Administrative Law is the by-product of constitutional law

Topics: Law, Separation of powers, United States Constitution Pages: 18 (5694 words) Published: November 5, 2014
Administrative law is the most growing phenomenon in the field of state welfare for today . It has become very necessary in the developed society as the relationship between the administrative authority and the people have become very complex . In order to regulate these relations, there is a need of law which will provide a certainty and a check to the misuse of power by the administrative authority . The requirement of such law is fulfilled by the administrative law. So basically, administrative law is the body of those which rules regulates and control the administrations. It is that branch of law which is concerned with the power, duties, and rights of various organs of the government which are in the nature of public administration. In other words, it deals with all the power, procedures and laws that are helpful in properly regulating and controlling the administrative machinery. Administrative law may also be defined as the law which determines the organization, power and duties of administrative authorities. Prior to 20th century, there was no such thing as administrative law . The only function of the state was to maintain internal peace and order, levying of taxes and protection from foreign aggression. Such was known to be the “police state”. But with the growth in society and increased complexity, the state no longer could afford to be only police state, its functions increased like now the state is responsible for equitable distribution of wealth among its citizens, promotion and protection of individuals’ economic and social well-being, etc . In other words, the state is now known as “welfare state”. The field of administrative law is still new and developing. It has many new concepts attached to it. Like according to Austin, it is the law which determines the ends and modes to which the sovereign power shall be exercised. In his view, the sovereign power shall be exercised either directly by the monarch or directly by the subordinate political superiors to whom portions of those are delegated or committed in trust. On the other hand, Jennings states administrative law, as “the law relating to the administration. It determines the organization, powers and duties of administrative authorities. ” Dicey states that administrative law is as follows:

That portion of nation’s legal system that defines the legal status and liabilities of all state officials, It defines the right and liabilities of private individuals in their dealings with public officials. It specifies the procedure by which those rights and liabilities are enforced. K.C. Davis has also defined administrative law as “Administrative Law is the law concerning the powers and procedures of administrative agencies including specially the law governing judicial review of administrative action.” So we now see that the concept of Administrative law has many facets, as propounded by different authors. It clearly states that it is still evolving and developing. Though administrative law is still a, comparatively, a new concept, but it has following features that it offers: It ensures transparent, open and honest governance and hence is more people friendly. It is based on both individual rights and public needs.

It deals with administrative, quasi-administrative authority and with organisations. It is primarily concerned with official actions and the procedure through which such official action is reached. It includes control mechanism (judicial authority) by which administrative authority is kept within their power. As has already been discussed, the administrative law is still a new concept. There have been many sources of it which has been given credit for its growth . These are: Constitution of India

Acts and Statutes
Ordinances, Administrative directions, notifications and Circulars Judicial decisions
So Constitution is considered to be one of the main sources for the evolution of administrative...
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