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Chapter One:Classification of Administrative Functions

CH PTER ONECL SSIFIC TION OF DMINISTR TIVE FUNCTIONS

1.1 CLASSIFICATION OF ADMINISTRATIVE FUNCTIONSThere are three types of bodies in the government which exercise three

separate powers:a) Legislative body or Parliament

b) Executive body or administrativec) Judiciary body

Nowadays, administrative body does not only exercise its traditional function but also legislative and judiciary function. Discussion on these functions aresignificant in order to know the relevant remedy to be granted or awarded to theaggrieved party which normally depends on what is the function exercised by theadministrative.

1.2 ADMINISTRATIVE FUNCTIONS

Administrative function can be classified as follow:1.2.1 Legislative function

This function relates to the administrative action in giving or interpretinggeneral regulation without reference to the specific cases. For instance, in makingdelegated regulation or law, the court will not grant certiorari to invalidate theimplementation of this power.

LEARNING OBJECTIVES

Upon completion of this chapter, you should be able to:Explain the administrative functions

- Distinguish between legislative, executive, judiciary and quasi judicialfunction.

- Discuss the significance of the classification of administrative functions.

Remedy= solution, treatment Aggrieved party= upset, mistreated, peopleLegislative= governmental

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1.2.2 Administrative function It is a power which is other than legislative and judiciary.

Examples of this power are the implementation of law and regulationsand preservation of peace. In order to exercise this type of function,administrator will give certain order or use general regulation based onspecific cases. The administrators action is free from any procedure unless thestatute had provided specific procedure to be followed. Upon exercising thisfunction, the administrator can use his discretionary power and is not required togive reasoned decision.

1.2.3 Ministerial functionUpon exercising this type of function, the administrator should

exercise power within the law, follow the relevant procedure and decide based on collective opinion. Examples of this function are registration of birth and death and taxation. Mandamus will be granted by the court if theadministrator failed to exercise this function.

1.2.4 Judiciary function Normally this function is owned by the court to settle the dispute in the

society and also to interpret the existing law. However, the administratornowadays also can exercise this function, which is known as quasi judicial. Thedecision given by the administrator normally based on discretionary power andalso has to follow the principle of natural justice. Examples of this function arerevocation of licence, misconduct and so on. Generally, any action of theadministrator which can infringe the individuals rightcan be regarded as quasi judicial action.

Can you differentiate one function from another? Maybe theexamples can help you.

Chapter One:Classification of Administrative Functions