Functions Theories and Practice of Administrative Law in Contemporary Governance

Abstract

The significant advancements in the social, economic, and political domains of modern society have made governance increasingly complex and challenging. This complexity underscores the necessity for a governance system that allows for the legal delegation of governmental powers and responsibilities to individuals or organizations, referred to as administrative bodies. These bodies are tasked with executing government functions in line with modern societal needs. The extent of these powers and functions is delineated by the Constitution, which sets their boundaries. Administrative agencies, entrusted with executing these government functions, must be established properly and operate strictly within the limits set by their enabling laws. However, the potential for misuse of power by these agencies is a notable concern. This research employs a doctrinal methodology to explore the legal framework governing the internal workings of government agencies, focusing on the development of principles in administrative law. Despite the emergence of various theories in administrative law, such as the red, green, and amber light theories, which present differing viewpoints, courts remain a critical avenue for redressing grievances. They consistently offer remedies to citizens adversely affected by the overreach or misuse of power by administrative agencies.