Admin

1. Administrative Law
RaisuL Islam Sourav
Lecturer & Coordinator
Department of Law
Dhaka International University (DIU)

2. Welcome
You All
In the Arena of
Administrative Law

3. What is Administrative Law?
• It is indeed difficult to evolve a
scientific, precise & satisfactory
definition of Administrative Law.
• Many Jurists have made attempts to
define it, but none of them has
completely demarcated the nature,
scope & content of administrative
law.

4. Sir Ivor Jennings
• Administrative law is relating to
the administration. It
determines the organizations,
powers & duties of the
administrative authorities.
• It is the most widely accepted
definition of the Administrative
Law.

5. According to Griffith &
Street, the are two
limitations
• It does not distinguish
administrative law from the
constitutional law &
• It is vast definition.
• However, it does not include the
remedy(/ies) to an aggrieved person
when his rights are adversely
affected by the administration.

6. Wade
• The relationg the control of governmental
power is called as administrative law.
• According to Wade, the primary object of
administrative law is to keep powers of the
govt. within their legal bounds so as to
protect the citizens against their abuse.
• However, this definition also does not
define the subject and also does not deals
with the powers & duties of the
administrative authorities.

7. K C Davis
• Administrative law is the law
concerning the powers and
procedures of administrative
agencies including especially
the law governing judicial
review of the administrative
action.

8. Griffith & Street
• It must deals with:
• What sort of powers does the
administration exercise?
• What the limits of those
powers?
• What are the way in which the
administration is kept within
those limits?

9. Jain & Jain
• Administrative law deals with the
structure, powers & functions of the
organs of the administration, the
lomits of their powers, the method &
procedures followed by them in
exercising their powers & functions,
the method by which their powers
are controlled including the legal
remedies available to a person
against them when his rights are
infringed by their operations.

10. Justice C K Thakker
• Administrative law is that branch of
constitutional lawwhich deals with
powers duties of the administrative
authorities, the procedure followed
by them in exercising the powers
and discharging the duties and the
remedies available to an aggrieved
person when his rights are affected
by the action of such authority.

11. What is public law?
Public law is that kind of law which deals with the
relationship between the State & the individuals like:
Constitutional law, administrative law etc.
Differences between
Constitutional Law &
Administrative Law
• Accordingly to Keith: "It is logically impossible to
distinguish administrative law from constitutional
law and all attempts to do so are artificially."

13. Nature & Scope of
Administrative Law
• Administrative law deals with the powers
of the administrative authorities;
• In manner in which such power will
exercise;
• Remedies for breach of such manner to an
aggrieved;
• It unravel the way in which these admin
authorities could be kept in boundary;
• Lawful exercise of discretionary powers

14. Reasons behind growth
of Admin. law
• There is radical change in the philosophy
as to the role played by the State;
• The judicial system is inadequate to
decide & settle al types of disputes;
• The legislative process was inadequate;
• There is scope for experiment in
administrative process;
• The administrative authorities can avoid
technicalities;
• It can take preventive measures;
• The can take effective measure to enforce
its decision.

15. Functions of Admin. law
• Principal function of admin. Law
is to confine the govt. within the
law,
• Ensure citizens rights and
remedies in case of violation,
• Ensure accountability of the
govt.

16. Red Light Theory of
Admin. law

17. Green Light Theory

18. Sources of
Administrative Law
• Admin. Law is not codified, written
or well defined.
• It is essentially unwritten,
unmodified and basically judge
made.
• It stands on some fundamental rules,
basic principles, minimum standard
of law etc.
• It is based on the well known maxin
“Ubi jus ibi remedium (Where there
is a wrong/right, there is a remedy)”.

19. Further Reading: Chapter 1, Lectures on
Administrative Law: C K Thakker.
Thanks for your patient...