Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. It is the pillar upon which the nigerian legal system rests. The decisions of the courts the judicial decisions. However, administrative law is very closely allied to the study of the government. Simply put law is a system of rules that are created and enforced by man through environmental or social governmental institutions to regulate the behavior of individuals in the society. Administrative law is considered a branch of public law. Sources of law is a legal term that refers to the authorities by which law is made.
It is multisegment free access center for intelligence and instruments relating to nigerias legal and policy circuit. Other legal sources are the rules of the administrative courts verwaltungsgerichtsordnung vwgo, the social security code sozialgesetzbuch sgb and the general fiscal law abgabenordnung ao. That is, the means through which a rule forms part of the body of law corpus juris. Administrative law in germany can be divided into general administrative law and special administrative law. In the case of nigeria, we have many sources of our law. Personnel problems in the administration of justice in nigeria. Administrative law is the law relating to the administrative operation of government. In contemporary times, judicial decision has come to be an important source of law. The article is a critique of the domicile of dependence and the countrys position on the principle itself as it is still an area of law in nigeria of great uncertainty and requires judicial activism. The general administration law is basically ruled in the administrative procedures law verwaltungsverfahrensgesetz vwvfg. There are four principal sources of administrative law in india. Customary law received english law islamic law judicial precedent the customary law are those law which nigeria had before the coming of the british colonial masters. Primary and secondary sources pols 200 introduction to law.
Since the year 1955, the personnel problems in the administration of justice in nigeria have become more and more complex. Start studying common law, statutory law, administrative law, constitutional law. This suggests that law must be unique, known and powerful well and above everyone living within the confines of the country. When congress passes a law on a complicated issue, congress often needs help determining all of the details of how the law will be enforced and implemented. Sources of nigerian lawconstitution are of various adaptations and we would attempt having a glance at those sources. It is the responsibility of the courts to interpret and apply laws to specific cases. While the pdp is the party that has governed nigeria since its transition into democracy in 1998, the apc was formed only in 20 through a coalition of four opposition parties. That said, the starting point for many administrative law. Sovereignty is its exclusive and most important element. Understanding the law of namibia legal assistance centre. This being said, the article goes further to provide solution to the problem aforementioned through recommendations. The constitution and legislation are among the primary sources of nigerian law, but they make up a small portion of the numerous sources of nigerian law. English law statutes made before 1st october, 1960 and extending to nigeria which are not yet repealed.
The law commission in its xivth report explicitly mentions the reason why administrative law grew exponentially and its need in the current scenario as follows. Understanding which regulations might apply to your topic or area of law is best left to an examination of relevant secondary sources which will explain which regulations or administrative decisions, if any, are applicable to your issue. The materials used for legal research are generally divided into two broad categories. In developing an infrastructure project, it is important to identify which sources of law apply in the host country and their relative weighting. Apr 14, 2017 this is a body that is in charge of census taking in the country.
For the laws made to govern the actions of government and people to work very well, it must have absolute supremacy or predominance over everybody in the country. Administrative law deals with the decisionmaking of such. There is no universally accepted definition of administrative law, but rationally it may be held to cover the organization, powers, duties, and functions of public authorities of all kinds engaged in administration. The reference to the common law in this context is a reference to the judgemade law that has propelled the development of anglo american jurisprudence. Apr 03, 2016 administrative law is a branch of public law that is concerned with the procedures, rules, and regulations of a number of governmental agencies. Types of law in nigeria and their purpose information. There are a number of different sources that are used to define the creation and force of law, though not all are used equally. When someone mentions the phrase sources of law what should quickly come to your mind is the origin from which a rule derives its validity as rule of law. Powers and functions of administrative agencies are interchangeable meaning administrative powers can be executive, legislative, or judicial in nature. In law, the general practitioner will for many years to come in nigeria be the order of the day. On the other hand, a different administrative lawyer might spend the vast majority of their practice filing legal documents and arguing to judges in a formal setting. In england, where a lawyer chooses early in his career whether he will. A full overview of administrative law in nigeria is provided. The law of nigeria consists of courts, offences, and various types of laws.
The main sources of administrative law in india are as follows. A case law these are law that are reported in valume. Charles mwalimu is senior legal specialist at law library of congress in washington, d. Administration of justice in nigeria 579 dearth of general practitioners, the swing in that direction will undoubtedly start. These were laws that we used when we were colonized by britain. The aim of this post is to clear the air on the primary sources of nigerian law. While congress creates authority, the president enforces that authority, and courts confine or discipline the exercise of that authority, it is agencies that govern. Constitutions define how governments are to be organized, and the power and responsibilities of those governments. Yemisi was formerly law librarian at the adeola odutola law library, university of ibadan, ibadan nigeria and principal librarian at the nigerian law school, lagos campus, nigeria.
The nigerian legal system makes effort to bring all these aspects into consideration too. Ideas about government change and have an influence on law. The term administrative law is a broad term that encompasses many different types of law. These agencies are vested with the responsibility to interpret guidelines consistently in order to avoid arbitrary and capricious results. From one particular angle, to which i shall have cause to refer later, the problems will in about ten years time become more and more acute. Overview administrative law is the study of governance. Constitution of india acts and statutes ordinances, administrative directions, notifications and circulars judicial decisions. Understanding which regulations might apply to your topic or area of law is best left to an examination of relevant secondary sources which will explain which regulations or administrative decisions, if any, are applicable to. In common law countries like india, there is no droit administratiff in the sense of there being a different or separate system, and administrative law is a part of the ordinary law of the land. Generally, the english common law forms part of the foundation on which the nigerian legal system is built. B, mls is law librarian at the college of the bahamas law library, nassau, the bahamas. The constitution of nigeria is the supreme law of the country.
Four sources of law the namibian constitution is the supreme law of namibia. It is the supreme power of the state over all its people and territories. Civil law systems often absorb ideas from the common law and viceversa. Sources of the law legal definition of sources of the law. The four main sources of american law are constitutional law, statutory law, administrative law, and common law. Sources of nigerian law majorly, there are five sources of nigerian law namely. Guide to administrative law law library of congress. This is the most important of the sources of nigerian law.
Administrative law is considered a branch of public law administrative law deals with the decisionmaking of such administrative units of government as tribunals, boards. Administrative law specifically deals with the such administrative agencies decisionmaking capabilities, as they carry out laws passed by state and federal legislatures. This is because it is nigerian legislation that gives life to other sources of law. In civil law systems, the sources of law include the legal codes, such as the civil code or the criminal code, and custom. Nigeria as a popular country has sources of her law. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. The laws applicable in britain were also applicable in nigeria. Each countrys legal system has its own sources of law, with greater weight placed on some sources than others. It is a country with a current population of about 180 million people, and with different laws policies and constitutions to ensure that order is maintained. Administrative law, commonly called regulatory law, includes those rules and regulations promulgated and enforced by an administrative bodyfor example, the department of labor or the federal communications commissionaccording to that bodys area. All other laws must be in line with the constitution to be valid. The change in the scope and character of the government from negative to positive, that is, from the laissezfaire to the public service state has resulted in the concentration of.
Lawnigeria nigerian legal resources, intelligence and. Apr 14, 2020 the materials used for legal research are generally divided into two broad categories. These four kinds of law are explained in more detail in the other factsheets in this series. This is a body that is in charge of census taking in the country. Society in the 20th century has become exceedingly complex and governmental functions have multiplied. Administrative law definition, examples, cases, processes. The government of the state is basically machinery for making and enforcing laws. Religious and customary laws in nigeria emory law emory. A third function of administrative law is that it governs the relations between various administrative agencies. The primary sources of law in the united states are the united states constitution, state constitutions, federal and state statutes, common law, case law, and administrative law. High courts have inherent jurisdiction to supervise the proceedings and decisions of inferior courts or tribunals or those of a person or body of persons charged with the performance of a public duty. Learn vocabulary, terms, and more with flashcards, games, and other study tools. The courts settle the disputes of the people in cases that come before them. Mar 21, 2016 these were laws that we used when we were colonized by britain.
The received english law comprising of the following, the common law, the doctrine of equity, statutes of general application in force in england on january 1, 1900, statutes and subsidiary legislation on specified matters, and. Instead, you can simply define primary sources of law as those sources of law that are binding on the courts. Mar 24, 2020 like cases and codes, administrative law is either state or federal. The state exercises its sovereign power through its laws. A selection from the cases decided in the full courts of the gold coast colony, of the colony of lagos, and of the colony of southern nigeria. By this expression is understood the authority from which the laws derive their force. To define the primary sources of law, i could easily go into a long ramble and bring up some quotes for you to cram. Some examples of sources include legislation, government regulation, court decisions, and custom.
Sources of american administrative law are common law, statutes and implied powers of the administration. The nigerian constitution also shows the basic duties and rights of the countrys leaders and her citizens and it is superior to all its other laws within its geographical scope. It is the pillar upon which the nigerian legal system. This article is written by dhruv bhardwaj, a student of amity law school, delhi. Administrative law, the legal framework within which public administration is carried out. This essay concludes with suggestions for the way forward. A lawyer that practices administrative law might never see a courtroom. Apr 17, 2017 what are the primary sources of nigerian law. Administrative law is the body of law created by the agencies and departments of the government, which carry out the laws passed by congress or a state legislature. Customary and islamic law, received english law, nigerian local legislation including delegated legislation, judicial precedents, law reports and textbooks. Administrative law is the body of law that governs the activities of administrative agencies of government. Her areas of research include law librarianship, legal research methods and information technology and law. What are the written sources of american criminal law.
Administrative agency decisions can be reversed as. In administrative law, the process of adjudication is simply what the administrative law judge does when presented with a case like the one in the introductory example. These form the basis of what is termed the customary law in nigeria. Scotland, for instance, has a hybrid form of law, as does. Nigeria has its own constitution which was established on 29 may 1999. In this article, he will discuss the various sources of administrative law which exist in india. Finally, administrative law exist to ensure that public authorities take their decision in line or accordance with the law and it equally serve as a means of promoting accountability of public authorities. Primary legal sources are the actual law in the form of constitutions, court cases, statutes, and administrative rules and regulations. One major source the nigerian lawconstitution was adopted from was laws from the british government. It also examines the pluralistic nature of nigeria in terms of ethnicity, religion, and law, and argues that the religious law paradigm is problematic for the discussion of laws at the global level generally and within the nigerian legal system in particular. He holds a bachelor of law degree from the university of zambia, a masters degree in law librarianship from the university of washington in seattle, washington, and a masters degree in law from georgetown university law center in washington, d.
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