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In the United States, exhaustion of remedies is applied extensively in administrative law. Many cases are handled first by independent agencies of the United States government which have primary responsibility for cases involving the statutes or regulations which the agency administers.
The Administrative Procedure Law (APL), also known as the Administrative Litigation Law (ALL), allows parties to bring suit when their lawful rights and interests are infringed by a specific administrative act of an administrative organ or its personnel. [4] It has provided an avenue for citizens challenging administrative actions since 1989.
The remedies available in Singapore administrative law are the prerogative orders – the mandatory order (formerly known as mandamus), prohibiting order (prohibition), quashing order (), and order for review of detention (habeas corpus) – and the declaration, a form of equitable remedy.
Procedural impropriety in Singapore administrative law is one of the three broad categories of judicial review, the other two being illegality and irrationality.A public authority commits procedural impropriety if it fails to properly observe either statutory procedural requirements, or common law rules of natural justice and fairness.
Section 551 of the Administrative Procedure Act gives the following definitions: . Rulemaking is "an agency process for formulating, amending, or repealing a rule." A rule in turn is "the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy."
However, the Court also said: "Where there is a compelling reason which indicates the absence of such a public element in what is nonetheless a statutory power or duty, there would be no good reason to subject the exercise of such a power or duty, which may already be governed by private law obligations and remedies, to public law remedies in ...
Administrative law is a division of law governing the activities of executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regulations"), adjudication, and the enforcement of laws.
United Kingdom administrative law is part of UK constitutional law that is designed through judicial review to hold executive power and public bodies accountable under the law. A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest", [ 1 ] within three months of the grounds of the cause of ...