Nature And Scope Of Administrative Law Pdf
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- ADMINISTRATIVE LAW Nature and scope
- Foundations of the Administrative Law
- Definition, Nature and Scope of Administrative law
- Introduction to Administrative Law
ADMINISTRATIVE LAW Nature and scope
Administrative Law is a new branch of law that deals with the powers of the Administrative authorities, the manner in which powers are exercised and the remedies which are available to the aggreived persons, when those powers are abused by administrative authorities.
The Administrative process has come to stay and it has to be accepted as a necessary evil in all progressive societies. Particularly in welfare state, where many schemes for the progress of the society are prepared and administered by the government. The execution and implementation of these programmes may adversely affect the rights of the citizens.
The actual problem is to reconcile social welfare with rights of the individual subjects. The main object of the study of Administrative law is to unravel the way in which these Administrative authorities could be kept within their limits so that the discretionary powers may not be turned into arbitrary powers.
There are several branches of the science of law. The Administrative Law is a recent branch of the science of law.
In the political science there are few Administrative organs. Certain functions have been allotted to these organs in the Administrative Machinery. The Administrative law deals with the structure, functions and powers of the Administrative organs. It also lays down the methods and procedures which are to be followed by them during the course of remedies which are available to the persons whose rights and other privileges are damaged by their operations. From the few lines above explaining the meaning of the Administrative law, we can notice the exact scope of this new branch of Law.
The scope of Administrative law can be narrated as under :- The methods and procedures of these Administrative organs are also studied by this new branch of law. It covers the nature of structure, powers and functions of all these administrative organs. It also makes available all the relevant remedies to the persons whose rights are infringed by the operations of these organs during the course of Administration. Why and How the Administrative Organs are to be controlled is also viewed by the Administrative law.
In this way alongwith the development in the Political Science and alongwith the idea of federal Administration, the separate branch of Administrative law has been developed. It is to be clearly noted that this branch of Law is exclusively restricted to the Administrative organs only.
The delegated legislations are supposed to be the backbone of the Administrative law. According to Prof. Wade, The organisation, the methods, the powers Whether styled Administrative, legislative or judicial and the control by the judicial authority of all public authorities is the ambit of Administrative law in United Kingdom.
This is equally true with regard to scope of Administrative law in India. With the growth of the powers of Administrative authorities the question as how to control these powers became very relevant. If the finally and exclusive character of Administrative action is not subjected to judicial control and legislative responsibility it would not have in the society and that Hewart described "New disposition would prevail over".
The main problem of Administrative law related to the nature and operation of official powers permits and orders, ministerial or discritionary scope and legitimacy of underlying conditions , the formal procedural conditions for the exercise of powers, official and communal liability, the specific remedies for the Judicial Control of administrative action legal, equitable and statutory jurisdictional limitations of powers and, questions of Administrative finality.
Thus Administrative law can be said to be science of power of Administrative authorities, and the nature of their powers can be studied under the three heads Legislative or Rule making, Purely Executive, Judicial or Adjudicative Now the main consideration of Administrative law is the control over the exercise of these powers. Home Disclaimer Privacy Contact. No Comments. Label: Administrative Law. Nature of Administrative Law Administrative Law is a new branch of law that deals with the powers of the Administrative authorities, the manner in which powers are exercised and the remedies which are available to the aggreived persons, when those powers are abused by administrative authorities.
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Foundations of the Administrative Law
Administrative law is the by-product of the growing socio-economic functions of the State. The traditional functions of any State are defence, collection of revenue, maintenance of law and order, and administration of justice. Welfare State is a State besides performing functions of defence, collection of revenue, maintenance of law and order, and administration of justice also performs the functions of eliminate poverty and exploitation, promote literacy, provide employment, manufacture and distribute essential commodities, remove social and gender bias, provides education, run railway and postal services, prevents unfair and restrictive and unfair trade practices, protect human rights, protect the poor and disadvantaged, conserve environment and carry out all possible activities for welfare of its citizen. The administrative law is the most outstanding phenomena in the welfare state of today. Knowledge of administrative law is as important for the officials responsible for carrying on administration as for the students of law. It is not codified like the Indian Penal code or the law of Contracts.
Administrative law is also anxious about ensuring there will be an element of fairness operating in public decision making and generally ensuring proper administration. The motive of this writing is to discuss the nature and scopes of Administrative law and to find out how it can be differentiated from Constitutional law. Definition of Administrative Law — Administrative law manages with the legal control of the government and related administrative powers. In other terms, we can define administrative law as the body of rules and regulations and orders and decisions created by administrative agencies of government. Administrative law is part of the division of law commonly referred to as public law, the law which regulates the relationship between the citizen and the state and which involves the exercise of state power. So, it is a part of the legal framework for public administration. Public administration is the day-to-day implementation of public policy and public programs in areas as diverse as immigration, social welfare, defence, and economic regulation—indeed in all areas of social and economic life in which public programs operate.
Definition, Nature and Scope of Administrative law
In the modern times the states have undertaken multifarious functions which traditionally did not come within the areas of its operations, besides the functions relating to the maintenance of law and order , administration of justice , and protection of its people from aggression. The states have taken various schemes of development, planning and welfare activities affecting every walk of human life. In this process enormous powers had to be conferred on the government without which the objectives of welfare state could not have been achieved.
Administrative law is the law that governs the administrative actions. As per Ivor Jennings- the Administrative law is the law relating to administration. It determines the organisation, powers and duties of administrative authorities. It includes law relating to the rule-making power of the administrative bodies, the quasi-judicial function of administrative agencies, legal liabilities of public authorities and power of the ordinary courts to supervise administrative authorities.
Administrative Law is a new branch of law that deals with the powers of the Administrative authorities, the manner in which powers are exercised and the remedies which are available to the aggreived persons, when those powers are abused by administrative authorities. The Administrative process has come to stay and it has to be accepted as a necessary evil in all progressive societies. Particularly in welfare state, where many schemes for the progress of the society are prepared and administered by the government.
Introduction to Administrative Law
Он знал, что этого времени у него. Сзади его нагоняло такси. Он смотрел на приближающиеся огни центра города и молил Бога, чтобы он дал ему добраться туда живым.
Тысчонка за сеанс. Бринкерхофф ухмыльнулся. Деньги налогоплательщиков в действии. Когда он начал просматривать отчет и проверять ежедневную СЦР, в голове у него вдруг возник образ Кармен, обмазывающей себя медом и посыпающей сахарной пудрой. Через тридцать секунд с отчетом было покончено.
Шекспир, - уточнил Хейл. - Гамлет. - Самообразование за тюремной решеткой. Хейл засмеялся. - Нет, серьезно, Сьюзан, тебе никогда не приходило в голову, что это все-таки возможно и что Танкадо действительно придумал невзламываемый алгоритм. Этот разговор был ей неприятен. - Ну, мы не сумели этого сделать.
Рафаэль де ла Маза, банкир из пригорода Севильи, скончался почти мгновенно. Рука его все еще сжимала пачку банкнот, пятьдесят тысяч песет, которые какой-то сумасшедший американец заплатил ему за дешевый черный пиджак. ГЛАВА 94 Мидж Милкен в крайнем раздражении стояла возле бачка с охлажденной водой у входа в комнату заседаний. Что, черт возьми, делает Фонтейн? - Смяв в кулаке бумажный стаканчик, она с силой швырнула его в бачок для мусора. - В шифровалке творится нечто непонятное. Я чувствую .
Да, - произнес голос. - Я знаю эту гостиницу. Она совсем .
Она перечитала его послание. СЕЙЧАС ВАС МОЖЕТ СПАСТИ ТОЛЬКО ПРАВДА - Правда? - спросила. - Какая правда. Стратмор тяжело дышал. - ТРАНСТЕКСТ.
Я поменялся сменой с новым сотрудником. Согласился подежурить в этот уик-энд. Глаза Стратмора сузились. - Странно.