a. Meaning of Administrative Law
The word administration comes from the Latin word ad+ ministiare which means to help, to manage, to control, to direct, to serve, to minister etc. Administrative law is the compilation of general principles that directs or controls the use of public authorities.
It is very difficult to have a scientific, systematic, and satisfying definition of administrative law. Some define administrative law as a law to control the right and power of the government whereas others define administrative law as a law to protect individual rights. Source: Shyam Kumar Bhattarai, ‘Administrative Law Content and Context’, Sopan Monthly Makalu Publication House, 2020, pp. 1
Administrative law is regarded as the area of law concerned with the control of governmental powers, powers which originate in primary legislation or in the prerogative. In France, Italy, Germany and several other countries there is a separate system of administrative courts which deals with the administrative cases exclusively. Source: Laxmi Prasad Kharel, ‘Principle and practice of Administrative Law: Nepali Perspective’, Kharel Kanuni Sewa Tatha Anusandhan Kendra, 2023, p.1-2.
The essential components of administrative law are: -
- Planning
- Organizing
- Staffing
- Initiating
- Delegating
- Directing
- Overseeing
- Co-ordinating
- Evaluating
- Motivating
Administrative law is one of the most important and significant branches of public law. It is the law relating to public administration and control of governmental power. The primary purpose of administrative law is to keep the powers of the government within their legal bonds, to protect the citizens against their abuse. Source: H.W.R Wade & C.F. Forsyth, ‘Administrative Law’, Oxford University Press,2003, p. 3
The word administrative denotes the limitations, actions, and procedures of public administration. Administrative means relating to the management of the affairs.
Growth of Administrative Law: - Administrative Law has been described by Vanderbilt as the most “outstanding legal development of the twentieth century.” Administrative law is as old as administration itself because it necessarily follows organized administration.
Definition of Administrative Law: -
According to Keeneth Culp Davis, ‘Administrative Law is the law concerning the powers and procedures of administrative agencies, especially the law governing judicial review of administrative action’.
A.V. Dicey has defined administrative law as that portion of a nation’s legal system which determines the legal status and liabilities of all State officials, which defines the rights and duties of private individuals in their dealings with public officials and which specifies the procedures by which their rights and liabilities are enforced.
According to Sir Ivor Jennings, administrative law is the law relating to the administration. It determines the organization, power and duties of administrative authorities.
According to R. Dayal, administrative law is the law which governs the relationship between the state and the individuals.
According to Garner, administrative law contains those rules which are recognized by the courts as law and which relates to and regulates the administration of the government.
According to W.H.R Wade administrative law is the law relating to the governmental powers and concerned with the operation and control of the power of administrative authorities which emphasis on functions rather than structure.
