With the ever growing complexity of administration tasks the administrative
techniques to achieve them also becoming more and more complex. Achievement of
some objectives is possible through persuasion or constant watch and periodical
inspections. Yet some of the objectives can be achieved only through the control of human
behaviour by applicability of set rules and orders. These administrative rules and orders
are described by different names, viz., Administrative Law or rule making, Administrative
Legislation, Delegated Legislation and Quasi Legislation. In its broader sense,
Administrative Law as understood the whole body of law relating to public
administration. According to Barthelemy, Administrative law is the sum total of the
principles according to which the activity of the service (other than judicial) concerned
with the execution of law is exercised. It is one of the two grate branches of the public law,
the other being Constitutional Law. Constitutional law is concerned with the construction
of the machinery of the government, while administrative law studies the parts of which
that machinery is made, their interrelation and the way in which each of them functions.
In a narrower sense, administrative law is the law of official powers and
responsibility, or the law which determines the amount of discretion permitted to
administrative officers and agencies. In the books on the public administration and
administrative law, the subject is usually dealt with in this sense, the topics covered
including the legal basis of administration, administrative discretion and its limits, various
kinds of official responsibility
Definitions of Administrative Law
Ivor Jennings. “ Administrative law is the law relating to the administration. It
determines the organisation , powers and duties of administrative authorities and
indicates to the individual remedies for the violation of rights”.
According to F.G. Goodnow, Administrative law is “that part of the public law
which fixes the organisation and determines the competence of the administrative
authorities and indicates to the individual remedies for the violation of rights”.
W.B. Murno. defines it “ as a system of jurisprudence which on the one hand
relieves public officials from amenability to the ordinary courts for acts performed in their
official capacity and on the other hand sets up a special jurisdiction to hold them
accountable”.
Dicey on administrative law
Dicey – a celebrated English writer- in his famous work, Law of the Constitution,
identified administrative law, with that part of the French ‘Droit Adminidtratif’ according
to which actions by the citizens against officials for wrongful acts committed in their
official capacity, are tried, nor by ordinary courts of law but by special administrative
courts manned by civil servants. Since there existed no such system in England, Dicey
denied the existence of administrative law in that country altogether. According to him,
the basic principles of English Constitution was the rule of law, which he contrasted with
the French Droit Administratif.
Dicey pointed out three distinguishing features of Droit Administratif.
Firstly, according to it, the rights of the states are determined by a special body of
law which are not applicable to the citizens.
Secondly, the ordinary courts have no jurisdiction in cases in which the state or state
officials in their official capacity are a party. Such cases are tried by administrative courts
consisting of officials instead of judges.
Thirdly, as an inference from the arrangements, Dicey thought that a special
protection was given to officials in France for wrongful acts done in the course of their duty.
President Lowell of the Harvard University in his work Government of England took
the same view of administrative law as Dicey and popularized it in USA.
Criticism of Dicey’s view
Criticism of Dicey’s view that the French Droit Administratif gave a special protection to
officials and the state in their dealing with the citizens and their rights and claims, was an
inference from the official composition of administrative courts. The administrative courts
had been born during the French revolution era under the influence of the theory of
separation of powers and the practical needs of the situation. In the courts of their
evolution, these courts acquired an independent status and developed a jurisdiction which
instead of being a menace to the liberty of the citizens, became its bulwark of protection.
Dicey’s statement that under the English ‘rule of law’ the administrative autorities
and the private citizens had equality before law and the former possessed no special
advantage, is also incorrect. The executive has still a number of privileges before the courts.
Dicey’s third argument of rule of law that the constitution instated of being the
source of citizen’s right is their result, is also not quite correct. Only a very small part of the
English constitutional law has grown out of the decisions of courts concerning the rights of
individuals. The bulk of it is found on customs, traditions, and statutory
Sources of Administrative law.
Administrative law comprise large number statutes, charters, rules, regulations and
procedures and also those resolutions, orders, decisions, etc. Administration includes both
the law that controls the administration as well as the law made by the administrative
authorities. The sources of administrative law are:
(1). the constitution of the country
(2). the enactments or status and resolutions of the legislature
(3). Charters granted by the legislature or the executive
(4). Ordinances, rules, regulations, orders or decisions issued by the administrative
authorities
(5). Customs and conventions
(6). Judicial decisions.
Scope of Administrative Law.
In its wider sense, Administrative Law covers the whole of public administration. In
reality, public administration is studied under the name of Administrative Law. A
committee on Public Administration of the Social Research Council stated that the
following outlines of the scope of administrative law:
(a) Problems of public personnel. (b) Problem of financial administration. (c) Legal
conditions of administrative discretion (d) Administrative law and administrative courts.
(e) Administrative regulations (f) Administrative examinations (g) Government contracts
(h) Claims against Government (i) Remedies against administrative action (j) Law relating
to the status and recognition of personal association (k) legal rules as applicable to the
action of plural – headed administrative bodies.
Administrative law is the body of law which concerns the functions of
administration and the relations of the administrative authorities with the individuals as
well as the other authorities of the state. It does not deal with the organisation of these
administrative authorities and their internal problems, which come within the scope of
public administration
The rule of law.
The rule of law is one of the peculiar features of the British constitution. The
conception of the ‘rule of law’ was fully analysed and set forth by A V. Dicey, in his book
“Introduction to the Study of the Law of the Constitution”. Dicey gave to the rule of law,
three distinct interpretations. These are:
1). Rule of law means that “no man is punishable or can be lawfully made to suffer in
body or goods except for a distinct breach of law established in the ordinary legal manner
before the ordinary courts of the land”. It implies that no one in England can be punished
arbitrarily.
2). The Rule of law means equality before law. Dicey observes that “not only with us no
man above the law, but that here every man, whatever be his rank or condition, is subject
to the ordinary law of the realm and amenable to the jurisdiction of the ordinary
tribunals”. It implies that in England, every citizen, rich or poor, high or low is subject to
uniform law and the same courts of law. If any public official commits any wrong or
exceeds the power vested in him by law, he can be sued in any ordinary court and will be
tried in a will be tried in any ordinary court and will be tried in an ordinary manner.
3). Rule of law means that “the general principles of the constitution are .... the result of
judicial decisions determining the rights of private persons in particular cases brought
before the courts”. It implies that in the England, the right of citizen do not flow the
constitution but are based on various judicial decisions.
Rule of law vs. administrative law.
Rule of law prevalent in England has three distinguishing features, namely,
(i) The absolute supremacy of the ordinary law of the land, permitting no arbitrary
power of discretion to administrative authorities. Under it no person was punishable till he
has actually violated the law of the land as proved before the ordinary court of law.
(ii) Equality before law for both the officials and non- officials
(iii) The primacy of rights of the individuals which constitute the source of
constitutional law insisted of the latter being the latter being the source of the former.
So this is all about it.
techniques to achieve them also becoming more and more complex. Achievement of
some objectives is possible through persuasion or constant watch and periodical
inspections. Yet some of the objectives can be achieved only through the control of human
behaviour by applicability of set rules and orders. These administrative rules and orders
are described by different names, viz., Administrative Law or rule making, Administrative
Legislation, Delegated Legislation and Quasi Legislation. In its broader sense,
Administrative Law as understood the whole body of law relating to public
administration. According to Barthelemy, Administrative law is the sum total of the
principles according to which the activity of the service (other than judicial) concerned
with the execution of law is exercised. It is one of the two grate branches of the public law,
the other being Constitutional Law. Constitutional law is concerned with the construction
of the machinery of the government, while administrative law studies the parts of which
that machinery is made, their interrelation and the way in which each of them functions.
In a narrower sense, administrative law is the law of official powers and
responsibility, or the law which determines the amount of discretion permitted to
administrative officers and agencies. In the books on the public administration and
administrative law, the subject is usually dealt with in this sense, the topics covered
including the legal basis of administration, administrative discretion and its limits, various
kinds of official responsibility
Definitions of Administrative Law
Ivor Jennings. “ Administrative law is the law relating to the administration. It
determines the organisation , powers and duties of administrative authorities and
indicates to the individual remedies for the violation of rights”.
According to F.G. Goodnow, Administrative law is “that part of the public law
which fixes the organisation and determines the competence of the administrative
authorities and indicates to the individual remedies for the violation of rights”.
W.B. Murno. defines it “ as a system of jurisprudence which on the one hand
relieves public officials from amenability to the ordinary courts for acts performed in their
official capacity and on the other hand sets up a special jurisdiction to hold them
accountable”.
Dicey on administrative law
Dicey – a celebrated English writer- in his famous work, Law of the Constitution,
identified administrative law, with that part of the French ‘Droit Adminidtratif’ according
to which actions by the citizens against officials for wrongful acts committed in their
official capacity, are tried, nor by ordinary courts of law but by special administrative
courts manned by civil servants. Since there existed no such system in England, Dicey
denied the existence of administrative law in that country altogether. According to him,
the basic principles of English Constitution was the rule of law, which he contrasted with
the French Droit Administratif.
Dicey pointed out three distinguishing features of Droit Administratif.
Firstly, according to it, the rights of the states are determined by a special body of
law which are not applicable to the citizens.
Secondly, the ordinary courts have no jurisdiction in cases in which the state or state
officials in their official capacity are a party. Such cases are tried by administrative courts
consisting of officials instead of judges.
Thirdly, as an inference from the arrangements, Dicey thought that a special
protection was given to officials in France for wrongful acts done in the course of their duty.
President Lowell of the Harvard University in his work Government of England took
the same view of administrative law as Dicey and popularized it in USA.
Criticism of Dicey’s view
Criticism of Dicey’s view that the French Droit Administratif gave a special protection to
officials and the state in their dealing with the citizens and their rights and claims, was an
inference from the official composition of administrative courts. The administrative courts
had been born during the French revolution era under the influence of the theory of
separation of powers and the practical needs of the situation. In the courts of their
evolution, these courts acquired an independent status and developed a jurisdiction which
instead of being a menace to the liberty of the citizens, became its bulwark of protection.
Dicey’s statement that under the English ‘rule of law’ the administrative autorities
and the private citizens had equality before law and the former possessed no special
advantage, is also incorrect. The executive has still a number of privileges before the courts.
Dicey’s third argument of rule of law that the constitution instated of being the
source of citizen’s right is their result, is also not quite correct. Only a very small part of the
English constitutional law has grown out of the decisions of courts concerning the rights of
individuals. The bulk of it is found on customs, traditions, and statutory
Sources of Administrative law.
Administrative law comprise large number statutes, charters, rules, regulations and
procedures and also those resolutions, orders, decisions, etc. Administration includes both
the law that controls the administration as well as the law made by the administrative
authorities. The sources of administrative law are:
(1). the constitution of the country
(2). the enactments or status and resolutions of the legislature
(3). Charters granted by the legislature or the executive
(4). Ordinances, rules, regulations, orders or decisions issued by the administrative
authorities
(5). Customs and conventions
(6). Judicial decisions.
Scope of Administrative Law.
In its wider sense, Administrative Law covers the whole of public administration. In
reality, public administration is studied under the name of Administrative Law. A
committee on Public Administration of the Social Research Council stated that the
following outlines of the scope of administrative law:
(a) Problems of public personnel. (b) Problem of financial administration. (c) Legal
conditions of administrative discretion (d) Administrative law and administrative courts.
(e) Administrative regulations (f) Administrative examinations (g) Government contracts
(h) Claims against Government (i) Remedies against administrative action (j) Law relating
to the status and recognition of personal association (k) legal rules as applicable to the
action of plural – headed administrative bodies.
Administrative law is the body of law which concerns the functions of
administration and the relations of the administrative authorities with the individuals as
well as the other authorities of the state. It does not deal with the organisation of these
administrative authorities and their internal problems, which come within the scope of
public administration
The rule of law.
The rule of law is one of the peculiar features of the British constitution. The
conception of the ‘rule of law’ was fully analysed and set forth by A V. Dicey, in his book
“Introduction to the Study of the Law of the Constitution”. Dicey gave to the rule of law,
three distinct interpretations. These are:
1). Rule of law means that “no man is punishable or can be lawfully made to suffer in
body or goods except for a distinct breach of law established in the ordinary legal manner
before the ordinary courts of the land”. It implies that no one in England can be punished
arbitrarily.
2). The Rule of law means equality before law. Dicey observes that “not only with us no
man above the law, but that here every man, whatever be his rank or condition, is subject
to the ordinary law of the realm and amenable to the jurisdiction of the ordinary
tribunals”. It implies that in England, every citizen, rich or poor, high or low is subject to
uniform law and the same courts of law. If any public official commits any wrong or
exceeds the power vested in him by law, he can be sued in any ordinary court and will be
tried in a will be tried in any ordinary court and will be tried in an ordinary manner.
3). Rule of law means that “the general principles of the constitution are .... the result of
judicial decisions determining the rights of private persons in particular cases brought
before the courts”. It implies that in the England, the right of citizen do not flow the
constitution but are based on various judicial decisions.
Rule of law vs. administrative law.
Rule of law prevalent in England has three distinguishing features, namely,
(i) The absolute supremacy of the ordinary law of the land, permitting no arbitrary
power of discretion to administrative authorities. Under it no person was punishable till he
has actually violated the law of the land as proved before the ordinary court of law.
(ii) Equality before law for both the officials and non- officials
(iii) The primacy of rights of the individuals which constitute the source of
constitutional law insisted of the latter being the latter being the source of the former.
So this is all about it.
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