PROTECTION OF THE RIGHTS OF CITIZENS FROM ADMINISTRATIVE ABUSE THROUGH ADMINISTRATIVE LAW: A CRITICAL APPRAISAL

Date

2017-04-02

Journal Title

Journal ISSN

Volume Title

Publisher

DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW FACULTY OF LAW NASARAWA STATE UNIVERSITY, KEFFI

Abstract

This work discuses the various means by which the rights of citizens can be protected through administrative law. Administrative law is, however, particularly vulnerable to the permeation of human rights claims, since, like human rights law, it primarily constrains the exercise of public power, often in controversial areas of public policy, with a shared focus on the fairness of procedure and an emphasis on the effectiveness of remedies. The work gives background information into the scope of administrative law and its line of correlation in the protection of the rights of citizens. In this regard, administrative law has been conceived as a branch ofpublic law that governs the relationship of the state and its citizens. Specifically, it regulates the manner of exercising of power by the executive branch of government and administrative agencies so as to ensure its legal limits, by controlling power, it provides protection to the citizens against ultra vires acts, abuse of power and arbitrariness. The work also unravels the meaning of the term “human rights ” and the various categories of human rights that all human beings are entitled to. It considers the various duties the state owes it citizens on the various human right provisions. The work further discusses the meaning and nature of agency of administrative adjudication, the forms of agency adjudication, the merits and demerits of agency adjudication. In light of the above, the work appraises the various remedies available to a citizen against any form of administrative abuse. Which will be basically discussed into three parts and these are: Judicial Review, Natural Justice and Public and Private Law Remedies. The appreciation of each part as a remedy in the protection of Human rights against any administrative abuse of power will be critically appraised here.

Description

Keywords

Citation

BEING THE THESIS SUBMITTED TO THE FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI, SCHOOL OF POST GRADUATE STUDIES IN PARTIAL FULFILMENT OF THE AWARD OF MASTERS DEGREE (LLM)