Administrative Law - Paper

Topics: Law, Political philosophy, Separation of powers Pages: 7 (2491 words) Published: November 26, 2012
Administrative law simply means that the branch of public law which deals with the organization and powers of administrative and quasi administrative agencies and prescribes the principles and rules by which an official action is reached and reviewed in relation to individual liberty and freedom. Technically, from the definition it is clear to state that administrative law is bound and founded to determine the legality of the government action, the nature and scope of the powers conferred to the government official through checking abuse of administrative power. Meanwhile, the study of administrative law can be explained in broader after pondering the red light and green light theories, in which the red light theory views primarily that objective of administrative law is to consider the law and control the state power and desires to minimize the encroachments of the state on the rights of individual whereby this is monitored and controlled by judiciary. In connection to that, Green theory relies much in operation of the state in the sense that it allows the intervention of the state in larger public interest ensuring right of citizen and well being of society as whole and this can be achieved through freedom of information, active involvement, positive deliberation, effective consultation and other similar action at the level of administration. In the same vein, the issue raised, if the means are not trustworthy, how the end could be? Just or unjust. In the light of the control mechanism discussion hereunder is considering intensively how far the means which are not trustworthy could result to unjust end. POLITICAL PARTIES; as per the political parties Act ,is defined as any organized group formed for the purpose of forming a government or local government authority within the united republic through election or for putting up or supporting candidate to such election . Now, the modern political thoughts tends to accept the notion that political parties are absolute essential to democracy so far the political parties try to crystallize many shades of opinion into one coherent policy unify many diverse element into one manageable unit. The political parties are manifested from the right of freedom of assembly as stipulated in the constitution .The political parties are mechanism to perform an important function of interest articulation, whereby an individual finds out the open channels to express their interest and needs, and also performing function of interest aggregation ,where peoples demands converted into general policy alternatives. Therefore in modern democracy ,it has always been necessary to guarantee and protect the freedom of assembly ,in that line it is one of the platform for attainment of social development and nurturing of democratic advancement in a given society. But the situation contrary to our country today, the right is restricted and its enjoyment subjected to the laws of the land, the problem comes in the course of interpretation and ,implementing the realization of this right. Experience can be drawn respectively from Tanzania, that the state limits the occupation of political parties so as to enhance the sustainability of state powers, there various laws and aspect which curtails the freedom of association for political parties and its operation .Starting with:- Cumbersome procedures for the registration of Political parties. it is a requirement of the law under political parties Act that any political party upon the request for registration must have at least 200 members from ten different region in the country. this number is too large and unrealistic especially in Tanzania where democracy is at infant stage. this provision denies the nourishment of democracy.Forinstance the denial of CCJ(chama cha jamii).Also under the same act it is provided that any political party ,by its constitution advocates the break up of union between Tanganyika and Zanzibar shall be disqualified and denied...
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