Administrative Law in England and the United States: Origin and Development
Administrative law is an important part of public law. It deals with the powers, duties, and functions of government authorities. It also controls their actions to ensure they follow the law, use fair procedures, and do not misuse their powers.
England and the United States developed administrative law in different ways. England built its system mainly on the rule of law and court decisions. The USA developed it through its written constitution, the separation of powers, and laws that control administrative agencies.
Origin and Development of Administrative Law in England
Early Development of Administrative Law in England
The roots of administrative law in England lie in the growth of the English legal system and the principle of the rule of law. Traditionally, everyone—including government officials—was subject to the ordinary law of the land. The growth of parliamentary democracy and the power of ordinary courts helped control arbitrary actions by public authorities.
Principle of Rule of Law
A.V. Dicey explained the Rule of Law clearly in his book Introduction to the Study of the Law of the Constitution (1885). According to Dicey:
- No person can be punished except for breaking a law proved in an ordinary court.
- Every person, whatever their position, is subject to the ordinary law.
- The rights of individuals are protected by ordinary courts.
Dicey criticised the French system of separate administrative courts. However, as government work expanded, England gradually accepted the need for special administrative powers and tribunals.
Growth of Administrative Functions
During the Industrial Revolution, the government’s role grew rapidly. It began to regulate industries, public health, education, transport, housing, and labour welfare. Many administrative departments and regulatory bodies were created. These bodies needed special powers to make rules, issue orders, and settle disputes. This led to the rapid growth of administrative law.
Growth of Administrative Tribunals
Ordinary courts could not handle every administrative dispute quickly. Therefore, special tribunals were set up for matters such as taxation, employment, and social security.
Important laws that improved control over these tribunals include:
- Tribunals and Enquiries Act, 1958
- Tribunals and Enquiries Act, 1971
- Tribunals, Courts and Enforcement Act, 2007
Judicial Control Over Administrative Authorities
English courts control administrative actions through judicial review. They check whether public authorities have acted within their legal powers and followed fair procedures.
The main grounds of judicial review are the following:
- Illegality – acting beyond legal powers
- Irrationality – taking an unreasonable decision
- Procedural Impropriety – failing to follow proper procedure or natural justice
These principles were clearly stated in the famous Council of Civil Service Unions v. Minister for the Civil Service (1985), known as the GCHQ Case.
Modern Development of Administrative Law in England
Today, administrative law in England helps control government power and protect individual rights. The Human Rights Act, 1998 further strengthened this protection by requiring public authorities to respect rights under the European Convention on Human Rights.
Modern English administrative law rests on the rule of law, parliamentary control, judicial review, natural justice, and protection of individual rights.
Origin and Development of Administrative Law in the United States of America (USA)
Early Development of Administrative Law in the USA
Administrative law in the USA began with the Constitution of 1787. The Constitution introduced the separation of powers among three branches:
- Legislature (Congress) – makes laws
- Executive (president and administrative authorities) – implements laws
- Judiciary (Courts) – interprets laws and protects rights
At first, the federal government’s functions were limited. Later, with the growth of trade, industry, and public welfare, specialised administrative agencies became necessary.
Principle of Separation of Powers and Judicial Control
The American system developed under the Constitution and the principle of checks and balances. Administrative agencies make rules, enforce laws, investigate matters, and decide disputes. However, their powers are limited. Congress creates and controls agencies through laws, the President supervises the executive, and courts exercise judicial review.
In Marbury v. Madison (1803), the Supreme Court established the power of judicial review. This became a key foundation for controlling administrative power.
Growth of Administrative Agencies
In the nineteenth century, the growth of industries and railways created a need for regulation. In 1887, Congress established the Interstate Commerce Commission (ICC) to regulate railways and prevent unfair practices. This was the first major federal regulatory commission and marked an important step in modern administrative law. Later, many other agencies were created to regulate banking, trade, labour, and communication.
Pendleton Civil Service Reform Act, 1883
This Act introduced a merit-based system for selecting government employees through competitive examinations. It also protected certain employees from dismissal for political reasons and helped make the civil service more professional and impartial.
Development During the New Deal Period
The Great Depression that began in 1929 caused severe economic problems. President Franklin D. Roosevelt’s New Deal programme created or expanded many administrative agencies to regulate industries, protect workers, control finance, and provide social security. These agencies received wider powers to make rules, investigate, and decide disputes. This period greatly expanded administrative law in the USA.
Administrative Procedure Act, 1946
Before this Act, different agencies followed different procedures, which sometimes led to confusion and unfair decisions. The Administrative Procedure Act (APA), 1946, created a common legal framework for federal agencies. Its main features include:
- Clear procedures for making rules
- Public notice and opportunity to comment on proposed rules
- Fair procedures for hearings and decisions
- Provision for judicial review of administrative actions
- Safeguards against arbitrary decisions
The APA remains one of the most important foundations of American administrative law.
Judicial Control Over Administrative Authorities
American courts check whether agencies act within the powers given by law and follow required procedures. They can set aside decisions that violate the Constitution, exceed statutory authority, or are arbitrary.
Important cases include:
- SEC v. Chenery Corporation (1947) – agencies must justify decisions on the legal grounds they actually relied upon
- Citizens to Preserve Overton Park v. Volpe (1971) – courts must carefully examine the administrative record
Modern Development of Administrative Law in the USA
Today, administrative law in the USA covers almost every area of public life—environment, health, education, employment, banking, taxation, communication, and consumer protection. Its main purpose is to ensure that agencies work efficiently, transparently, and within constitutional and legal limits.
The American system is based on constitutional supremacy, separation of powers, statutory control, procedural fairness, and judicial review.
Conclusion: Administrative Law in England and the USA
Administrative law in both England and the USA grew because modern governments needed more powers and responsibilities to manage complex societies.
In England, the system developed mainly through the rule of law, parliamentary democracy, common-law traditions, and strong judicial review. In the USA, it developed under a written Constitution, the separation of powers, the creation of specialised agencies, and the Administrative Procedure Act, 1946.
Although the two countries followed different paths, both systems share the same core aims: to control administrative authorities, prevent misuse of power, ensure fairness in decision-making, and protect the rights of individuals.
Thus, administrative law has become an essential part of modern democratic government in both England and the United States. It balances the need for effective administration with the equally important need to keep government power under the law.
