MOUNTCREST UNIVERSITY COLLEGEFACULTY OF LAWS

ADMINISTRATIVE LAW IMFL 353

AIMS AND OBJECTIVES

The aim of this course is to reflect the wider dimensions of administrative law, stressing the linkages between administrative institutions of state and their relationship inter se and with citizens.  The course will discuss the theories and doctrines relevant to Administrative Law but the major focus will be to evaluate institutions and processes used to implement government policy through law, and to redress grievances against public bodies and to explore the case law.

At the end of the course, students should be able to:

Appreciate the operations of the administrative machinery and the limits and legal consequences of the exercise of administrative powers in Ghana

Demonstrate skills of analysis and problem solving relating to Administrative Law

Conduct independent research on given areas of Administrative Law

Hence the course assessment will be made up of: Group research and presentations on various aspects of administrative law A sit-in mid semester exam which would be communicated at least two

weeks before the exam A final exam at the end of the semester

READING LIST

Books:

1. Cane, Peter, Introduction to Administrative Law (3rd ed., Oxford University Press, 1966) or latest edition

2. Craig, P. Administrative Law (London: Sweet and Maxwell, 2003) 5th ed or latest edition

3. Wade, W. and C. Forsyth Administrative Law (Oxford: Oxford University Press, 2004) 9th ed or latest edition

4. Leyland, P & Woods, T Textbook on Administrative Law (Blackstone Press, 1997) 2nd ed or latest edition

5. Jones BL & Thompson K, Garner’s Administrative Law (OUP, 1996) 8th ed or latest edition

6. Lord Woolf, De Smith’s Judicial Review (Sweet & Maxwell, 2009) 6th ed7. Allen, M. B. Thompson Cases and Materials on Constitutional and

Administrative Law (Oxford University Press, 2002) 7th ed

Selected articles/ chapters in books

1. S.O. Gyandoh Jnr. “ Discretionary powers in the second Republic” (1971) 8 UGLJ 98

2. K.B. Mensah, “Legal control of discretionary powers in Ghana: Lessons from English Administrative Law Theory” Africa Focus Vol. 14 1998 119; http://www.gap.ugent.be/africafocus/pdf/98-14-2-Mensah.pdf

3. W. Dicky & F. Tsikata, “ A look at Administrative Law in Ghana” (1972) 9 UGLJ 135

4. E.V.O. Dankwa & C. Flinterman “ Judicial Review in Ghana” (1977) 14 UGLJ 15. R.B. Turkson, “Prerogative writs: an appraisal” (1983-86) 15 RGL 876. R.B. Turkson, “The Relevance of Classification of Functions in Certiorari

Proceedings” (1978-81) 15 UGLJ 1757. E.D. Kom, “Certiorari and Non-Jurisdictional Error” (1980) 12 RGL 878. S.K. Asibuo, “Role of the Commission on Human Rights and Administrative

Justice in Promoting Public Service Accountability” (2002) African Administrative Studies No. 58;http://unpan1.un.org/intradoc/groups/public/documents/cafrad/...pdf

COURSE OUTLINE

1. INTRODUCTION TO ADMINISTRATIVE LAW: What is administrative law? Sources of Administrative Law The Nature and Scope of Administrative Law Theories of Administrative Law Constitutional and Administrative Law Administrative Law and Human Rights Administrative Law and Governance Administrative Law and Democracy Administrative Law in Ghana

2. THE EXECUTIVE: Administrative Authorities Administrative Commissions Regulatory and Public Authorities Local Authorities (Local Government)

Structure of Public Power on the local government level Limits of government power Procedures for the exercise of power Distribution of power between central and local government Influence of the central government Local government boundaries

3. LAW MAKING POWERS OF THE ADMINISTRATION The administration and the making of an Act of Parliament The administration and the making of subsidiary legislation