Q1. Define administrative law. Describe the importance of administrative law in a Welfare State.
Or
Is it correct to say that administrative law aims to controlling the function of the administration?
Answer
Definition
Administrative law is a branch of public law, which deals with a structure, power and function of the organs of the administration, the limits of their powers and the methods by which their powers are controlled, including the legal remedies, available against them.
The emphasis should be on the exercise of powers as well as on its control. In simple words. Professor Janing defines administrative law as the law relating to administration. It determines the organisation, powers and duties of the administrative authorities.
In English and American administrative law, the organisation of administrative authorities is not treated as the subject of discussion, whereas in France, Italy and other continental countries the discussion on organising of administrative authorities is regarded as one of the essentials of this subject of administrative law. HLA Hart does not include the discussion on the organisation of administrative authorities in the definition of administrative law, he defines broadly conceived.
Administrative law includes law that is made as well as the law that controls the administrative authorities of the government. Various attempts have been made to define administrative law, its natural scope and content, but none is completely satisfactory in the sense that some definitions are too broad, whereas some are too narrow. Diecy
Diecy has defined administrative law as it is that portion of the nation's legal system, which determines the legal status and liabilities of all state officials and secondly, defines the rights and liabilities of private individuals in their dealings with public officials and thirdly specifies the procedures by which those rights and liberties are enforced. This definition is narrow and restrictive in so far as it does not take into consideration, mainly in many aspects of administrative law, such as public corporations, etc.
His definition is mainly concerned with one aspect of the administrative law, namely judicial control of public officials. In England, he says that the system of administrative law and the very principle on which it rests our in truth, unknown. The view of dicey's erroneous definition does not take into consideration.
In English and American administrative law, the organisation of administrative authorities is not treated as the subject of discussion, whereas in France, Italy and other continental countries the discussion on organising of administrative authorities is regarded as one of the essentials of this subject of administrative law. HLA Hart does not include the discussion on the organisation of administrative authorities in the definition of administrative law, he defines broadly conceived.
Administrative law includes law that is made as well as the law that controls the administrative authorities of the government. Various attempts have been made to define administrative law, its natural scope and content, but none is completely satisfactory in the sense that some definitions are too broad, whereas some are too narrow. Diecy
Diecy has defined administrative law as it is that portion of the nation's legal system, which determines the legal status and liabilities of all state officials and secondly, defines the rights and liabilities of private individuals in their dealings with public officials and thirdly specifies the procedures by which those rights and liberties are enforced. This definition is narrow and restrictive in so far as it does not take into consideration, mainly in many aspects of administrative law, such as public corporations, etc.
His definition is mainly concerned with one aspect of the administrative law, namely judicial control of public officials. In England, he says that the system of administrative law and the very principle on which it rests our in truth, unknown. The view of dicey's erroneous definition does not take into consideration.
Many administrative authorities procedures of such authorities for their various powers and functions or other controls upon them. For example, parliamentary control. Professor bairde has defined it as the law concerned with the operation and control of the powers of administrative authorities with emphasis on function rather than structure Iver genius definition is broad and reflects a balanced approach when he says administrative law is the law relating to administration, it determines the organisational powers and duties of the administrative authorities.
Made and philips define administrative law as a branch of public law, which is concerned with the composition powers, duties, rights and liabilities of the various organs of the government, which are engaged in administration thus definition given by weight and Phillips, is similar to the definition by iverning KC Davis defence administrative law. As the law concerning the powers and procedures of administrative agencies, including the cine. The law governing judicial review of administrative action.
An administrative agency is a government authority other than a court and other than a legislative body, which affects the rights of private parties through either adjunction education or rule, making thus Prof. Davis has pointed out the 3 large segments of administrative law, which relate to transfer of power from legislative to administrative agencies, exercise of powers. By the agency's and review of administrative action by the court According to Prof.
Davis, it does not include the enormous mass of substantive law produced by the agencies, much of which is beyond their understanding of lawyers as such, it includes judicial review of the executive or administrative action, not involving either education or rule making Prof. Vaid, according to him, since administrative deals with the exercise of governmental powers, it is itself as part of the constitutional law, the essence of administrative lies in the judge by doctrine, which applies right across-the-board and which therefore set legal standard of conduct for public authorities.
Generally, Prof. Hart says broadly conceived administrative law includes law, that is made by judges as well as the law. Controls the administrative authorities of our government.
Davis, it does not include the enormous mass of substantive law produced by the agencies, much of which is beyond their understanding of lawyers as such, it includes judicial review of the executive or administrative action, not involving either education or rule making Prof. Vaid, according to him, since administrative deals with the exercise of governmental powers, it is itself as part of the constitutional law, the essence of administrative lies in the judge by doctrine, which applies right across-the-board and which therefore set legal standard of conduct for public authorities.
Generally, Prof. Hart says broadly conceived administrative law includes law, that is made by judges as well as the law. Controls the administrative authorities of our government.
Both these definitions have ignored certain aspects of the subject which strictly fall within the scope administrative law today. But it is true that administrative law is in modern times is primarily concerned with techniques of control over the exercise of the multiferous multiferous powers of administrative authorities rather than their structure. Professor swaarth scw ART z defines administrative law in the following words.
Administrative law is that the branch of the law, which controls administrative operation of the government, broadly speaking, administrative law, law, administrative law deals with composition and powers of different organs of the administration, the limits of their powers and the procedure, which the administrative authorities shall adopt in excise of their powers and various modes of their control, including particularly judicial control over the different kinds of powers exercised by them. Precisely it deals with the causing legislative and quasis, judicial powers of the administrative authorities along with their executive powers and their control after considering these various definitions, it can be concluded here that administrative law deals with the powers of administration, particularly causing legislative and qualicies, causes judicial powers and their control.
Nowadays in almost every country of the world, the great importance of the study of administrative law is recognised as far as India is concerned, it is of great importance because the objective of the Constitution is to establish a socialist democratic society, according to professor JJR Upadhyay, a developing country, like India, where the roots of democracy are not deep, a strong bureaucracy may have the tendency to ride rough shot over the rights of the people. If exercise properly, the vast powers of administration may lead to the Welfare State, but if abused, they may lead to administrative disposition, this optimism and a total Italian state, the study of administrative law has become inevitable in view of the fact that it is a potent weapon to control government power through judicial process.
Administrative law is that the branch of the law, which controls administrative operation of the government, broadly speaking, administrative law, law, administrative law deals with composition and powers of different organs of the administration, the limits of their powers and the procedure, which the administrative authorities shall adopt in excise of their powers and various modes of their control, including particularly judicial control over the different kinds of powers exercised by them. Precisely it deals with the causing legislative and quasis, judicial powers of the administrative authorities along with their executive powers and their control after considering these various definitions, it can be concluded here that administrative law deals with the powers of administration, particularly causing legislative and qualicies, causes judicial powers and their control.
Nowadays in almost every country of the world, the great importance of the study of administrative law is recognised as far as India is concerned, it is of great importance because the objective of the Constitution is to establish a socialist democratic society, according to professor JJR Upadhyay, a developing country, like India, where the roots of democracy are not deep, a strong bureaucracy may have the tendency to ride rough shot over the rights of the people. If exercise properly, the vast powers of administration may lead to the Welfare State, but if abused, they may lead to administrative disposition, this optimism and a total Italian state, the study of administrative law has become inevitable in view of the fact that it is a potent weapon to control government power through judicial process.