Meaning – Every person is considered equal before the law. The law applicable in that case was not ordinary law but a special law developed by the administrative court. The expression rule of law‘ has been derived from the French phrase ‗la principle de legalite‘, meaning a government based on the principles of law. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars. Podcast and screencasts for Craig Forcese's course in Administrative Law at the University of Ottawa, Faculty of Law. Recent aggressive judicial activism can only be seen as a part of the efforts of the Constitutional Courts in India to establish a rule of law society, which implies that no matter how high a person, maybe the law is always above him. Or Predominance of Legal Spirit. 5. Origin of Rule of Law. The executive is regarded as not having any inherent powers of its own but all its powers flow and emanate from the law , a principle which plays suc h a vital role in all democratic countries of to -day. We hope you found this useful. Due process of law or fairness. supra note 1, at 490. r- For an historical sketch of Aineuacan Administrative Law see Chapter I … Administrative Law Notes for Nature and Scope of Administrative Law, Administrative Tribunal , Delegated Legislation , Natural Justice , Ombudsman , Right to Information , Rule of Law , Seperation of Power . One should know the difference between administrative law and the rule of law. The modern concept of the Rule of Law is fairly wide and, therefore, sets up an idea for the government to achieve. Definition of Administrative Law: -Checks and/or balances to control the exercise of delegated authority. In a system governed by rule of law, discretion, when conferred upon executive authorities, must be continued within clearly defined limits. This Website and 16mrks App has been developed for law students as reading law books and making notes from … no. Phillips, Jackson and Leopold, Constitutional and Administrative Law (Sweet & Maxwell 2001) Critically discuss whether this statement remains applicable today. Administrative Law Exam Summarised Notes and Case Summaries for Weeks 1 - 10. As discussed by Aristotle, the concept of rule of law is grounded in … Forthcoming, 83 Geo. Absence of arbitrary power being the heart and soul of the rule of law. The rule of law excludes arbitrariness, its postulate is ‘intelligence without passion’ and reason free from desire. Comment goes here. Administrative law was alive even in ancient times. Whatever law is passed by legislature it should be prospective not retrospective. The modern concept of rule of law was expounded by Dicey and his exposition has three important factors: Dr. Subramaniam Swami vs Director CBI (AIR 2014). The objective is to ensure reasonable control over the powers in a fair manner. The rule of law promotes the lofty ideals enshrined in the directive principles of state policy and draws its sustenance from the higher judiciary, which upholds the constitutionality of laws keeping in view the philosophy of these ideals. Thus, the rule of law establishes the law … Administrative Law
2. This means that decision should be made by the application of known principles and rules and, in general, such decisions should be predictable and citizens should know where he stands.7. no. 86. Your email address will not be published. We have taken all reasonable measures to ensure the quality, reliability, and accuracy of the information in this document. Thus, in a state professing the rule of law, the aim should be to provide for a system which secures to its citizens’ adequate procedure for the redress of their grievances against the state before forums, which are able to administer justice in an impartial manner without any fear or favour. See infra TAN notes 19-24. 58, 4V.N. During the thirteenth century, Thomas Aquinas argued that the rule of law represents the natural order of God as ascertained through divine inspiration and human resource. A-54, 5A.K. This study guide is based on the 2013 course, and is structured according to the following topics (based on the course outline): It is not a codified law. protection of individual rights and liberties. Rule of Law The Rule of Law, in its most basic form, is the principle that no one is above the law. Your email address will not be published. A Rule of Law: Administrative Law Notes Meaning of Rule of Law. Administrative Law - most outstanding legal development of the 20th century . 2. Nepalese administrative law is regulating according to mixed system of heterogeneity, though, Droit administratif or administrative law studied as separate subject from long ago. During the last few years, the Supreme Court in India has developed some fine principles of Third World jurisprudence. If you are seeking advice on any matters relating to information on this website, you should – where appropriate – contact us directly with your specific query or seek advice from qualified professionals only. It is embodied in the concept of rule of law that equality before the law or equal protection of laws is ensured to all citizens, and every citizen is protected from the arbitrary exercise of power by the state. ‘The power of public authorities to change policy is constrained by the legal duty to be fair (and other constraints which the law imposes). WAu, Aprxmwx To Dicay, of&. Administrative Officer cannot perform his power arbitrary. Courts insistently exclude more systemic aspects of agency functioning from their purview and from administrative law doctrines. Judicial review of administrative action. And in that sense, it brings a bit of humanity and warmth to an organizational setting. Dicey's views on written and unwritten constitutions are subject to much debate and … Academia.edu is a platform for academics to share research papers. La Rule of law prend ses lettres de noblesse avec John Locke. Equality before the law and equal protection of the law. administrative law.1 [B]—Approaches to the Study and Practice of Administrative Law Administrative law can be approached in much the same fashion as many other law school courses. Rule of Law The expression ―Rule of law‖ plays an important role in administrative law. (Raz, Dicey) (see points 1,2,6,7 by Lord Bingham). tion" "he gave a brilliant explosition to the concept of' Rule of Law' and contrasted that with the Administrative Law of France, and in this exercise administrative Law' became insignificant. Use of discretionary power in fair and reasonable manner. This Part provides a brief account of the ideal of the rule of law and its underlying purposes, and then turns to describe five dimensions of the rule of law particularly salient for assessing administrative governance. Legislature had no time and technique to deal with all the detailed rules and procedure.
Detailed procedure made by the legislature were found to be defective and inadequate.
All these resulted in the delegation of some legislative powers to the administrative authorities.
When rule making is done by the executive branch it is known as delegated legislation.
Law is Supreme, above everything and everyone. 6. The same law will be applicable to both of them, no discrimin… This article is divided under following headings: “Rule of Law” comes from a French phrase, ‘la principe de legalite‘. The term “Rule of Law” is derived from the French phrase ‘La Principe de Legality’ (the principle of legality) which refers to a government based on principles of law and not of men. It is the law which should be supreme and not the arbitrary decisions made by an Individual. Ainsi son Traité du gouvernement civil (1690) pose la liberté comme inséparable de la loi. The concept of rule of law would lose all its vitality if the instrumentalities of the State are not charged with the duties of discharging their functions in a fair and just manner.5 It has been held that the rule of law pervades the constitution as its basic feature and cannot be taken away even by an amendment of the constitution.6 In a system governed by rule of law, discretion, when conferred upon executive authorities, must be confined within clearly defined limits. Mayank is a student at Faculty of Law, Delhi University. The English philosopher Jeremy Bentham described the rule of law “nonsense on stilts.” The twentieth century has seen political leaders who have oppressed disfavored persons or groups, without warning or reason, governing as if no such thing as rule of law existed. Rule of Law – Meaning & Scope The Criminal Justice system mandates any investigation should be fair, according to law and should not be arbitrary in nature. Q The Concept of -Rule or Law” is an integral part of the British constitution Explain this in the light of Dicey’s Exposition on the rule of law Also elaborate us present day modem concept in a state (C.S.S.,2016) Rule of Law. It provides protection to the people against the arbitrary action of the administrative authorities. In 13th century Bracton a Judge in the regime of Henry III introduced this concept. ⇒ Administrative law is about the public administration of life, in the sense that the state regulates what we do ⇒ It is mainly about principles or notions of good governance, fairness, accountability, transparency, the rule of law, parliamentary sovereignty, legality, and comity or respect for public office This makes the concept of rule of law highly relevant to our context. Every contribution toward a goal is valuable, regardless of how small it may be. One of the things that have always kept us motivated is that knowledge sharing is essentially an act of giving. 7. The rule of law retains a place at the center of our political morality; it is an ideal, like democracy, that sits among a small cluster of our most basic commitments.14 Joseph Raz, The Rule of Law and Its Virtue, in Joseph Raz, The Authority of Law: Essays on Law and Morality 210–11 (2d ed. LawSikhohas created a telegram group for exchangin… Formal v Substantive Understanding of the Rule of Law Formal Conception of the Rule of Law: The Rule of Law only concerns the form of law and the procedures under which it is made. At the equal time, if the administrative is agreed a blank cheque to conclude the primary rule of the law, the model of government under law – government forced by legal norms proclaim in move forward – is in danger. It is a new branch of law which has evolved with time and shall continue to evolve as per the changing needs of the society. Administrative law is a branch of public law which deals with or concerns the exercise of power, by public authorities to execute public functions. 7. Every public servant is a trustee of the society and is accountable for due effectuation of constitutional goals. Dicey is one of the well known jurists of England and he has written a famous book “Law of the Constitution”. Close. Notes Full Name. The English administrative law is based on the concept of the Rule of Law, French administrative law is conducting according to the theory of Droit administratif. It is, however, very different from many of the other core legal subjects because it … In this sense rule of law conveys that no man is above the law. The Concept of Rule of Law is very old. The opportunity for this ruling was provided by a letter written by the Free Legal Aid Committee, Hazaribagh, Bihar drawing its attention to unjustified and illegal detention of certain prisoners in jail for almost two or three decades. Developing the same new constitutionalism further, the Apex Court in Veena Seth v. State of Bihar11 extended the reach of the Rule of Law to the poor and the downtrodden, the ignorant and the illiterate, who constitute the bulk of humanity in India, when it ruled that the Rule of Law does not exist merely for those who have the means to fight for their rights and very often do so for the perpetuation of the status quo, which protects and preserves their dominance and permits them to exploit a large section of the community. Court should be accessible and no man should be denied Justice. Doctrine of Separation of Powers – Meaning, Origin, Montesquieu’s Doctrine He felt that this was against the principle of equality before the law. It translates to ‘Principle of legality’ which means a government that has its basis on principles of law and not on principles of men. But the rule of law plays an effective role by emphasizing upon fair play and greater accountability of the administration. Critères Chez Albert Venn Dicey. These features of the Administrative Law of France were, according to Dicey, sharply different from the Br. It lays greater emphasis on the principles of natural justice and the rule of speaking order in an administrative process in order to eliminate administrative arbitrariness. Its main thrust is to ensure that public power isn’t abused or used as a detriment to the people. Introduction: Rule of law is classical principle of administrative law. Rule of law was developed by a British jurist Albert Venn Dicey in his book called “The Law of the Constitution” 1885. AC Kapur, Principles of Political Science (2014), Rule of law, Pg. Most of the modern legal system implements the principles of judicial review and similar principles of proportionality and legitimate expectations. [Appointed government officials and politicians, alike] …. The Constitution lays down in Part IV the directive principle of state policy. It derives from the need to create and develop a system of public administration under law, a concept that may be compared with the much older notion of justice under law. Court should have power of Judicial Review. Rule of Law Concept, Evaluation of Dicey’s concept of Rule of Law, Modern conception of Rule of Law, Rule of Law in U.K., U.S.A. and India, Rule of Law vis-à-vis Administrative Law 3. ‘[I]t could be said that the British Constitution does not know of any rule of law since no superior law puts limits to what Parliament may legislate.’ Phillips, Jackson and Leopold, Constitutional and Administrative Law (Sweet & Maxwell 2001) Critically discuss whether this statement remains applicable today. The Supreme Court in a case, namely, Supreme Court Advocates on Record Association v. Union of India 10, reiterated that the absence of arbitrariness is one of the essentials of rule of law. In an early case, S.G. Jaisinghani V. Union of India and others9 the Supreme Court portrayed the essentials of rule of law in a very lucid manner. Rule of law as established by Dicey requires that every action of the administration must be backed and done in accordance with law. I had so many doubts regarding rule of law before reading this article. It observed: “The absence of arbitrary power is the first essential of the rule of law upon which our whole constitutional system is based. Administrative Law is that body of rules which govern the relations between administrative authorities and pri­vate individuals. no. The rule of law from this points of view means that decisions should be made by the application of known principles and rules and, in general, such decision should be predictable and the citizen should know where he is. Administrative law is one of three basic areas of public law dealing with the relationship between government and its citizens; the other two are constitutional law and criminal law. The rule of law requires compliance by the state with its obligations in international law. Subject –Administrative Law 6 When the term Rule of Law is used in formalistic sense, it denotes to an organized power as opposed to a rule by one man. Adequate safeguard against executive abuse of powers. The system of law as pointed out above is prevalent in France and some other continental countries. The term ‘constitutionality of administrative ‘rule-making’ means the permissible limits of the Constitution of any country within which the legislature, which as the sole repository of law-making power, can validly delegate rule-making power to other administrative agencies. (ii) Equality of all the citizens, whether officials or non-officials before the ordinary law of the land as administered by ordinary courts. If you regard the field merely as a collection of discrete legal doctrines, it may make a great deal of sense simply to memorize various general principles, to apply those principles to a final examination or a bar examination, and then forget about the topic. Giving his dissenting opinion in the Death penalty case, Mr. Justice Bhagwati explains fully the significance of rule of law in the following words: The rule of law permeates the entire fabric of the Constitution and indeed forms one of its basic features. This concept was developed by the International Commission of Jurists, known as Delhi Declaration, 1959, which was later on confirmed at Lagos in 1961. 3. This has lead to an increase in the scope of Administrative Law. This is a study guide for the subject LAWS1160 - Administrative Law. Public Law = includes administrative law, constitutional law, and criminal law. The system of law as pointed out above is prevalent in France and some other continental countries. Conrad, “The future of rule of law and Justice in India”, (1999), Pg. 3. The need for it arose with the increase in administrative actions and its discretionary powers. Zimbabwe Rule of Law Journal; The Zimbabwe Electronic Law Journal . Belmarsh Case (2004) UKHL 56 ; M v Home Office (1993) 3 WLR 433; McGonnell v UK (2000) 30 EHRR 289; … 135, 1) Administrative Law by I.P. Each country has devised its own system to ensure the maintenance of the rule of law. 592, 2ND Arora, Political Science (2011), Rule of law, Pg. The concept of ‘rule of law’ is that the State should be governed by principles of law and not of men. Administrative Law emerged as a subject to curb the misuse of power by the executive. administrative law, ranging from the promulgation and enforcement of regulations to writing policy and conducting investigations of regulatory violations. From this, Dicey concluded that this system spelt the negation of the concept of rule of law. 2… The reports abound with cases in which officials have been brought before the courts, and made, in their personal capacity, liable to punishment or to payment of damages, for acts done in their official character but in excess of their lawful authority. Administrative law can be approached in much the same fashion as many other law school courses. Rule of law is a very big topic and have so many little concepts but the way it is presented here is outstanding. India is a democratic country so it can be said that India is against the concept of dictatorship. Rule of law as proposed by Dicey is the supremacy of law as opposed to arbitrariness. Set-Up is dictatorial it is used in ideological sense, it brings a bit humanity. The influence of arbitrary power being the heart and soul of the same fashion as many law. World jurisprudence * Constitution of India, AIR 1967 SC 1427, 8D India: 14.... 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