Examples Of Administrative Law

Administrative Law Scope, Definition and Emergence

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1. In 1885 Albert Venn Dicey, a British jurist, rejected the whole concept of Administrative law. Hence, the numerous statutory discretionary powers given to the executives and administrative authorities and control exercised over them were all disregarded to be able to form a separate branch of law by the legal thinkers. Until the 20th Century, Administrative law was not accepted as a separate branch of law. It was only later that the existence of Administrative law came to be recognised. The L...
2. In the United States of America, the existence of administrative law and its growth was ignored until it grew up to become the fourth branch of the State. By then many legal scholars like Frank Goodnow and Ernst Freund had already authored a few books on Administrative law. It was in 1933 that a special committee was appointed to determine how judicial control over administrative agencies could be exercised. Thereafter, in 1946 The Administrative Procedure Act was passed which provided for ju...
3. The Mauryans and the Guptas of ancient India had a centralised administrative system. It was with the coming of the British that Administrative law in India went through a few changes. Legislations regulating administrative actions were passed in British India. After independence, India adopted to become a welfare state, which henceforth increased the state activities. As the activities and powers of the Government and administrative authorities increased so did the need for ‘Rule of Law’ and...

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The Abuse of Administrative Discretion Law Teacher

9 hours ago Lawteacher.net Show details

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1. English Law expounded upon the theory of judicial review of administrative discretion. It was believed that the rule of law was sacrosanct and vesting unfettered power of discretion in the administrative authority amounted to an affront against it. [3] However, scholars began to recognise that smooth governance required that discretion be not eliminated completely, but checked against improper exercise by the courts. [4] In order to exercise this check, the court sought to establish a balance between the authority exercised by the executive as well as the protection meted out to citizens. [5] The courts in England were the first to establish that no discretion could be unfettered and devoid of controls. The matter of Padfield v. Minister of Agriculture, Fisheries and Food [6] dealt with the exercise of discretion by a Minister pertaining to the Milk Marketing Board [MMB]. The MMB was to hear and decide on different disputes which were referred to it by the Minister. Thus, the Minist...

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Administrative Law LegalMatch

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1. Most people are familiar with our civil and criminal legal systemsin which a judge presides over a case between two sides: a plaintiff or the government versus a defendant. In those systems, the question frequently turns on whether the defendant is guilty or liable in some way for the complaint made by the plaintiff or government and can involve a vast array of legal areas such as crime, personal liability, injunctions, violations of contract, etc. In administrative law, agencies have a board, commission or some other tribunal that adjudicates matters related to the regulatory scheme of that agency in what is called an administrative court. The court is usually composed of experts in that particular field and they only adjudicate matters within that field by applying the agency’s rules and policies. While federal civil and criminal courts follow the federal rules in compliance with the U.S. and state constitutions, Congress enacted the Administrative Procedure Act to establish proce...

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