Question

Compare and contrast an administrative agency’s role in law making and law enforcement with the judicial systems role in law making and law enforcement. a minimum of two pages

write a paper comparing those two roles in law making

Answer 1

Administrative law governs the activities of various administrative agencies of government. Administrative law deals with the decision making of government administrative units such as tribunals, boards, commissions international trade, manufacturing, environment, taxation , broadcasting , immigration, transport etc. The term judicial has different meaning and scope in different jurisdictions Judicial review refers to the power of a court to review the actions of public sector bodies in terms of their lawfulness. The court can review an administrative regulation for consistency with a statute.

The judiciary has the power to supervise the activities of governmental bodies on the basis of rules and principles of public law that defines the ground of judicial review. The duty and jurisdiction of the court to review administrative action do not go beyond the declaration and enforcing of the law which determines the limit and governs the exercise of the repository's power. In doing so the court has no jurisdiction simply to cure administrative injustice or error. The fundamental principle of judicial review is that all power has its limits. If their works go beyond the defined limit it can be controlled and rectified by the judiciary.

Judicial review does not prevent wrong decisions, but it prevents them from being made unjustly. It is the duty of the judiciary to interfere if there is illegality in the process by which it was made. Administrative and judicial systems are not identical. The basis of the power of the court to supervise administrative decisions is either common law or statute or both. But the assertion that judicial review is the inherent power of the regulator courts may not always stand valid as there are jurisdictions that do not allow judicial review of administrative decisions by regular courts at all.