π΅π° CSS Public Administration Β· subject
CSS Public Administration Administrative Law, Skills and the Civil Service Syllabus
The Administrative Law, Skills and the Civil Service syllabus for CSS Public Administration in full: 3 chapters and 9 topics, every one listed below, plus 50 Administrative Law, Skills and the Civil Service flashcards with answers.
Administrative Law, Skills and the Civil Service syllabus: all 3 chapters
Expand any chapter to see its topics and sub-topics.
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Administrative Law
3 topics- Nature and Scope of Administrative Law
- Instruments of Administrative Law
- Administrative Law in Pakistan
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Public Management Skills
3 topics- Decision-Making and Problem Solving
- People and Communication Skills
- Managing Conflict, Change and Stress
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The Civil Service of Pakistan
3 topics- Evolution and Structure
- Civil Service Reforms
- Contemporary Issues
CSS Public Administration Administrative Law, Skills and the Civil Service flashcards β 50 questions with answers
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.
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.
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.
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.
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.
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.
What is droit administratif and the Conseil d'Γtat?
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'Γtat is the highest administrative court in France that adjudicates disputes between citizens and the administration.
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.).
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.
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.
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).
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).
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.
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.
What are the two principal rules of natural justice?
(1) Nemo judex in causa sua β no one shall be a judge in his own cause (rule against bias); and (2) Audi alteram partem β hear the other side (the right to a fair hearing). A third commonly added is the duty to give reasons (a reasoned/speaking order).
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.
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.
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).
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.
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.
Show the other 30 Administrative Law, Skills and the Civil Service flashcards
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.
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.
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.
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.
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.
What is the rational/classical model of decision-making, and list its steps?
The rational model assumes a logical, comprehensive process: (1) identify/define the problem, (2) establish objectives/criteria, (3) generate alternatives, (4) evaluate alternatives against criteria, (5) choose the best alternative, (6) implement the decision, and (7) monitor/evaluate the outcome.
What is Herbert Simon's concept of 'bounded rationality' and 'satisficing'?
Bounded rationality holds that decision-makers cannot be fully rational because of limits on information, time, and cognitive capacity, so they 'satisfice' β i.e., they choose the first satisfactory/'good enough' alternative rather than the optimal one.
Distinguish programmed from non-programmed decisions.
Programmed decisions are routine, repetitive decisions handled by established rules, procedures, or policies. Non-programmed decisions are novel, unstructured, and complex one-off problems that require fresh judgment, analysis, and creativity.
Differentiate decision-making under certainty, risk, and uncertainty.
Certainty: outcomes of each alternative are fully known. Risk: outcomes are not certain but their probabilities can be estimated. Uncertainty: outcomes and/or their probabilities are unknown, so judgment, intuition, and scenario analysis are needed.
What is 'groupthink' in decision-making?
Groupthink (Irving Janis) is a defective mode of group decision-making where the desire for harmony and conformity overrides realistic appraisal of alternatives, leading to suppression of dissent, illusions of unanimity, and poor decisions.
Name common structured problem-solving techniques used by managers.
Brainstorming, the Delphi technique, the Nominal Group Technique (NGT), root-cause/'5 Whys' analysis, SWOT analysis, decision trees, cost-benefit analysis, and PEST/PESTLE analysis.
What is the communication process and its essential elements?
Communication is the transfer and understanding of meaning. Its elements are: sender (source), encoding, message, channel/medium, receiver, decoding, feedback, and the surrounding 'noise' that can distort the message.
Distinguish formal from informal communication, and name the 'grapevine'.
Formal communication follows the official chain/structure of the organization (downward, upward, horizontal). Informal communication occurs outside official channels; the 'grapevine' is the informal network through which rumours and unofficial information spread.
What are common barriers to effective communication?
Physical/environmental noise, semantic/language barriers, perceptual and psychological barriers, filtering, information overload, emotions, status/hierarchical differences, cultural differences, and poor listening.
What is 'active listening'?
Active listening is fully concentrating on, understanding, and responding to a speaker β paying attention, withholding judgment, paraphrasing/reflecting, asking clarifying questions, and providing feedback β to ensure the message is accurately received.
What are the key interpersonal/'people' skills required of a civil servant?
Communication, active listening, empathy, teamwork and collaboration, negotiation, leadership and motivation, emotional intelligence, conflict management, and the ability to build trust and rapport with colleagues and the public.
What is emotional intelligence (EI) and its main components (Goleman)?
Emotional intelligence is the ability to recognize, understand, and manage one's own and others' emotions. Daniel Goleman's five components are: self-awareness, self-regulation, motivation, empathy, and social skills.
Define organizational conflict and list its common sources.
Conflict is a process in which one party perceives that another has, or is about to, negatively affect its interests. Common sources include scarce resources, incompatible goals, role ambiguity/overlap, communication breakdown, value/personality differences, and interdependence.
Name the five conflict-handling styles in the Thomas-Kilmann model.
Competing (assertive/uncooperative), Accommodating (unassertive/cooperative), Avoiding (unassertive/uncooperative), Collaborating (assertive/cooperative β win-win), and Compromising (intermediate on both).
Distinguish distributive from integrative negotiation.
Distributive (positional) negotiation is win-lose bargaining over a fixed pie where one party's gain is the other's loss. Integrative (principled/interest-based) negotiation seeks win-win solutions by expanding the pie and reconciling underlying interests.
What are the stages of Kurt Lewin's three-step model of change?
(1) Unfreezing β preparing/creating motivation to change by breaking the existing equilibrium; (2) Changing (moving) β implementing the new ways/behaviours; and (3) Refreezing β stabilizing and institutionalizing the change to make it permanent.
What is Lewin's Force-Field Analysis?
Force-Field Analysis views any situation as a balance between driving forces (pushing for change) and restraining forces (resisting change). Change occurs by strengthening driving forces, weakening restraining forces, or both, to shift the equilibrium.
What are the eight steps of Kotter's model of leading change?
(1) Create urgency, (2) Build a guiding coalition, (3) Form a strategic vision, (4) Communicate the vision, (5) Empower/remove obstacles, (6) Generate short-term wins, (7) Consolidate gains/sustain acceleration, and (8) Anchor the changes in the culture.
What are the main reasons employees resist organizational change?
Fear of the unknown, fear of loss (job, status, power, income), habit/inertia, lack of trust in management, poor communication, threat to established relationships, and lack of perceived benefit or involvement in the change.
What is the difference between eustress and distress?
Eustress is positive, motivating stress that enhances performance and well-being. Distress is negative, harmful stress that overwhelms coping capacity and damages performance and health. (Concept developed by Hans Selye.)
What is Hans Selye's General Adaptation Syndrome (GAS)?
GAS describes the body's response to stress in three stages: (1) Alarm reaction (fight-or-flight), (2) Resistance (the body adapts/copes), and (3) Exhaustion (prolonged stress depletes resources, leading to burnout/illness).
Trace the evolution of the Civil Service in the Subcontinent up to independence.
It evolved from the East India Company's covenanted servants into the Indian Civil Service (ICS) β the 'steel frame' of the Raj β formalized after the 1858 Crown takeover and the Macaulay-inspired competitive examination (1853/1855). After 1947 Pakistan inherited it as the Civil Service of Pakistan (CSP).
What were the All-Pakistan Services and key occupational groups before the 1973 reforms?
The elite All-Pakistan Services were the Civil Service of Pakistan (CSP) and the Police Service of Pakistan (PSP), supported by central superior services like the Foreign Service, Income Tax, Customs, Audit and Accounts, and Railways β organized in rigid classes/grades with the CSP at the apex.
What were the major features of the 1973 Administrative (Bhutto) Reforms?
(1) Abolition of service-cadre labels/classes and the elite CSP; (2) introduction of a unified grading structure of 22 National Pay Scales (BPS/Grades 1β22); (3) creation of the All-Pakistan Unified Grades and lateral entry into the service; and (4) establishment of common training and the principle of equality of opportunity.
What recent civil-service reform reorganized the federal training and recruitment landscape, and name two key contemporary reform bodies/initiatives?
Reforms have included merit-based recruitment through the FPSC, performance-based promotions, and capacity-building via the Civil Services Academy/National School of Public Policy. Contemporary issues addressed include politicization, e-governance/digitalization, lack of specialization, weak accountability, and the recommendations of bodies like the Dr. Ishrat Husain Task Force on Civil Service Reform (2019).
CSS Public Administration Administrative Law, Skills and the Civil Service FAQ
What is in the CSS Public Administration Administrative Law, Skills and the Civil Service syllabus?
CSS Public Administration Administrative Law, Skills and the Civil Service is split into 3 chapters: Administrative Law, Public Management Skills and The Civil Service of Pakistan. Together they contain 9 topics.
How many chapters are in CSS Public Administration Administrative Law, Skills and the Civil Service?
3 chapters, containing 9 topics. The largest chapter is Administrative Law, with 3 topics.
Are there flashcards for CSS Public Administration Administrative Law, Skills and the Civil Service?
Yes β a 50-card Administrative Law, Skills and the Civil Service deck, printed in full in the flashcards section of this page and available in the Examius app with spaced repetition. The free plan covers one exam of your choice, including its flashcards; Examius Pro, a one-time purchase, unlocks every other exam and deck.