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Definition of Administrative Law

The document discusses various definitions of administrative law provided by prominent scholars. It notes that Jennings' definition fails to differentiate administrative and constitutional law. While Davis' definition focuses only on judicial review and not other controls like parliamentary control. Wade's definition does not actually define administrative law. M.P. Jain's definition encompasses the structure, powers, and functions of administrative authorities as well as the methods of control and legal remedies against them.

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Fagun Sahni
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1K views6 pages

Definition of Administrative Law

The document discusses various definitions of administrative law provided by prominent scholars. It notes that Jennings' definition fails to differentiate administrative and constitutional law. While Davis' definition focuses only on judicial review and not other controls like parliamentary control. Wade's definition does not actually define administrative law. M.P. Jain's definition encompasses the structure, powers, and functions of administrative authorities as well as the methods of control and legal remedies against them.

Uploaded by

Fagun Sahni
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Definition of Administrative

Law

TOPIC 1
EVOLUTION, NATURE AND SCOPE

Ms. Ipsita Ray, Symbiosis Law School, NOIDA


Sir Ivor Jennings

 “Administrative law is the law relating to the


administration. It determines the organization,
powers and duties of administrative authorities.”
 Massey criticizes this definition because it fails to
differentiate administrative and constitutional law. It
lays entire emphasis on the organization, power and
duties to the exclusion of the manner of their exercise.
 This definition does not give due regard to the
administrative process, i.e. the manner of agency
decision making, including the rules, procedures and
principles it should comply with.

Ms. Ipsita Ray, Symbiosis Law School, NOIDA


A.V Dicey

 Administrative Law relates to that portion of a


nations legal system which determines the legal
status and liabilities of all state officials, secondly, it
defines the rights and liabilities of all private
individuals in their dealings with public officials, and
thirdly, specifies the procedure by which those rights
and liabilities are enforced.
 Dicey was obsessed with Rule of Law and thus could
not appreciate other means of control.

Ms. Ipsita Ray, Symbiosis Law School, NOIDA


K. C. Davis

 "Administrative law as the law concerning the


powers and procedures of administrative
agencies, including especially the law governing
judicial review of administrative action".
 The definition does not include other equally
important controls e.g Parliamentary control of
delegated legislation, control through administrative
appeals and revisions.

Ms. Ipsita Ray, Symbiosis Law School, NOIDA


William Wade

 Administrative Law is the law relating to the control


of governmental power.
 The statement does not define administrative law.
 It does not deal with the powers and duties of
administrative authorities nor with the procedure
required to be followed by them.

Ms. Ipsita Ray, Symbiosis Law School, NOIDA


M P Jain

 Administrative Law deals with the structure, powers


and functions of the organs of administration, the
limits of their power, the methods and procedures
followed by them in exercising their powers and
functions, the methods by which their powers are
controlled including the legal remedies available to a
person against them when his rights are infringed by
their operation.

Ms. Ipsita Ray, Symbiosis Law School, NOIDA

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