M. SAMIR RAHEEM
Al-Nahrain university \ College of Law
Chapter Two:
3- What are the sources of Administrative Law?
a. Constitution:
The Constitution is the creator of various several administrative bodies
and agencies. It gives a brief details about the mechanism and the
administrative powers granted to various authorities.
b. Acts and Legislations:
Acts and Legislations passed by legislature are important sources of
administrative law because they elaborately detail the powers, functions
and modes of control of several administrative bodies.
c. Ordinances, Notifications, Circulars:
Ordinances are issued by the President and Governor and are valid for
a particular period of time. These ordinances give additional powers to
administrators in order to meet urgent needs. Administrative directions,
notifications and circulars provide additional powers by a higher
authority to a lower authority.
d. Judicial decisions:
Judicial decisions or judge-made law have been responsible for laying
down several new principles related to administrative actions. They
increased the accountability of administrative actions and acted (for
example) as an anchor between the notifications, circulars. to be linked
and complied directly or indirectly with the constitutional or statutory
provisions.
e. Other sources of Administrative law are customs, regulations,
agreements and contracts, and administrative decisions.
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@LL.M. SAMIR RAHEEM
Al-Nahrain university \ College of Law
Chapter Three:
4- Define the principle of the legality?
Principle of the legality of the authority, which means that there is no
acting against the law and no acting without a law.
5- What does centralisation mean?
It refers to the process of the concentration of a government's power –
both geographically and politically – into a centralised government.
Particularly those powers regarding planning and decision-making.
6- Talk about Decentralisation:
Decentralisation is the process of redistributing or dispersing functions,
powers, people or things away from a central location or authority.
7- Explain juristic personality:
juridical personality, or juristic personality is the characteristic of a non-
living entity regarded by law to have the status of personhood.
A juridical person has a legal name and has certain rights, protections,
privileges, responsibilities, and liabilities in law, similar to those of a
natural person.
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@LL.M. SAMIR RAHEEM
Al-Nahrain university \ College of Law
Chapter Four:
8- Explain the functions of Administrative Law:
Administrative law as a procedural or adjectival law is there to perform
the following functions;
a. Enables the task of government to be conveniently performed.
b. Governs the relationship between the various administrative
agencies.
c. Examines the limit of all the administrative powers.
d. Examines the legislative and judicial control on administrative bodies.
9- What are the features of Administrative law?
a. Public interest.
The public interest is the purpose of every administrative action. And
consequently, it is the aim of the Administrative law.
b. Efficacy and efficiency.
Many Administrative law institutions are strictly linked to these principles.
Efficacy means that every public body has to act accordingly to the
assigned goals. Efficiency means that targets must be met maximising
benefits and minimising costs.
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@LL.M. SAMIR RAHEEM
Al-Nahrain university \ College of Law
c. Administrative law can be regarded a ‘proactive’ law:
Its rules endorse public intervention on society and economy. Three
types of public interest activities characterise Administrative action:
limiting, promotion and public services provision.
10- What is the concept of juridical personality?
The concept of a juridical person is a fundamental legal fiction. It is
pertinent to the philosophy of law, as it is essential to laws affecting a
corporation for instance:
a. Juridical personality allows one or more natural persons to act as a
single entity for legal purposes.
b. In many jurisdictions, Juridical personality allows that entity to be
considered under law separately from its individual members (for
example in a company limited by shares and its shareholders).
c. They may sue and be sued, enter contracts, incur debt, and own
property.
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