Ch1. Introduction to Administrative Law — Core Principles and Sources of Law

What Is Administrative Law?

Administrative Law: the body of public law governing the organization, powers, and conduct of government agencies and their interactions with the public.

Administrative Law = Organization Law
                   + Action Law
                   + Remedial Law

Organization Law:  structure and authority of agencies.
Action Law:        agency actions, orders, rules, plans.
Remedial Law:      judicial review, tort claims,
                   just compensation.

Public Law vs. Private Law:

	Public Law	Private Law
Governs	Government ↔ Individual	Individual ↔ Individual
Principle	Power + Mandatory rules	Private autonomy
Examples	Constitutional, Administrative, Criminal	Contracts, Torts

The Rule of Law in Administration

Supremacy of Law

Agency action must not violate existing law.
Negative obligation — applies to ALL agency conduct.

Principle of Legality (Legal Reservation)

Agency action requires statutory authorization.
Positive obligation — which activities require a
statutory basis?

Theories on scope:
- Interference theory: only rights-limiting action
  requires a statutory basis.
- Full reservation theory: all government action
  requires a statutory basis.
- Essential-matters theory: any action materially
  affecting fundamental rights requires a statutory
  basis (majority view; see APA, constitutional
  non-delegation doctrine).

Core Principles of Administrative Law

Proportionality (Prohibition of Excess)

Means chosen to achieve an administrative objective must not exceed what is necessary.

Three-Step Proportionality Test:
① Suitability: the means must be capable of achieving
  the stated objective.
② Necessity (least-restrictive means): among equally
  effective options, choose the one least burdensome
  to private interests.
③ Proportionality stricto sensu: the burden imposed
  must not outweigh the benefit achieved.

Violation → Unlawful agency action → Vacated or void.

Equal Treatment

Like cases must be treated alike; unlike cases differently. Prohibition on arbitrary discrimination by agencies.

Legitimate Expectations (Estoppel Against Government)

Elements:
① An authorized agency representation or established
  practice.
② Reasonable reliance by the affected party (without
  personal fault).
③ Action taken in reliance on that representation.
④ Agency conduct that contradicts the earlier
  representation.

Effect: Agency may be estopped or liable for
  detrimental reliance damages.

Prohibition on Irrelevant Considerations

Agency must not attach conditions to a decision that have no rational nexus to the subject matter.

Classic violation:
Conditioning a restaurant license on donating land
for a public park → unlawful (no rational connection
between the license and the condition).

Sources of Administrative Law

Written Sources

Constitutional text → Statutes → Regulations
(Presidential / Ministerial) → Local ordinances / rules

Statutes: enacted by Congress / legislature.
Presidential / Cabinet regulations: issued by
  the Executive under statutory delegation.
Agency rules (CFR / Federal Register): issued under
  APA rulemaking authority.
Local ordinances: enacted by local legislative bodies.

Delegated vs. Interpretive Rules:

Delegated (legislative) rules: authorized by statute; create new rights and obligations.
Interpretive / procedural rules: clarify or implement existing law; may not create new substantive obligations.

Unwritten Sources

Custom: repeated practice + sense of legal obligation.
Case law: binding precedent from appellate courts.
General principles: background norms of justice and
  reasonableness (last resort source).

Three-Step Proportionality Test ★★★★★ : Suitability → Necessity (least-restrictive means) → Proportionality stricto sensu. All three must be satisfied. Memory tip: Suitable – Necessary – Balanced (SNB).

Legitimate Expectations ★★★★★ : When an agency makes an authorized representation and a party reasonably relies on it, the agency cannot act contrary to that representation without exposing itself to legal challenge or liability. Memory tip: Representation + Reliance + Detriment = Protected.

Supremacy vs. Legality ★★★★☆ : Supremacy = must not violate existing law (negative). Legality = must have a statutory basis to act (positive). Both are pillars of the rule of law. Memory tip: Supremacy = no violation; Legality = need authorization.

Practice Quiz

Q. Police used water cannons at close range for an extended period to disperse a crowd, seriously injuring several protesters. Which principle was violated?

Proportionality — specifically the necessity (least-restrictive means) and proportionality stricto sensu prongs. Deploying high-pressure water cannons at close range, without first exhausting less harmful measures (verbal warnings, incremental dispersal), constitutes an excessive use of force in violation of the prohibition on excess.

Q. A tax authority assessed taxpayers under a consistent practice for several years, then abruptly switched to a significantly more burdensome method without notice. What legal principle can the taxpayers invoke?

Legitimate expectations (estoppel). The agency’s established, consistent practice constituted an implied representation on which taxpayers reasonably relied. An abrupt disadvantageous change without adequate notice or transition relief may be challenged as a violation of the legitimate expectations doctrine.