What is Administrative Law & Why it Grew — KSLU Administrative Law Notes

What is Administrative Law & Why it Grew

Administrative law is the branch of public law that governs the organisation, powers, duties and functions of administrative authorities and the remedies available when those powers are abused. Its concern is not the substance of policy but the legality, fairness and reasonableness of the way administrative power is exercised. Its principal sources are the Constitution, statutes, delegated legislation, and judge-made law (precedent).

flowchart TD
    A["Why did Administrative Law GROW?"]:::root
    A --> B["Shift from laissez-faire<br/>to a WELFARE STATE"]:::leaf
    A --> C["Legislature lacks time &<br/>technical expertise -> delegation"]:::leaf
    A --> D["Ordinary courts slow & costly<br/>-> tribunals & quick remedies"]:::leaf
    A --> E["Need for flexible, preventive,<br/>expert regulation"]:::leaf

    classDef root fill:#FFF8DC,stroke:#333,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Dicey’s Rule of Law rests on three pillars: (1) supremacy of law — no one is punished except for a breach of law established before ordinary courts; (2) equality before the law — all, including officials, are subject to the ordinary law and ordinary courts; (3) the constitution is the result of the ordinary law (rights flow from judicial decisions, not a written charter). In India the Rule of Law is a part of the basic structure (Indira Nehru Gandhi v. Raj Narain) and finds expression in Article 14, but Dicey’s rejection of a separate body of administrative law (droit administratif) has not been accepted — India has tribunals and a developed administrative law of its own.