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  • Administrative Action5

    Diunggah oleh

    Khan Zeenat
    86 tayangan12 halaman
    Administrative law governs the control of governmental power and addresses five key questions: the nature of administrative powers, their limits, how the administration is kept within those limits, administrative procedures, and remedies for individuals against the administration. It has grown due to changing governmental roles, inadequacies in legislation and judicial systems, and the establishment of regulatory agencies. Administrative law covers topics such as the classification of administrative actions, delegated legislation, administrative adjudication, and judicial review of administrative actions. There are two main theories on its nature: the "red light theory" views it as a control on power, while the "green light theory" sees it as examining how governmental powers can be made more effective.

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    Administrative Action5

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    Administrative law governs the control of governmental power and addresses five key questions: the nature of administrative powers, their limits, how the administration is kept within those limits, administrative procedures, and remedies for individuals against the administration. It has grown due to changing governmental roles, inadequacies in legislation and judicial systems, and the establishment of regulatory agencies. Administrative law covers topics such as the classification of administrative actions, delegated legislation, administrative adjudication, and judicial review of administrative actions. There are two main theories on its nature: the "red light theory" views it as a control on power, while the "green light theory" sees it as examining how governmental powers can be made more effective.

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    © All Rights Reserved
    Unduh sebagai PDF, TXT atau baca online dari Scribd
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    86 tayangan12 halaman

    Administrative Action5

    Diunggah oleh

    Khan Zeenat
    Administrative law governs the control of governmental power and addresses five key questions: the nature of administrative powers, their limits, how the administration is kept within those limits, administrative procedures, and remedies for individuals against the administration. It has grown due to changing governmental roles, inadequacies in legislation and judicial systems, and the establishment of regulatory agencies. Administrative law covers topics such as the classification of administrative actions, delegated legislation, administrative adjudication, and judicial review of administrative actions. There are two main theories on its nature: the "red light theory" views it as a control on power, while the "green light theory" sees it as examining how governmental powers can be made more effective.

    Hak Cipta:

    © All Rights Reserved
    Unduh sebagai PDF, TXT atau baca online dari Scribd
    Tandai sebagai konten tidak pantas
    dari 12

    Administrative Law

    An Overview
    What is Administrative Law?
    • It is a branch of Public Law.
    • The law relating to the control of governmental power.
    • It is our generation’s answer to legislative and judicial inadequacies
    • A study of the pathology of power in a developing society.
    • It is concerned with the following five questions:
    1. What sort of powers does the administration exercise at present?
    2. What are the limits of those powers?
    3. What are the ways by which the administration is kept within
    those limits?
    4. What are the procedures followed by administrative authorities in the
    exercise of those powers?
    5. What are the remedies available to an individual as against the administration?
    Reasons for the growth of Administrative Law
    • Changing role of government
    • Intensive form of government
    • Inadequacy of legislative process
    • Inadequacy of judicial system
    • Constitutional governance
    • Establishment of Regulatory Agencies
    • Conferring discretionary powers
    • Surveillance of Executive and Administrative Action
    • Judicial activism and Public Interest Litigation
    Contents of Administrative Law
    • Definition, nature and scope of Administrative law
    • Basic Concepts of Administrative Law
    • Classification of Administrative Action
    • Delegated Legislation
    • Administrative Adjudication
    • Discretionary Powers of Administration
    • Principles of Natural Justice
    • Judicial Review of Administrative Action
    • Remedies against Administrative Action
    • Liability of Government
    • Maladministration and its Remedies
    • Public Enterprises
    Theories as to the nature of
    Administrative Law
    • Red light theory: Administrative law is the control of the
    administration. Power is dangerous. Where there is power, there is
    room for abuse and misuse. Hence the need for control.

    • Green light theory: the function of Administrative Law is to describe


    governmental powers and to examine how they can be made more
    efficient and effective. Accepts the desirability of governmental
    powers.
    Basic concepts of Administrative Law
    • Rule of Law
    • Separation of powers
    • Judicial Review
    Classification of Administrative Action
    • Legislative function
    • Quasi-judicial function
    • Administrative function
    • Ministerial function
    Delegated Legislation: Reasons for its growth

    • Pressure upon Parliamentary time


    • Technicality of the subject matter
    • Need for flexibility
    • State of emergency
    Delegated Legislation :
    Nature of Power Conferred
    • Commencement clause
    • Supplying details
    • Power of inclusion and exclusion
    • Power of extension and application
    • Power of suspension
    • Power of modification
    • Power to remove difficulties clause
    • Power to prescribe punishments
    • Power to impose tax
    Control of Delegated Legislation
    Legislative control
    Pre-natal control
    Post-natal control : Laying on the table
    Scrutiny Committees
    Judicial control
    Where Parent Act is ultravires the Constitution
    Where delegated legislation is ultravires the Constitution
    Where delegated legislation is ultravires the Parent Act
    Unreasonableness
    Malafide
    Sub-delegation
    Retrospective operation
    Exclusion of judicial review
    Grounds for Judicial Review
    • Illegality
    • Irrationality
    • Procedural impropriety
    • proportionality
    Remedies
    Private Law Remedies
    Civil Suits
    Injunctions
    Declaratory relief etc.

    Public Law Remedies (writs)


    Habeas Corpus
    Quo warranto
    Mandamus
    Certiorari
    Prohibition etc.

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