How can administrative law help control abuses of power by bureaucracies?

Administrative law serves as a vital mechanism for controlling bureaucratic abuses of power by ensuring that public administration remains efficient, economical, and just. It employs several key strategies to hold administrative bodies accountable:1

• Judicial Review: This is considered the heart of administrative law. Courts or tribunals may scrutinize administrative acts to determine if an authority acted within its legal competence and power. They examine the fairness of procedures, the evidence considered, and the motives behind decisions. If an authority exceeds its legal scope or acts unfairly, the court may invalidate the decision.2
• Procedural Requirements: Administrative law mandates orderly procedures, which help fix responsibility on specific officers and protect citizens from arbitrary actions. These rules often require agencies to provide notice, allow for public participation (such as in rule-making), and ensure the right to a hearing or legal representation.34
• Standards of Conduct: By prescribing uniform standards for rule-making and adjudication, administrative law promotes regularity and consistency. In many systems, principles of natural justice—such as the requirement that a person cannot be a judge in their own cause and the right to defend oneself against allegations—are fundamental to preventing abuse.34
• Institutional Oversight: Beyond the courts, administrative law frameworks often include specialized bodies, such as the French Conseil d’État, which provide independent oversight to protect citizens against maladministration.5

While administrative law does not typically allow courts to dictate policy or substitute their own judgment for that of an expert authority, it provides essential legal boundaries that prevent the executive branch from operating without accountability.26