Intro
Intro
Intro
ADMINISTRATIVE
LAW
SESSION ONE
HISTORICAL BACKGROUND
There is no a unified form of administrative law, but the aspect existed long before the
20th century.
Even in the 19th century administrative law was developed in the US and today it is in
many phases of equal or greater importance (Edward L. Metzler, the growth of
administrative law,19 Marq. L. Rev. 209(1935).
From the 20th century on ward the ambit and scope of administrative law was widened
as legislative bodies created more government agencies to regulate the social,
economic and political sphere of human interaction.
Thus, the role of state has undergone a dramatic changes. It was transformed from
entirely dealing with sovereign functions (policing state) to be engaged with much
widen multinational tasks of controlling economy, education, health issues, production,
social welfare and so forth. (change of social and industrial life – Marq).
CONT…
In England, in the late Victoria era (1837 – 1901), A.V Dicey was asked on the
status of Administrative law in England and retorted that “in England we know
nothing of administrative law; and we wish to know nothing”.
Dicey response shows his believe that administrative law (as he conceived it to
be on the continent) should have no place in the British constitution.
To the contrary, today it is generally acknowledged that administrative law not
only exists but it has existed for centuries, but that it has grown enormously in
scope and significance.
CONT…
Administrative law is a new branch of law that deals with the powers
of the administrative authorities, the manner in which powers are
exercised and the remedies which are available to the aggrieved
person when those powers are abused by the administrative
authorities.
THAKKERR
It has a control function. To check in respect of the unlawful exercise or abuse of
administrative powers.
It can have a command function. By making administrative authority performs
their duties properly both statutory and discretionary.
It embodied positive principles to facilitate sound administrative practice. For
example to ensure that the rule of natural justice or fairness are adhered to.
It operate to ensure accountability and transparency toward authorities, including
participation by interested individual or parties in the process of government.
It may provide a remedy for grievance occasioned at the hand of public authority.
This may be achieved through judicial review or tribunal proceedings.
OBJECTIVE OF STUDING ADMINISTRATIVE LAW