| Administrative law |
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| General principles |
| Grounds for judicial review |
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Administrative law in common law jurisdictions |
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Administrative law in civil law jurisdictions |
| Related topics |
Administrative law in Singapore is a branch of public law that is concerned with the control of governmental powers as exercised through its various administrative agencies. Administrative law requires administrators – ministers, civil servants and public authorities – to act fairly, reasonably and in accordance with the law. Singapore administrative law is largely based on English administrative law, which the nation inherited at independence in 1965.
Claims for judicial review of administrative action may generally be brought under three well-established broad headings: illegality, irrationality, and procedural impropriety.
Illegality is divided into two categories: those that, if proved, mean that the public authority was not empowered to take action or make the decision it did; and those that relate to whether the authority exercised its discretion properly. Grounds within the first category are simple ultra vires and errors as to precedent facts; while errors of law on the face of the record, making decisions on the basis of insufficient evidence or errors of material facts, taking into account irrelevant considerations or failing to take into account relevant ones, making decisions for improper purposes, fettering of discretion, and failing to fulfil substantive legitimate expectations are grounds within the second category.
Irrationality has been equated with Wednesbury unreasonableness, which is named after the UK case Associated Provincial Picture Houses v. Wednesbury Corporation (1947). According to Council of Civil Service Unions v. Minister for the Civil Service (1983), a public authority's decision may be quashed if it is "so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it".
A public authority commits a procedural impropriety when it fails to comply with procedures that are set out in the legislation that empowers it to act, or to observe basic rules of natural justice or otherwise to act in a procedurally fair manner towards a person who will be affected by its decision. The twin elements of natural justice are the rule against bias (nemo iudex in causa sua – "no man a judge in his own cause"), and the requirement of a fair hearing (audi alteram partem – "hear the other side").