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Published byClyde Thompson Modified over 8 years ago
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Last Topic - Constitution Constitution History Fundamental Rights
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Factor responsible for development of Administrative Law Certain reasons and factors are responsible for the rapid growth of Administrative law in 20th century
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Factor responsible ……… 1. Changed relations of Authorities and Citizens 2. Origin of Welfare State Concept 3. Inadequacy of the Legislations 4. Shortage of Courts 5. Technical Experts are with Administrative Organs 6. Union of both Administrative & Judicial Function
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Factor responsible ……… 7. The Judicial System Proved Inadequate 8. Pressure upon parliamentary time 9. Technicality 10. Flexibility 11. Experiment 12. Emergency 13. Complexity of modern administration
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Changed relations of Authorities and Citizens Present set up of the Administration with the public authorities & citizens have been deeply changed
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Changed relations …….. Today in most of the states there is a democratic Administration of either type
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Changed relations …….. Changing relations, the basic structure of the legal set up needs to be rearranged
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Origin of Welfare State Concept According to the doctrine of welfare the basic objective of the State Administration is to achieve maximum Welfare of the masses
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Origin of Welfare …….. The theory of increasing functions of the state has been accepted by almost all
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Origin of Welfare …….. Hence the branch known as the Administrative Law has been developed
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Inadequacy of the Legislations At present there are several drawbacks in the present Legislations
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Inadequacy of ……. It is very difficult to accommodate the new Administrative machinery in the existing legislations
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Inadequacy of …….. In order to meet the expanding needs of changed social, economic characterized problems Administrative Law was necessary
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Shortage of Courts The present courts are overburdened with the huge work
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Shortage ……. It is almost impossible for the present set of courts to solve the ever crowded problems of Administration along with its own
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Shortage ……. Hence separate Branch of Law for the problems of Administration and hence this new Branch has been developed
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Technical Experts are with Administrative Organs At present all the technical experts are with the Administrative organs
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Technical Experts …… It is really wise creating new and coordinating branch of law i.e. Administrative law
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Technical Experts …… We may say that they act as an impartial arbitrator, and hence there is a need of separate Administrative Law
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Union of both Administrative & Judicial Function As per the Principle of separation of powers the organ of Administration have been proposed and created
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Union of both ……. The Executive, the Legislative and Judiciary are these three organs which are functioning separately
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Union of both ……. In order to co-ordinate both Administrative Law for Administrative Organs
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The Judicial System Proved Inadequate The Judicial System Proved is slow, costly inexpert, complex and formalistic
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The Judicial …… it is not possible to expect speedy disposal of even very important matters
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The Judicial …… Industrial tribunals and labour courts were established which possessed the techniques and experts to handle these complex problems
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Pressure upon parliamentary time It is not possible for the legislature to devote sufficient time to discuss all the matters in detail
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Pressure upon ….. Overcome this problem the Development of Administrative Law was obligatory
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Technicality Sometimes, subject matter of legislation is technical in nature
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Flexibility A legislative amendment is a slow and cumbersome process
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Flexibility …. By empowering the administration the executive can meet the situation matters like bank rate, police regulations, export and import, foreign exchange etc
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Experiment The practice of delegated legislation enables the executive to experiment
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Emergency Sometimes imediate remedial actions are necessary which may not be possible by lengthy legislative process
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Complexity of Modern Administration The complexity of modern administration it is necessary to resort to new forms of legislation
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Complexity of …. It is necessary that the administration should be given sufficient power to implement such policy so that immediate action can be taken
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Final Glance The reason behind the growing importance of Administrative law is the assumption by the Administrative authorities of very wide powers including legislative and judicial which was the result of the social welfare state
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Next Topic - Features of Administrative Law Meaning Context Functions
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