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MOUNTCREST UNIVERSITY COLLEGE

FACULTY OF LAWS
ADMINISTRATIVE LAW I
MFL 353
AIMS AND OBJECTIVES
The aim of this course is to reflect the wider dimensions of
administrative law, stressing the linkages between administrative
institutions of state and their relationship inter se and with citizens.
The course will discuss the theories and doctrines relevant to
Administrative Law but the major focus will be to evaluate institutions
and processes used to implement government policy through law, and
to redress grievances against public bodies and to explore the case
law.
At the end of the course, students should be able to:

Appreciate the operations of the administrative machinery and


the limits and legal consequences of the exercise of
administrative powers in Ghana
Demonstrate skills of analysis and problem solving relating to
Administrative Law
Conduct independent research on given areas of Administrative
Law

Hence the course assessment will be made up of:


Group research and presentations on various aspects of
administrative law
A sit-in mid semester exam which would be communicated at
least two weeks before the exam
A final exam at the end of the semester

READING LIST
Books:
1. Cane, Peter, Introduction to Administrative Law (3rd ed., Oxford
University Press, 1966) or latest edition
2. Craig, P. Administrative Law (London: Sweet and Maxwell, 2003)
5th ed or latest edition
3. Wade, W. and C. Forsyth Administrative Law (Oxford: Oxford
University Press, 2004) 9th ed or latest edition
4. Leyland, P & Woods, T Textbook on Administrative Law
(Blackstone Press, 1997) 2nd ed or latest edition
5. Jones BL & Thompson K, Garners Administrative Law (OUP,
1996) 8th ed or latest edition
6. Lord Woolf, De Smiths Judicial Review (Sweet & Maxwell, 2009)
6th ed
7. Allen, M. B. Thompson Cases and Materials on Constitutional
and Administrative Law (Oxford University Press, 2002) 7th ed
Selected articles/ chapters in books
1. S.O. Gyandoh Jnr. Discretionary powers in the second Republic
(1971) 8 UGLJ 98
2. K.B. Mensah, Legal control of discretionary powers in Ghana:
Lessons from English Administrative Law Theory Africa Focus
Vol. 14 1998 119; http://www.gap.ugent.be/africafocus/pdf/98-142-Mensah.pdf
3. W. Dicky & F. Tsikata, A look at Administrative Law in Ghana
(1972) 9 UGLJ 135
4. E.V.O. Dankwa & C. Flinterman Judicial Review in Ghana (1977)
14 UGLJ 1
5. R.B. Turkson, Prerogative writs: an appraisal (1983-86) 15 RGL
87
6. R.B. Turkson, The Relevance of Classification of Functions in
Certiorari Proceedings (1978-81) 15 UGLJ 175
7. E.D. Kom, Certiorari and Non-Jurisdictional Error (1980) 12 RGL
87

8. S.K. Asibuo, Role of the Commission on Human Rights and


Administrative Justice in Promoting Public Service Accountability
(2002) African Administrative Studies No. 58;
http://unpan1.un.org/intradoc/groups/public/documents/cafrad/...
pdf

COURSE OUTLINE
1. INTRODUCTION TO ADMINISTRATIVE LAW:
What is administrative law?
Sources of Administrative Law
The Nature and Scope of Administrative Law
Theories of Administrative Law
Constitutional and Administrative Law
Administrative Law and Human Rights
Administrative Law and Governance
Administrative Law and Democracy
Administrative Law in Ghana
2. THE EXECUTIVE:
Administrative Authorities
Administrative Commissions
Regulatory and Public Authorities
Local Authorities (Local Government)
Structure of Public Power on the local government
level
Limits of government power
Procedures for the exercise of power
Distribution of power between central and local
government
Influence of the central government
Local government boundaries
3. LAW MAKING POWERS OF THE ADMINISTRATION
The administration and the making of an Act of Parliament
The administration and the making of subsidiary legislation

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