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Shvoong Home>Law & Politics>Law - General>Administrative Law>Defination of Administrative Law. Summary

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Defination of Administrative Law.

Book Abstract by: LincUltra    

Original Author: C.Jamnadas & Co.
Definition of Administration Law-Jennings defined  Administrative  law as the law relating to  administration.
Ir determines the organisation, powers & duties of administrative  authorities But this defination is inadequate in view of the that it does not say anything about the procedure used by administrative authorities in exercising there powers.
K.C.Davies,  an American author defines "Administrative law is the law concerning the powers and procedure of administrative agencies including especially the law governing judicial review of administrative action"
    But this definition does not seem to include admniistrative functions  other than legislative or quasi-judicial .
Indian Institute of Law defines Administative Law as follows:-
   " Administative law deals with the structure, powers and functions of organs of administration , the method and procedure follow 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," 
     The above defination point out that  administrative  law deals with the following problems:-
a) Who was administrative authorities?
b) What sort of powers does the administration exercise?
c) What are the limits of those powers?
d)What are the ways in which the administration is kept within  those limits?
e)What are procedures followed by administative authorities?
f) What are the remedies available to a person affected by administration ? 
 Friedmann enumerates the scope of Administrative Law as follows:
 According to him, it includes the  law relating to-
a) the legislative powers of administration ,both at common law & under statutes;
b) The admistrative powers of the administration ,both at common law and under a vast mass of statutes.
c) Judicial & quasi-judicical powers of the administrations.all of them statutory.;
d) The legal liability of public authorities;
e) The power of the ordinary Courts to supervise the administrative authorities.
 Shri M.C. Jain -Kagzi sums up the topics of Administrative  Law as follows:-
  1)     Delegated Legislation - indispensability, permissiibility and constitutionality, mode of delegation , procedureal formalities required to be observe in administrative agency, safeguards aagainst abuse of power -judicial control.
  2)   Judicial functions of the administrative agencies, administrative tribunals, procedural guarantees, finality of decisions -jurisdiction of the Supreme Court and the High Court over the administrative agencies and tribunals.
  3)   Governmental liability-immunities of the adminissstrative agencies and bodies from suite, remedies available against the Union of India and the State instrumentalities.  
   
Published: June 27, 2007
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