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What is nature and definition of administrative Law?

What is nature and definition of administrative Law?

Administrative Law is, in fact, the body of those which rules regulate and control the administration. Administrative Law is that branch of law that is concerned with the composition of power, duties, rights and liabilities of the various organs of the Government that are engaged in public administration. Under it, we study all those rules laws and procedures that are helpful in properly regulating and controlling the administrative machinery. There is a great divergence of opinion regarding the definition/conception of administrative law. The reason being that there has been tremendous increase in administrative process and it is impossible to attempt any precise definition of administrative law, which can cover the entire range of administrative process.

Let us consider some of the definitions as given by the learned jurists.

Austin has defined administrative Law. As 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.

Holland regards Administrative Law “one of six” divisions of public law. In his famous book “Introduction to American Administrative Law 1958”,

Bernard Schawartz has defined Administrative Law as “the law applicable to those administrative agencies which possess of delegated legislation and ad judicatory authority.”

Jennings has defined Administrative Law as “the law relating to the administration. It determines the organization, powers and duties of administrative authorities.”

Dicey in 19th century defines it as.

  • Firstly, portion of a nation’s legal system which determines the legal statues and liabilities of all State officials.
  • Secondly, defines the right and liabilities of private individuals in their dealings with public officials.
  • Thirdly, specifies the procedure by which those rights and liabilities are enforced.

The Indian Institution of Law has defined Administrative Law in the following words; “ Administrative Law deals with the structure, powers and functions of organs of administration, the method and procedures followed by them in exercising their powers and functions, the method by which they are controlled and the remedies which are available to a person against them when his rights are infringed by their operation.”

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