In this article Tissy Annie Thomas of Vivekananda Institute of Professional Studies, GGSIPU discusses the various facets of Administrative Law. Professor of Public Administration, University of London, 1947–62. If the administrative legislation is arbitrary, unreasonable and discriminatory. Tribunals are constituted for speedier adjudication of disputes and settlement of complaints. LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. n. the procedures created by administrative agencies (governmental bodies of the city, county, state or Federal government) involving rules, regulations, applications, licenses, permits, available information, hearings, appeals and decision-making. The actions of … The law relating to public health, education, housing, and other public services could logically be regarded as part of the corpus of administrative law; but because of its sheer bulk it is usually considered ancillary. However, with the increase in administrative actions/powers, it is seen that the doctrine cannot be practised with rigidity. This is a newly evolved principle which aims at curbing arbitrariness on part of the adjudicating authority. Federal Agencies are semi-independent, executive bodies that are created through statute for subject-matter specific purposes. Constitutional recognition-Art. In this, the rules and regulations made come into effect as soon as they are laid before the Parliament. Secondly, administrative law cannot fully be defined without due regard to the functional approach. Administrative law, the legal framework within which public administration is carried out. Administrative law is that branch of public law that normalizes the administrative functions of the State (that is, the interaction between public entities and citizens) in the field of public administration. Administrative law is often the result of the creation of an agency to deal with problems that require … National Green Tribunal- constituted under National Green Tribunal Act, 2010. One of the principal objects of administrative law is to ensure efficient, economical, and just administration. ... > Any material or evidence adduced by one party cannot be utilized against the other party unless the opportunity to explain , criticize, or rebut the evidence is given to the other party .
30. Today the state is “ the protector, provider, entrepreneur, regulator and arbiter†. This is important because a significant amount of decision-making power is delegated to the executive by Parliament. Thereafter, the nature of administrative tribunals is assessed. It is a new branch of law which has evolved with time and shall continue to evolve as per the changing needs of the society. This is to mean that the function (purpose) of administrative law should be the underlying element of any definition. They are all trying to provide the major social services, especially education and public health, at as high a standard as possible. 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Functions of Administrative Law: The primary function of administrative law is to keep governmental powers within the limits of law and to protect private rights and individual interests. But in this century, the philosophy as to the role and function of the state has undergone a … Judicial review of administrative action. Claim Tribunal- constituted under the Motor Vehicle Act, 1939. Distinctions between public administration and private action, The need for legal safeguards over public administration, Bureaucracy and the role of administrative law, https://www.britannica.com/topic/administrative-law, The Canadian Encyclopedia - Administrative Law, Cornell Law School - Legal Information Institute - Administrative Law, administrative law - Student Encyclopedia (Ages 11 and up). The Act is essential as it keeps the citizenry informed and holds the Government and its agencies accountable to the governed. … It determines the organisation and power structure of administrative and quasi-judicial authorities to enforce the law. Failing to act i.e. The rigid legislating procedures need not be followed again and again. Explain how it is relevant to business. Adjudicatory authority was hence devolved upon the administration to resolve the issue. There is a widespread belief that wise and well-directed government action can abolish poverty, prevent severe unemployment, raise the standard of living of the nation, and bring about rapid social development. The history of the same can be traced back to the Mauryas and Guptas who have a well-organized and centralized administration. It does not, however, mean that there was no administrative law before this century. Types of administrative law practice. Administrative law deals with a variety of practices that encompasses different areas of legal regulations and procedures, and it is not so easily clarified. Since both of these aspects are governed by the constitution, we shall survey the provisions of the constitution, which act as sources of limitations … 3. An administrative law attorney might also represent a private client in an action to challenge the constitutionality of a regulation or the legislative authority for a rule or regulation. An administrative … It also provides for the constitution of tribunals and their composition. What is administrative law? What do we study under Administrative Law? Difference between Administrative law and Constitutional law. Scope of Administrative Law. Certain functions have been allotted to these organs in the Administrative Machinery. After pre-publication is done and once all the concerned bodies, persons and authorities have been consulted the rules are to be published in the official gazette so that the public is aware of the existence of the rules. Administrative law is the law governing the Executive, to regulate its functioning and protect the common citizenry from any abuse of power exercised by the Executive or any of its instrumentalities. While Constitution touches all branches of law and deals with general principles relating to organisation and powers of the various organs of the State; administrative law deals only with the powers and functions of the administrative authorities. In the U.S., Congress passes laws to carry out the directives of the Constitution. Administrative Law may therefore be treated as a branch of constitutional law since it flows directly from the constitution principles of the rule of law and the sovereignty of parliament and it does much to determine the separation of powers between the state and citizens. However, it is not an absolute substitute of the judiciary. The system of law as pointed out above is prevalent in France and some other continental countries. It determines the organisation, powers and duties of administrative authorities. Administrative law ensures that government actions are authorized by Parliament or by provincial legislatures, and that laws are implemented and administered in a fair and reasonable manner. In other words, while Constitution is the genus, administrative law is a species. In 1958, Tribunals and Inquiries Act was passed for better control and supervision of Administrative Decisions. Administrative law has been defined as the law relating to administration. Our editors will review what you’ve submitted and determine whether to revise the article. When Congress passes a law on a complicated issue, Congress often needs help determining all of the details of how the law will be enforced and implemented. The duties vary considerably within each agency and among specific duties within an agency. Be on the lookout for your Britannica newsletter to get trusted stories delivered right to your inbox. In this connection only the broadest generalities can be attempted. While Congress creates authority, the President enforces that authority, and courts confine or discipline the exercise of that authority, it is agencies that govern. It is primarily concerned with official actions and procedures and puts in place a control mechanism by which administrative agencies stay within bounds. The basic law of the land i.e. The 2 main sources of administrative law 1- Formal sources . The ultimate purpose of … Procedural control of delegated legislation. Some of these government agency actions include making rules, arbitration, or the enforcement of a specific regulatory plan. Administrative law in India attempts to regulate administrative actions by controlling delegated legislation and subjecting administrative discretionary actions to judicial review. Rule against bias: That no person should be a judge in one’s own case and that justice should not only be done but seen to be done. However, the decisions taken by exercising these discretionary powers must be reasonable. Introduction: Rule of law is classical principle of administrative law. Administrative Law is that body of rules which govern the relations between administrative authorities and private individuals. In the initial stage of parliamentary control, it is made sure that the law provides the extent of delegated power. There are several branches of the science of law. Administrative Tribunal- constituted under the Administrative Tribunal Act, 1985. The essence of Administrative Law is to advocate for or uphold natural justice most especially for public servants or … The formal sources of administrative law are the legal framework that establishes the principles of creation, edition or subtraction of legal regulations. The organization of a national legislature, the structure of the courts, the characteristics of a cabinet, and the role of the head of state are generally regarded as matters of constitutional law, whereas the substantive and procedural provisions relating to central and local governments and judicial review of administration are reckoned matters of administrative law. Hence, the numerous statutory discretionary powers given to the executives and administrative authorities and control exercised over them were all disregarded to be able to form a separate branch of law by the legal thinkers. When a party requests an administrative hearing, a notice of hearing will be sent to interested parties. When the functions of Legislature is entrusted to organs other than the legislature by the legislature itself, the legislation made up by such organ is called Delegated Legislation. The relationship between the administrative law and constitutional law is not very watertight, sometimes administrative law invades into the territory of constitutional law, so it is very important for jurists, scholars and law students to develop a proper understanding between the relationships between these two. If the administrative legislation is vague. When administrative authorities further delegate the power delegated to them it is called sub-delegation. Judicial Control of Administrative action. Administrative Law is more concerned with: Wrongful acts such as errors of law and fact, using power for wrong purposes, irrelevant and relevant considerations in decision making as well as issues to do with acting in bad faith. Constitutional law is the law that establishes the state and its institutions; administrative law is the law that these institutions use to run the country. Administrative law involves the administration and regulation of federal and state government agencies. Administrative law, on the other hand, deals only with the administration. Info: 2125 words (9 pages) Law Essay Published: 28th Jun 2019 in Administrative Law. The Administrative law is an important weapon for bringing about harmony between power and justice. Administrative law is not about challenges to decisions made by a judge in the Magistrates Court or Supreme Court in a criminal or a civil case. It deals with the relationship of individuals with the government. Administrative law is based on the principle that government actions must (strictly speaking) be legal, and that citizens who are affected by unlawful government acts must have effective remedies. Reasonableness is the ‘Rule of Law’s’ response to the challenge of discretion. Since administration involves the exercise of power by the executive arm of government, administrative law is of constitutional and political, as well as juridical, importance. While Congress creates authority, the President enforces that authority, and courts confine or discipline the exercise of that authority, it is agencies that govern. A Business Encyclopedia. The Act was a result of the massive public protest against corruption under the leadership of Anna Hazare. the constitution governs the administrators. Tribunals are not, however, a substitute for Courts. In the political science there are few Administrative organs. The Act provides for the right to information of citizens to gain access to information under the control of public authorities. There are diverse definitions and notions of administrative law, but there remain some key aspects that are a common point between all the interpretations. Administrative law developed to restrict the arbitrary exercise of powers by subordinating it to well-defined law. 4. Administrative law essentially deals with location of power and the limitations thereupon. As the administrative authorities are given the discretionary powers to legislate delegated legislation; administrative law puts in place a control mechanism which keeps a check on the power so exercised by the authorities through-. The administrative laws … There are significant differences between Administrative law and Constitutional law. With each addition to the functions of the state, additional powers have been acquired by the administrative organs concerned, which may be central ministries, local, provincial, or regional governments, or special agencies created for a particular purpose. Both constitutional law and administrative law are parts of the public law which shows that … The principle, King can do no wrong, was abolished and the scope of Administrative law expanded by virtue of the Crown Proceeding Act in 1947 which allowed initiating civil proceedings against the Crown as against any private person. Federal agency procedures are governed by the Administrative Procedure Act, and many states have adopted similar procedural formats either … Administrative law examines whether the power so delegated to the administrative authorities is permissible within the constitutional definition or not. They may be called commissions, departments, divisions or boards.. Each may have its own rules and regulations which are usually not found in statutes. The decision making process is more important than the decision itself. Simply speaking the administrative authorities should first follow the Constitution and then work as per the administrative law. A Constitution is the supreme law of the land. Much of government and its public programs operate largely through various agencies on different levels: federal, state, county, and city. Judicial control of delegated legislation. Administrative law is the study of governance. Provide an example of each that is important to business. Share this: Facebook Twitter Reddit LinkedIn WhatsApp The rule of law is a legal maxim according to which no one is immune to the law. Administrative law is a branch of public law. If the administrative legislation encroaches upon the rights of private citizens derived from the common law, in the absence of an express authority in the Parent Act. The judiciary looks into the following aspects to determine the legal validity of the rules so made using the power so delegated-, Judicial review deals with three aspects-. In the field of law, the most significant and outstanding development of the 20th century is the rapid growth of administrative law. The rule of Dharma was in action. But to judge whether administrative law helps or hinders effective administration or works in such a way as to deny justice to the individual involves an examination of the ends that public administration is supposed to serve, as well as the means that it employs. Competition Appellate Tribunal- constituted under the Competition Act, 2002. Administrative law is a judge-made law which evolved over time. Please select which sections you would like to print: While every effort has been made to follow citation style rules, there may be some discrepancies. Rau, D.D. Constitutional law is the genus and administrative law its species, hence the judge-made law must comply with the constitutional provisions. Administrative Law covers a wide and varied area of practice, encompassing many different types of governmental legal procedures and regulations, and is not easily defined. It is a check on the administrative bodies by the Legislature. It derives from the need to create and develop a system of public administration under law, a concept that may be compared with the much older notion of justice under law. A lawyer that practices administrative law might never see a courtroom. There has to be a flexible approach while ensuring that no organ encroaches upon the functions of another. Distinguish it from Constitutional Law. The government is expected not only to maintain order but also to achieve progress. Every organ of the State is dependent on the other for smooth functioning, thus, the doctrine of separation of power cannot be exercised by placing the organs of the State in watertight compartments. Courts, in a matter challenging administrative actions, hence look, if there was a failure in the exercise of the power of discretion, if there was an abuse of discretionary power, if there was any illegality and/or procedural impropriety. ADMINISTRATIVE LAW INTRODUCTION “Administrative law has been characterized as the most outstanding legal development of the 20th century in India.” Discuss. Administrative Theory. Administrative law is composed of the various rules and regulations promulgated by administrative agencies. Let us know if you have suggestions to improve this article (requires login). This is to mean that the function (purpose) of administrative law should be the underlying element of any definition. It derives from the need to create and develop a system of public administration under law, a concept that may be compared with the much older notion of justice under law. Administrative law tends to deal with technical and specialized areas, which are considered to be complicated or procedurally cumbersome for the legislature to deal with on a continuing basis. Furthermore, there are so many cases already lined up that speedy disposal of suites is not possible. Reference this Tags: Australian Law. After independence, India adopted to become a welfare state, which henceforth increased the state activities. There are a wide variety of tasks that administrative lawyers perform. Administrative law has greatly demarcated the checks, balance and permissible area of an exercise of power, authority and jurisdiction over administrative actions enforced by any State, Government … Law; Marketing; Business Jargons. The irony further is that the rule of law is now an important part of modern Administrative Law. They are all pursuing the goals of modernization, urbanization, and industrialization. The aim of administrative law is not to take away the discretionary powers of the Executive but to bring them in consonance with the ‘Rule of law’. 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