Definition:
There is a great divergence of opinion regarding the definition of the concept of the administrative law. This is because of the tremendous increase in the administrative process that it makes impossible to attempt any precise definition of administrative law which can cover the entire range of the administrative process. Hence, one has to expect differences in scope and emphasis in defining the administrative law. This is true not only due to the divergence of the scope of the subject in the continental and Anglo-American legal systems.
However, two important facts should be taken into account in an attempt at understanding and defining the administrative law.
Firstly, administrative law is primarily concerned with the manner of exercising Governmental power. The decision-making process is more important than the decision itself.
Secondly, administrative law can not fully be defined without due regard to the functional approach. This is to mean that the function (purpose) of administrative law should be the underlying element of any definition. The ultimate purpose of the administrative law is controlling the exercise of Governmental power. The control aspect impliedly shades some light on the other components of its definition.
According to Sir Ivor Jennings "Administrative law is the relating to the administration. It determines the organization, powers, and duties of administrative authorities.
Purpose of Administrative Law:
- To check abuse of administrative power.
- To ensure to citizens an impartial determination of their disputes by officials so as to protect them from the unauthorized encroachment of their rights and interests.
- To make those who exercise public power accountable to the people.
- To realize these basic purposes, it is necessary to have a system of administrative law rooted in basic principles of rule of law and good administration.
Sources of Administrative Law:
Administrative law principles and rules are to be found in many sources. The following are the main sources of administrative law in India:
- The Constitution.
- Legislative Acts and Statutes.
- Delegated Legislation.
- Judicial Decision.
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