Droit Administratif
or Administrative Law
1. Separate code of
law when State itself is party;
2. Favours state policy
3. Separate courts for
civil servants
4. New Despotism
(Delegated Legislation + Administrative Tribunals)
5. Was referred to as
Continental Nuisance
6. Scope of AL is same
as Scope of PA.
7. It is procedural in
nature.
Dicey’s Rule of Law
1. Absence of
discretion.
2. No bodily harm
except by procedure established by law
3. Largely based on
tradition; parochial
4. Gave privilege to
the crown
5. Marxist
interpretation – Elitist, unequal and problems only with the poor sections.
6. It is substantive
in nature.
Rationale for
Delegated Legislation(DL)
1. Huge Volumes of
laws.
2. Growing
Complexities.
3. Technical Nature
4. Flexibility
required.
5. Encourages public
participation.
Cons of Delegated
Legislation: Neo-despotism; Chaotic Legal system; Parochial nature of laws.
Types of DL: Normal (Positive
and Negative); Exceptional (Henry VIII Clause)
Safeguards against
DL
1. Parliamentary: Direct
Normal and Direct special
2. Procedural:
Drafting; Ante-natal publicity; Consultation; Post-natal publicity.
3. Judicial: Judicial
review
Administrative
Tribunal reforms
1. Should be
multi-member.
2. Fair appointments
3. Diverse base for
membership.
4. Strict adherence to
Principles of Natural Justice.
5. Addressing lack of
accountability.
No comments:
Post a Comment