concept of rule of law in administrative law
RULE OF LAW: A DETAILED ANALYSIS
Meaning and Concept of ‘Rule of Law’ The concept of ‘Rule of Law’ is a building block of our modern democratic society This term is nowhere defined in the Indian Constitution but has been often used by the Indian Judiciary in their judgments |
What is rule of law in administrative law?
Introduction: Rule of law is classical principle of administrative law. As a matter of fact this principle was one of the principles that acted as impediment development of Administrative Law principles. The irony further is that the rule of law is now an important part of modern Administrative Law.
Is modern administrative law a consequence of development of administration?
In fact the development of modern Administrative law is consequence of development of administration and its side effects. Objective of Paper: In this paper I am going to critically examine the pros and cons of modern administrative law in terms of balance of efficiency and bureaucracy.
Are administrative law practices grounded in rule-of-law values?
Evaluating administrative law through the lens of these five dimensions of the rule of law exposes some long-established practices as having troublesome rule-of-law foundations and reveals that other contested practices are well grounded in rule-of-law values.
What are the five principles of administrative law?
It identifies five principles—authorization, notice, justification, coherence, and procedural fairness—which provide a framework for an account of the rule of law’s demands of administrative governance. Together these principles have intriguing results for the evaluation of administrative law.
Introduction
The rule of law, like democracy, is one of our most basic political commitments.1 See Jeremy Waldron, The Rule of Law and the Importance of Procedure [hereinafter Waldron, Importance of Procedure], in Getting to the Rule of Law 3, 3 (James E. Fleming ed., 2011) [hereinafter Getting to the Rule of Law] (noting rule of law’s place among “constellatio
I. The Dimensions of The Rule of Law
This Part provides a brief account of the ideal of the rule of law and its underlying purposes, and then turns to describe five dimensions of the rule of law particularly salient for assessing administrative governance. The rule of law retains a place at the center of our political morality; it is an ideal, like democracy, that sits among a small c
II. Rule-Of-Law Principles For Administrative Governance
The question to ask now—with aid from Professor Strauss—is how we can specify these general rule-of-law principles in the context of administrative governance. In what ways are these principles applied in our administrative law? In what way do they ground arguments for an account of that law? This Part takes on that task organized around the five d
Conclusion
Law provides benefits to society but also poses risks. Some view those risks as amplified when courts or administrative agencies conceive their roles too broadly. Professor Strauss views those risks as amplified when courts and agencies conceive their roles too narrowly. This assessment is not fundamentally grounded in an expansive view of the size
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Rule Of Law Administrative Law
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Administrative Law
Case Law in Brief: The Standard of Review (taken from Vavilov in
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