Friday, January 11, 2013

Nature and Scope of Administrative Law

Nature and scope of administrative law concerns the different writers approach in defining and discussing how far the tentacles of Administrative Law (AL) could reach. I will list down each and every scholar's opinion, though it should be noted that all scholars agreed that the true definition of AL is that it regulates the relationship between the government and it's citizens. Definitions relevant to my area of study are the ones from England and India.

England

Sir William Wade made two observations with regards to the definition of AL. They are :

1) AL is the law relating to the control of governmental power. (Governmental power being powers of all public authorities [PA] other than Parliament, and that the PA must be subject to legal limitations in order to protect citizens of an State).

2) AL is the body of general principles which governs the exercise of powers and duties by PA.

India

M.P Jain  defines AL as a law that deals with the structure, powers and functions of an organ of administration (a fancier way to call a State :p) It :

1) Limits the State's power.

2) Lays down methods and procedures that the State has to follow in exercising their power/function.

3) States the method by which the State's power is controlled.

4) Provides legal remedies to persons aggrieved by the State's unlawful action.

These are the definitions relevant to my area of study, I think. 










2 comments:

  1. Thanks for taking the time to discuss this, I feel strongly about it and love learning more on this topic. los angeles injury lawyer

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