Navigating the Complexity of Administrative Actions: A Taxonomy and Legal Analysis
DOI:
https://doi.org/10.52131/pjhss.2023.1103.0641Keywords:
Judicial Function, Quasi-Judicial Functions, Quasi-Legislative, Administrative Discretionary Functions, Ministerial FunctionsAbstract
In recent years, public functionaries have been heavily burdened by the growth of administrative responsibilities. Due to their responsibilities, they have taken on a variety of actions that the legislature and judiciary were unable to handle. These actions are of various types, such as administrative, quasi-judicial, discretionary, and quasi-legislative, etc. Despite being under the executive branch, these actions differ usually in their scope, methodology, and usage. It is a significant challenge in administrative law to precisely differentiate between these actions, as they may sometimes overlap. Judge C.K. Thakker even pointed out that there is no precise scientific test to differentiate between them. Due to the increase in the duties of government and the pursuit of the welfare state, a strict separation of the basic functions of government into three classes—legislative, executive, and judicial—is not possible, and the lines between the branches have blurred. Yet, from a legal and citizenry perspective, it is imperative to understand these diverse administrative actions. For this purpose, administrative law scholars have developed a taxonomy of administrative actions to classify different types of administrative actions and to identify the legal principles that apply to each type. In spite of the difficulties in distinguishing between various administrative actions, this research paper provides a comprehensive review of the taxonomy of administrative actions that will help in understanding each type of administrative action. This understanding is crucial for the accountability and transparency of the administrative process and for its judicial review.
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Copyright (c) 2023 Hafiz Muhammad Azeem, Mubashar Tariq, Muhammad Zahid Rafique
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.