The essay critically examines administrative law and evaluates its relevance in contemporary Uganda.
According to Austin (1970), law is defined as a set of rules established and enforced by a sovereign authority. Similarly, law can be understood as a system of rules implemented through social institutions to regulate public conduct. David and Helena (2010) describe administrative law as a framework comprising constitutional provisions, statutes, executive directives, and other binding regulations that govern public administrative practices. It serves as the regulatory mechanism of public administration, regardless of the specific mandates of government agencies. Additionally, it addresses broad policy objectives such as reducing bureaucratic procedures, protecting small and disadvantaged businesses, promoting environmental justice, and strengthening governance structures. This definition is applicable to Uganda, where administrative law cuts across all public institutions irrespective of their functions, as enshrined in the 1996 Constitution.
David and Helena (2010) further argue that in the United States, administrative law is not well integrated into public administration theory, research, or teaching. It is treated as an independent discipline and often receives limited attention. While administrative law is central to practice, it is not equally emphasized in academic scholarship, where greater focus is placed on managerial techniques, organizational theory, budgeting, and human resource management. In contrast, Latin American and European countries emphasize legal education as a key pathway into civil service. However, this approach has limitations, as effective administrative practices require strong legal oversight. It is therefore problematic to separate administrative law from public administration education, since the latter prepares practitioners who must operate within legal frameworks.
The essay also highlights that in the United States, administrative law is primarily taught in law schools, where emphasis is placed on enforcement mechanisms such as business regulation, access to information, and litigation. This approach overlooks its integration with public administration values and practices. Such separation contradicts classical administrative theories, particularly McGregor’s Theory X and Theory Y, which emphasize that management approaches are based on assumptions about human behavior. These theories advocate for either control-oriented or participatory management styles to enhance efficiency. They also recognize that management involves multiple factors, including systems, processes, and human resources, with human behavior playing a central role. This underscores the importance of integrating administrative law into public administration to ensure effective internal control and governance.
Another issue raised is the tension between contractarianism and utilitarianism within administrative law and public administration. David and Helena (2010) explain that administrative law reflects a contractarian and natural rights perspective rooted in the U.S. Declaration of Independence, whereas public administration tends to emphasize utilitarian principles such as cost-effectiveness and collective benefit. For example, compensating a landowner whose property is acquired for public infrastructure demonstrates utilitarianism. However, this perspective is incomplete without considering the legal frameworks necessary to protect minority rights. Without legal safeguards, human tendencies may override the common good, as highlighted in administrative theories.
The essay also reviews contributions from various scholars on the relationship between administrative law and public administration. Wyman (1903) defined administrative law as regulations outlining administrative authority and responsibility, encompassing both internal relations among agencies and external interactions with citizens. This dual perspective remains relevant and is reflected in Uganda’s administrative systems. Goodnow (1900, 1905) introduced the politics-administration dichotomy, advocating for separating administrative functions from political influence to enhance efficiency. This idea aligns with Max Weber’s bureaucratic theory, which emphasizes clear jurisdictional boundaries in public administration—an approach that can improve governance and productivity in Uganda.
In his later work, Goodnow emphasized administrative law as a mechanism for implementing laws and providing remedies for violations of individual rights. This reinforces the complementary relationship between administrative law and public administration, particularly in promoting fairness and neutrality in governance. Similarly, Hart (1940) viewed administrative law as a tool for controlling administrative authority and actions, thereby enhancing accountability—an important principle for Uganda’s public sector.
Davis (1960, 1975) further integrated administrative law within the broader framework of public administration, emphasizing their interdependence. Meanwhile, Davison and Grundstein, as cited by David and Helena (2010), described administrative law as a system designed to subordinate public administration to political authority. While this may apply in certain contexts, administrative law should ideally function as an impartial framework that governs all branches of government—executive, legislative, and judiciary—ensuring transparency, fairness, and accountability. Shafritz and Russell (1997) support this view by defining administrative law as legislation that applies universally to all citizens and institutions.
Finally, the essay discusses the argument that public administration is inherently political due to its involvement in rulemaking and adjudication. While public administration operates within a political environment, its functions are distinct and guided by established legal and institutional frameworks, as emphasized in Weber’s bureaucratic theory. Although it interacts with political forces, it should not be reduced to a purely political activity but rather understood as a structured system aimed at effective governance.
