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ADMINISTRATIVE LAW

The document outlines key concepts of Administrative Law, emphasizing its role in controlling governmental power and protecting individual rights. It discusses the relationship between constitutional and administrative law, the doctrine of separation of powers, and the significance of judicial review. Additionally, it covers theories such as the Red-Light theory and concepts like delegated legislation and Droit Administrative.

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14 views

ADMINISTRATIVE LAW

The document outlines key concepts of Administrative Law, emphasizing its role in controlling governmental power and protecting individual rights. It discusses the relationship between constitutional and administrative law, the doctrine of separation of powers, and the significance of judicial review. Additionally, it covers theories such as the Red-Light theory and concepts like delegated legislation and Droit Administrative.

Uploaded by

sravani t
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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ADMINISTRATIVE LAW (1st Internal)

BITS:

1. The modern-day states take cares of the individuals in relation to


WELFARE STATE FUNCTIONS.
2. According to IVOR JENNINGS A.L. is the law relating to administration.
3. One of the basic principles of English constitution is CONCEPT OF
RULE OF LAW.
4. A.V. DICEY Jurist misunderstood the French legal system.
5. If properly exercised the powers of executives will lead to the formation of
a WELFARE state.
6. The primary function of administrative law is to KEEP
GOVERNMENTAL POWERS WITHIN THE LIMITS OF LAW
AND TO PROTECT PRIVATE RIGHTS AND INDIVIDUAL
INTERESTS.
7. CONSTITUTION OF INDIA, UNITED STATES CONSTITUTION,
CIVIL CODE OF FRANCE is an example of codified law.
8. In Dicey’s rule of law the first principle is NO ONE SHOULD BE
PUNISHED.
9. In India, in ancient times administrative law was followed an DHARMA.
10. In America, A.L. was in existence from THE LATE 19th CENTURY.
11. The real test which distinguished a Quasi-Judicial function from an
administrative function is THE DUTY TO ACT JUDICIALLY.
12. The word Quasi means ‘AS IF’ OR ‘ALMOST’.
13. Making rules, regulations, by laws, etc. are the LEGISLATIVE
FUNCTIONS of the executives.
14. If the function of an executive authority is ADMINISTRATIVE in
nature, delegation is possible.
15. If an executive authority exercises a Judicial function or Quasi-Judicial
function, it must follow the principle of NATURAL JUSTICE.
16. “The three organs of the government, cannot be assumed to be functioning
exclusively,” this statement was made by SC in INDIRA GANDHI Vs
RAJ NARAIN case.
17. The most important aspect of Doctrine of Separation of powers is
DIVISION OF POWERS AMONG LEGISLATUR, EXECUTIVE,
AND JUDICIARY.
18. National emergency was proclaimed in India on 25 JUNE, 1975.
19. According to the Doctrine of JUDICIAL REVIEW citizens can approach
HC/SC for the enforcement of fundamental rights.
20. All the 3 organs of the government are subordinate to each other and have
to act in CORDINATION WITH EACH OTHER.

SHORT ANSWERS:

1. RED-LIGHT THEORY OF ADMINISTRATIVE LAW?

ANS: According to Red-Light theory, the primary object of administrative law


is to control governmental power. Red-Light theory seeks to protect private
rights and individual interests. Its object is to keep governmental agencies and
administrative authorities within the bounds of law through judicial control.

2. WHAT IS THE RELATION BETWEEN CONSTITUTIONAL &


ADMINISTRATIVE LAW?

ANS: Constitutional and Administrative law are closely related. While


constitutional law delas with general principles relating to the organisation and
power of the legislature, executive, and judiciary and their functions inter se
and towards the citizens. Administrative law is that part of constitutional law
which deals in detail with the powers and functions of the administrative
authorities, including civil services, public departments, local authorities, and
other statutory bodies.

3. DROIT ADMINISTRATIVE?

ANS: French administrative law or Droit Administrative is a branch of law


which deals with powers and duties of various administrative agencies and
officials. Acc to Dicey, droit administrative is that portion of French law which
determines

• Position and liabilities of state officials


• Rights and liabilities of private individuals in their dealings which
officials as representatives of state
• Procedure by which these rights and duties are enforced
4. SEPARATION OF POWERS?

ANS: The doctrine of the separation of powers is based on the philosophy of


Trias politica, which rests on three principles;

• One organ should not be a part of the other two organs (Judiciary cannot
be a part of the executive and legislature)
• One organ should not interfere in the workings of another organ (The
executive cannot interfere in the legislature’s work)
• One organ should not perform the functions of another organ (The
legislature cannot carry out the duties of the judiciary)
5. DELEGATED LEGISLATION?

ANS: Delegated legislation in administrative law alternatively termed


subordinate or secondary legislation, pertains to legal provisions formulated
by individuals or entities granted authority by the legislative body to establish
detailed regulations under a particular Act of Parliament. These individuals or
bodies could include government ministers, local authorities, or corporations.

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