Admin 3

REASONS FOR GROWTH OF ADMINISTRATIVE LAW
1.The concept of a welfare state - As the States changed their nature from laissez-faire to that of a
welfare state, government activities increased and thus the need to regulate the same. Thus, this
branch of law developed.
2.The inadequacy of legislature - The legislature has no time to legislate upon the day-to-day ever-
changing needs of the society. Even if it does, the lengthy and time-taking legislating procedure
would render the rule so legislated of no use as the needs would have changed by the time the rule
is implemented.
3.The inefficiency of Judiciary - The judicial procedure of adjudicating matters is very slow, costly
complex and formal. Furthermore, there are so many cases already lined up that speedy disposal of
suites is not possible. Hence, the need for tribunals arose.
4.Scope for the experiment - As administrative law is not a codified law there is a scope of
modifying it as per the requirement of the State machinery. Hence, it is more flexible. The rigid
legislating procedures need not be followed again and again.
RELATIONSHIP BETWEEN CONSTITUTIONAL
LAW AND ADMINISTRATIVE LAW
• As every law of the State must satisfy the Constitutional benchmark, it is essential to know the relationship
between the Constitutional law and the Administrative law of the State. Constitutional law is the genus
and administrative law its species, hence the judge-made law must comply with the constitutional
provisions. There are few similarities and differences between Constitutional Law and Administrative Law.
• Difference between Administrative law and Constitutional law :
• 1)A Constitution is the supreme law of the land. No law is above the constitution and hence must satisfy
its provisions and not be in its violation. Administrative law hence is subordinate to constitutional law. In
other words, while Constitution is the genus, administrative law is a species.
• 2)Constitution deals with the structure of the State and its various organs. Administrative law, on the other
hand, deals only with the administration.
• 3)While Constitution touches all branches of law and deals with general principles relating to organisation
and powers of the various organs of the State; administrative law deals only with the powers and functions
of the administrative authorities.
• 4)Simply speaking the administrative authorities should first follow the Constitution and then work as per
the administrative law.
THE GROWTH OF ADMINISTRATIVE LAW in UK USA
and India
• ENGLAND - In 1885 Albert Venn Dicey, a British jurist, rejected the whole concept of Administrative
law. Until the 20th Century, Administrative law was not accepted as a separate branch of law. The Lord
Donoughmore Committee, in 1929, recommended for better publication and control of subordinate
legislation. In 1958, Tribunals and Inquiries Act was passed for better control and supervision of
Administrative Decisions.
• Breen v Amalgamated Engineering Union [1971] 2 QB 175 was the first case wherein the existence of
Administrative law in the United Kingdom was declared.
• UNITED STATES OF AMERICA - In the United States of America, the existence of administrative law and
its growth was ignored until it grew up to become the fourth branch of the State. By then many legal
scholars like Frank Goodnow and Ernst Freund had already authored a few books on Administrative
law. It was in 1933 that a special committee was appointed to determine how judicial control over
administrative agencies could be exercised. Thereafter, in 1946 The Administrative Procedure Act was
passed which provided for judicial control over administrative actions.
• INDIA - The Mauryans and the Guptas of ancient India had a centralised administrative system. It was
with the coming of the British that Administrative law in India went through a few changes. Legislations
regulating administrative actions were passed in British India. After independence, India adopted to
become a welfare state, which henceforth increased the state activities. As the activities and powers of
the Government and administrative authorities increased so did the need for ‘Rule of Law’ and ‘Judicial
Review of State actions’.

Admin 3

Uploaded by

Copyright:

Available Formats

Admin 3

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Admin 3

Uploaded by

Copyright:

Available Formats

REASONS FOR GROWTH OF ADMINISTRATIVE LAW

You might also like