Administrative Law

Dicey's Criticism
on Driot
Administratif
Written by: Firasat Rizwana Siddiqui

Dicey's Criticism on Driot

Administratif
Driot Administratif is an Administrative Law System, which was following
in French Law. Driot Administratif or French Administrative Law were codes
or rules that were statute to determine the powers, roles, duties and
organization of Public administration that includes administrative agencies
and officials. The laws also regulated the relations of general citizens of
the state and the administration of the state.
Driot Administratif was the part of Civil Law System called Inquisitorial
System, (derived from Napoleonic Code), where court or the part of court
is actively involved in investigating the facts of cases. It was widely
believed that it did not represent the principle and rules lay down by the
French parliament but contained the codified rules and laws developed by
the judges of the administrative courts.
Dicey has been one of the biggest critics of Driot Administratif. He wrote,
"Driot Administratif is, in its content, utterly unlike any branch of modern
English Law. For the term Driot Administratif, English Legal phraseology
supplies no proper equivalent In England and in countries which, like
United States, derive their civilization from English sources, the system of
administrative law and the very principles upon which it rests, are in truth
unknown."

Dicey has been a firm believer in the ideology of "Rule of Law", he

strongly maintained that rules and laws should be through "Supreme
Legislature" which is "regulated by understanding of which the object is to
secure the conformity of the parliament to the will of the nation."

he

Administrative Law and Driot Administratif A Comparative Study with " 1

Instructive Model" C. Sumner Lobingier
Introduction to the Study of the Law of the Constitution A.V. Dicey 2

criticized the system of Driot Administratif because there were separate

administrative tribunals for deciding the cases between the government
and the citizens. He maintained that "equality before the law" and "the
equal subjections of all classes to the ordinary law " is the most significant
point in the "rule of law".

He debated on the fact that it is uncommon

and unknown in law of England that there should be separate bodies to

deal with the disputes in which government is concerned and to keep such
matters out of the sight of common law. But Dicey was factually wrong in
his analysis. When he talked about the equality before law, he ignored the
maxim "the kind can do no wrong" through which the privileges and
immunities the crown and other government personal enjoys.
Dicey was initially, like the English people, reluctant to adopt that French
mechanism of Administrative law. The misunderstood the actual nature to
the French administrative system and get the wrong impression about
system that it was designed to protect the officials from the liability of
their acts. He ignored the fact the Driot Administratif is more effective in
many aspects in controlling the administrative businesses of the states
and citizens than the common law system.

Although Dicey reluctantly recognized the emergence of Administrative

Law in England, but he stressed, that "as long as the courts dealt with a
breach of law by an official, there could be no Driot Administratif in
England and the rule of law would be preserved. The Dicey's concept of
"Rule of Law" and its impact on Administrative Law in England has its
advantages and disadvantages, "equality before law" goes hand in hand
with the a proper mechanism of administrative law. Although, one can't
complete eliminate the unrestricted powers or inequality in administrative
law, but rule of law alone can't control or facilitate the needs of modern
Administrative Law. In modern era, there is dissatisfaction now with the
Dicey's theory on Driot Administratif, as a mere court review or judgment
Ibid 3
Principles of Administrative Law , A Comparative Study Hamid Khan 4

can be an effective in controlling the activities of administration

effectively and some codified administrative law is necessary to be
incorporated within the common law system.