The Political Environment and Administrative Law: A Threat or a Violation?
1. The political environment threaten and violate the legal principles of administrative law
It is widely believed by many scholars and legislators that administrative law must not be influenced by politics and the state. However, this view has been increasingly challenged in recent years, with some commentators arguing that the political environment has a significant impact on the way in which administrative law is applied and interpreted. This paper will assess the extent to which the political environment threaten and violate the basic legal commands of administrative law.
2. The political interference with the judiciary
One way in which the political environment can have a negative impact on administrative law is through political interference with the judiciary. This can take a number of forms, including appointing politically-affiliated judges, deregistering judges who are critical of the government, and making judicial appointments based on political considerations rather than merit.
Appointing politically-affiliated judges can lead to a lack of impartiality and fairness in the administering of justice, as these judges may be more likely to rule in favour of the government or its allies. This can have a serious impact on individuals who are seeking to challenge governmental actions through the courts, as they may find that their cases are less likely to be successful.
Deregistering judges who are critical of the government can also have a detrimental effect on the independence of the judiciary. This is because it sends a message to other judges that they must toe the line or risk being removed from their post. This can have a chilling effect on judicial decision-making, as judges may be less likely to rule against the government for fear of losing their job.
Making judicial appointments based on political considerations rather than merit can also undermine the independence and impartiality of the judiciary. This is because it means that unqualified or unsuitable individuals may be appointed to judicial posts, while those who are best suited for the job may be passed over. This can lead to decisions being made based on political allegiance rather than justice, which can have a major impact on individuals who are seeking redress through the courts.
3. The deregulation of public services and the effects on administrative law
Another way in which politics can influence administrative law is through deregulation. Deregulation is often undertaken in order to reduce costs or increase efficiency in public services, but it can also have a number of negative consequences. One of these is that it can lead to a reduction in safety standards, as there may be less regulation of activities that could pose a risk to public safety. For example, deregulation of air traffic control led to a number of fatal accidents before stricter regulations were introduced. Another consequence of deregulation is that it can lead to an increase in corruption, as there may be fewer checks and balances in place to prevent abuse of power. For instance, deregulation of banking led to increased levels of financial fraud and corruption before stricter regulations were introduced.
4. The public procurement and the political environment
Public procurement is another area where politics can have a significant impact on administrative law. This is because public procurement processes are often used by governments to award contracts to their allies or supporters, rather than those who offer the best value for money. This can lead to artificially inflated prices being paid for goods and services, as well as a reduced level of quality or service due to firms cutting corners in order to maximise profit margins. It can also result in cronyism and corruption, as those with political connections are more likely to be awarded contracts.
5. The political environment and environmental protection
The political environment can also have a significant impact on environmental protection. This is because environmental regulation is often seen as being in conflict with economic development, and governments may be reluctant to introduce or enforce strict environmental regulations for fear of harming economic growth. This can lead to a situation where environmental protection is given less priority than economic development, which can have a major impact on the environment. For instance, the government may be reluctant to invest in renewable energy sources or to introduce stricter emissions standards for fear of damaging the economy. This can result in environmental damage such as climate change and air pollution, which can have a major impact on public health and the environment.
6. The political environment and taxation
The political environment can also have an impact on taxation. This is because tax policy is often used as a tool by governments to reward their supporters or to punish their opponents. For instance, governments may lower taxes for businesses that support them, or they may raise taxes on individuals or businesses that they oppose. This can lead to a situation where those who are most able to pay taxes are not necessarily the ones who do so, which can have a negative impact on public finances. It can also result in unfairness and inequality, as those who are better off may end up paying less tax than those who are less well-off.
7. The political environment and privatization
The political environment can also affect privatization. This is because privatization is often seen as being in conflict with the role of the state in providing public goods and services. For instance, the government may privatize a utility or service in order to reduce costs, but this can often lead to an increase in prices and a reduction in quality of service. It can also result in job losses and a decline in wages, as private companies are often less regulated than public ones.
The political environment has a significant impact on administrative law. This is because it can influence the judiciary, the regulation of public services, and the awarding of contracts through public procurement. It can also affect environmental protection and taxation. Privatization is another area where the political environment can have an impact. The consequences of these effects can be serious, and they highlights the need for administrative law to be independent from politics and the state.