Ivor Jennings’ Definition of Administrative Law

Administrative law, as a distinct branch of public law, governs the activities and actions of administrative authorities, establishing the legal framework for their organisation, powers, and duties. Sir Ivor Jennings, an eminent British constitutional lawyer and legal scholar, provided a widely recognised definition of administrative law. According to Jennings, “Administrative law is the law relating to the administration. It determines the organisation, powers, and duties of administrative authorities.” 

While his definition is concise and comprehensive in certain respects, it has sparked debate for its failure to differentiate adequately between administrative and constitutional law and for its exclusion of substantive regulatory areas such as public health, housing, and urban planning. This article critically examines Jennings’ definition, exploring its strengths, limitations, and enduring relevance in contemporary legal discourse.

Jennings’ Definition: A Foundational Understanding

Sir Ivor Jennings was a key figure in British constitutional and administrative law, and his definition of administrative law has played a pivotal role in shaping the study and practice of the field. By defining administrative law as the law that relates to administration, Jennings highlighted the role of law in regulating public authorities and government agencies. His focus on the “organisation, powers, and duties” of administrative authorities underscores administrative law’s central function: to provide a legal structure for how government entities function, ensuring they act within the limits of their lawful authority.

Administrative law, in Jennings’ view, is a vital mechanism for holding administrative authorities accountable. It ensures that public officials perform their duties within a framework of legality, fairness, and transparency. This includes the procedures they must follow in making decisions and the mechanisms through which those decisions can be challenged or reviewed by the courts.

While Jennings’ definition provides a solid starting point for understanding administrative law, it leaves room for critical analysis, particularly in regard to how administrative law intersects with constitutional law and other areas of public regulation.

Administrative Law and Constitutional Law: The Issue of Differentiation

One of the key criticisms of Jennings’ definition is that it fails to adequately distinguish administrative law from constitutional law. Both are branches of public law and share overlapping concerns, particularly in terms of the distribution and exercise of state power. Constitutional law focuses on the fundamental principles governing the structure and function of government, including the separation of powers, the rule of law, and the protection of individual rights. Administrative law, on the other hand, concerns itself more specifically with how government agencies and officials implement and enforce these constitutional principles through their day-to-day operations.

For example, while constitutional law might outline the powers of a government department, administrative law governs how that department exercises its powers in relation to individual citizens. Administrative law is often concerned with the procedural aspects of government action, ensuring that decisions are made according to established legal processes, are rational, and are not arbitrary or unjust. In contrast, constitutional law deals with broader questions of government authority and individual rights, setting the legal limits within which administrative bodies operate.

However, Jennings’ definition blurs this distinction. By simply describing administrative law as the law “relating to the administration,” his definition could be interpreted as encompassing constitutional law as well since the latter also deals with aspects of government organisation and power. Jennings does not explicitly address the procedural focus of administrative law, nor does he emphasise the principles of judicial review, which play a critical role in distinguishing administrative law from constitutional law.

Substantive Law and Administrative Power: A Missing Element

Another critique of Jennings’ definition is that it focuses primarily on the organisational and procedural aspects of administrative law, without adequately accounting for the substantive regulatory areas that fall within the purview of administrative bodies. Administrative law governs not only the procedures by which decisions are made but also the substantive areas in which administrative authorities exercise their power. These include public health, environmental regulation, housing, urban planning, and education, among others.

By omitting reference to these substantive areas, Jennings’ definition appears incomplete. A comprehensive understanding of administrative law must include the various fields of regulation that administrative agencies oversee. For example, laws concerning public health services govern the powers and duties of health authorities in providing care, controlling disease outbreaks, and regulating medical facilities. Similarly, administrative law includes legislation related to housing policies, urban planning, environmental protection, and economic regulation. These areas of law reflect the substantive concerns of modern governance and are critical to the functioning of administrative authorities in contemporary society.

Jennings’ Legacy and the Evolution of Administrative Law

Despite its limitations, Jennings’ definition remains influential in legal scholarship and practice. It highlights the fundamental role that administrative law plays in ensuring that government authorities act within the bounds of legality, and it emphasises the importance of establishing clear rules and procedures for the exercise of administrative power.

Over time, administrative law has evolved to encompass not only the organisation and powers of administrative bodies but also the substantive regulatory frameworks that govern their actions. Judicial review has emerged as a key feature of administrative law, providing a mechanism for courts to oversee the legality of administrative decisions. Courts ensure that administrative actions conform to statutory requirements, adhere to principles of fairness, and respect individual rights. This process of judicial oversight is a hallmark of administrative law and plays a crucial role in maintaining the rule of law in democratic societies.

Additionally, the expansion of regulatory governance has led to the development of specialised administrative bodies in various fields, from environmental protection to telecommunications. These agencies are tasked with enforcing complex regulatory schemes that require both technical expertise and legal oversight. As such, the scope of administrative law has broadened significantly since Jennings’ time, now covering a wide range of substantive areas that were not explicitly addressed in his definition.

Conclusion

Ivor Jennings’ definition of administrative law, while foundational, is not without its shortcomings. His focus on the organisation, powers, and duties of administrative authorities provides a useful framework for understanding the role of administrative law but leaves out key aspects, such as the distinction between constitutional law and the substantive areas of administrative regulation. Despite these limitations, Jennings’ contribution remains significant in laying the groundwork for the study of administrative law. As the field continues to evolve, expanding to include new areas of regulatory governance and judicial oversight, Jennings’ definition serves as an important historical reference point in the ongoing development of this vital branch of public law.