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How is administrative law different from private law?
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Administrative law
Cartoon depicting a uniformed Interstate Commerce Commission officer shining a large searchlight on U.S. railroad executive Edward Henry Harriman, who is struggling to carry a large load of packages and toy trains, some labeled “merger.”
Administrative law and private law are distinct because they govern different types of relationships and utilize different legal authorities. While private law regulates the actions, interests, and obligations of private persons, administrative law provides the framework for public administration and the exercise of power by government executive organs.1
Key differences include:
- Authority and Power: Public authorities act to represent the collective will and the common good. Consequently, they are granted powers not conferred on private individuals, such as the ability to infringe upon property rights or restrict freedom of action for public purposes (e.g., quarantine or tax collection).1
- Legal Status: Civil servants often hold a special status rather than serving under standard employment contracts, and obligations like taxes are not treated as ordinary debts governed by private recovery laws.1
- Regulatory Basis: Relations involving the administration are typically regulated by compulsory or permissive powers granted by the legislature, whereas private law focuses on the relationships between private parties.12
In essence, administrative law manages the organization, functions, and external relations of public authorities, whereas private law is concerned with private persons and their property.32