CSS Public Administration Administrative Law, Skills and the Civil Service Syllabus

Administrative Law, Skills and the Civil Service syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Administrative Law, Skills and the Civil Service in CSS Public Administration, not a summary of it.

1. 1

   Administrative Law

   3 topics

   • Nature and Scope of Administrative Law
   • Instruments of Administrative Law
   • Administrative Law in Pakistan
2. 2

   Public Management Skills

   3 topics

   • Decision-Making and Problem Solving
   • People and Communication Skills
   • Managing Conflict, Change and Stress
3. 3

   The Civil Service of Pakistan

   3 topics

   • Evolution and Structure
   • Civil Service Reforms
   • Contemporary Issues

Administrative Law, Skills and the Civil Service flashcards for CSS Public Administration

25 of 50 cards from the Administrative Law, Skills and the Civil Service deck — real questions with worked answers.

1. Define Administrative Law.

   Administrative Law is the branch of public law that governs the organization, powers, duties, functions, and procedures of administrative agencies, the control of their discretion, and the remedies available against their actions. It regulates the relationship between the administration and the citizens.

2. What is the scope of Administrative Law?

   It covers the powers and structure of administrative authorities, the limits of those powers, the rules/procedures they follow (rule-making, adjudication), and the legal remedies (judicial review, tribunals, ombudsman) available to persons affected by administrative action.

3. How did A.V. Dicey view Administrative Law, and why was his view criticized?

   Dicey rejected the existence of Administrative Law in England, viewing the French droit administratif as contrary to the Rule of Law because it gave officials special protection and separate tribunals. His view was later discredited as he confused Administrative Law with administrative arbitrariness.

4. Distinguish Administrative Law from Constitutional Law.

   Constitutional Law deals with the structure and general principles of government and the distribution of powers among organs of the state (legislature, executive, judiciary). Administrative Law deals with the detailed working of the executive/administration in operation. Administrative Law is a sub-branch of Constitutional Law; the constitution is the structure at rest, administration is the structure in motion.

5. Name the three main reasons for the growth of Administrative Law.

   (1) The shift from a laissez-faire (police) state to a welfare/social-service state; (2) inadequacy of the ordinary courts and legislature to handle complex, technical, and voluminous functions; (3) the need for flexible, speedy, and expert decision-making through delegated legislation and administrative adjudication.

6. What is the 'red light' versus 'green light' theory of Administrative Law?

   The 'red light' theory sees Administrative Law primarily as a check/control on the state to protect individual liberty (courts as a control mechanism). The 'green light' theory sees it as a facilitator of good administration and beneficial governmental action, favouring internal controls over heavy judicial review.

7. What is droit administratif and the Conseil d'État?

   Droit administratif is the French system of Administrative Law, a separate body of rules distinct from private law, administered by special administrative courts. The Conseil d'État is the highest administrative court in France that adjudicates disputes between citizens and the administration.

8. What are the three primary instruments (functions) of administrative agencies?

   (1) Delegated/subordinate legislation (rule-making), (2) Administrative adjudication (deciding disputes/quasi-judicial decisions), and (3) Administrative/ministerial action (purely executive functions, licensing, etc.).

9. Define delegated (subordinate) legislation.

   Delegated legislation is law-making by an executive or administrative authority under powers conferred by the legislature through a parent/enabling Act. It includes rules, regulations, by-laws, orders, and notifications made within the limits set by the statute.

10. List the main forms of delegated legislation.

    Rules, regulations, by-laws, orders, schemes, directions, notifications, and ordinances (where applicable). They derive validity from the parent statute that authorizes them.

11. What are the controls over delegated legislation?

    (1) Parliamentary/legislative control (laying procedures, scrutiny committees); (2) Judicial control (review on grounds of substantive and procedural ultra vires); and (3) Procedural control (publication, prior consultation, prior publicity).

12. What is the doctrine of ultra vires in delegated legislation?

    It means 'beyond the powers.' Delegated legislation is invalid if it exceeds the authority conferred by the parent Act (substantive ultra vires) or fails to follow the procedure prescribed by the parent Act (procedural ultra vires).

13. What is administrative adjudication and what bodies perform it?

    Administrative adjudication is the determination of disputes and questions involving rights of citizens by administrative authorities exercising quasi-judicial functions, typically through administrative tribunals rather than ordinary courts. Examples include service tribunals, tax tribunals, and labour courts.

14. Distinguish administrative, quasi-judicial, and judicial functions.

    A judicial function decides disputes applying fixed law with a duty to act judicially. A quasi-judicial function decides matters affecting rights with some judicial trappings but also involves policy/discretion. A purely administrative function involves no lis (dispute) and is based mainly on policy and discretion.

15. What are the two principal rules of natural justice?

    (1) Nemo judex in causa sua – no one shall be a judge in his own cause (rule against bias); and (2) Audi alteram partem – hear the other side (the right to a fair hearing). A third commonly added is the duty to give reasons (a reasoned/speaking order).

16. What does 'audi alteram partem' require of an administrative authority?

    It requires that no person be condemned unheard: the affected party must receive notice of the case against them, be given a fair opportunity to present their case and rebut adverse evidence, and have the matter decided by an impartial authority.

17. What is judicial review of administrative action?

    Judicial review is the power of superior courts to examine the legality (not merits) of administrative action and to invalidate it if it suffers from illegality, irrationality, procedural impropriety, or violation of fundamental rights or natural justice.

18. Name the prerogative/constitutional writs used to control administrative action.

    Habeas Corpus (against unlawful detention), Mandamus (to compel performance of a public duty), Prohibition (to stop a tribunal exceeding jurisdiction), Certiorari (to quash an illegal decision), and Quo Warranto (to question authority to hold an office).

19. Under which Article of the Constitution of Pakistan 1973 do High Courts exercise writ jurisdiction?

    Article 199 of the Constitution of Pakistan 1973 confers writ jurisdiction on the High Courts to issue directions/orders against public authorities. The Supreme Court exercises comparable original jurisdiction under Article 184(3) for enforcement of fundamental rights of public importance.

20. What is the constitutional basis of administrative (service) tribunals in Pakistan?

    Article 212 of the Constitution of Pakistan 1973 authorizes the establishment of Administrative Courts and Tribunals (such as Service Tribunals) to exclusively deal with matters relating to terms and conditions of service of civil servants, ousting the ordinary jurisdiction of other courts in such matters.

21. What is the role of the Federal Service Tribunal in Pakistan?

    The Federal Service Tribunal, established under the Service Tribunals Act 1973, adjudicates appeals by federal civil servants against final orders relating to the terms and conditions of their service (e.g., promotion, dismissal, seniority). Appeals from it lie to the Supreme Court.

22. What is the Ombudsman (Wafaqi Mohtasib) in Pakistan and when was the office created?

    The Wafaqi Mohtasib (Federal Ombudsman) is an institution created in 1983 to investigate and redress citizens' complaints of maladministration by federal agencies. It provides a cheap, speedy, informal remedy against administrative injustice without resort to courts.

23. What is 'maladministration' as addressed by the Ombudsman?

    Maladministration includes decisions/processes that are contrary to law, unreasonable, unjust, biased, oppressive, discriminatory, based on irrelevant grounds, or that involve neglect, delay, incompetence, inefficiency, or corruption in the administration.

24. What is the doctrine of legitimate expectation in Administrative Law?

    It holds that where a public authority by its representation or consistent past practice induces a reasonable expectation of a benefit or a fair procedure, it cannot deny that expectation without a fair hearing or an overriding public interest, even if the person has no strict legal right.

25. Define administrative discretion and its main danger.

    Administrative discretion is the power of an authority to choose among lawful alternatives based on its own judgment. Its main danger is arbitrariness/abuse; it must therefore be exercised reasonably, in good faith, for proper purposes, on relevant considerations, and within the limits of the law.

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