Dicey on Administrative law

According to A.V. Dicey, a part of a nation’s legal system, called administrative law, specifies and determines the duties and legal status of all state officials. It also defines the rights and responsibilities of private individuals in their dealings with public officials. 

Administrative law specifies the methods and procedures for implementing or enforcing those rights and liabilities.

Albert Venn Dicey famously denied the existence of administrative laws in England and even denied the possibility of administrative law in all those countries that followed English laws.

The definition of administrative law put down by Dicey has some imperfections.

Administrative Law According to Dicey

Albert V. Dicey defined administrative law as the law concerning the powers and procedures of administrative agencies. It especially involves the law governing judicial review of administrative actions. 

He defined administrative law as that portion of a nation’s legal system, which determines the status and liabilities of all state officials and private individuals in dealings with public officials, and which specifies the procedure by which those rights and liabilities can be enforced.

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Drawbacks of Dicey’s Definition

• It doesn’t cover many aspects, such as the study of administrative processes and the examination of various powers and functions of administrative authorities
• The definition proposed by Dicey focuses only on one aspect of administrative law, that is, judicial control of public officials

Aims and Attributes of Administrative Law

• Administrative law specifies the administrators’ powers
• It specifies the processes to be followed by the administration to implement and use the powers
• It has methods that limit the use of administrators’ powers
• It mentions how an individual suffering from an administrator’s illegal actions can get help

Administrative law subordinates the common law, rights of the personnel freedom and private property to the conception of social welfare.

Instead of cut and dried legal rules’ appliance, administrative law lays down many flexible standards to apply to cases.

In addition to the ordinary courts, in France, there used to be administrative courts, which were charged with wing controversies mainly having claims against the State, and they apply a body of law separate and distinct from that of the civil law.

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Administrative Law and the Rule of Law: Difference

• Suppose a guilty party has not been established in a duly constituted court of law and in accordance with a duly constituted procedure “Habeas corpus” and in that case, that person shall not be detained
• The rule of law implies equality before the law
• Individuals, considered to be the ordinary public, should not take the law into their hands
• By providing powers to public authorities, administrative law puts them in an advantageous position over private individuals

Important Functions of Administrative Law

Administrative law decides the functions of the administrative systems, the powers they can possess and the limitations on those powers.

• Administrative law primarily consists of finding ways to keep administration within a limit so that the powers of administrators don’t become arbitrary powers
• Administrative law provides fair procedures to minimise arbitrariness on the part of the administration
• It replaces the rule of law in place of discretion as far as possible

Administrative Law in India

Administrative law in India is meant to control and regulate administrative actions by controlling delegated legislation. It subjects the discretionary actions to judicial review.

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Administrative Law and Constitutional Law

• A constitution is the supreme law of the country (India)
• No law is above the Constitution of India, and hence, every law must satisfy the provisions specified by the Constitution of India and must not be in its violation
• Even though the constitution includes all branches of law and deals with general principles relating to powers and organisations of the various organs of the State, administrative law deals only with the powers and functions of the administrators

In summary, administrative authorities should prioritise the constitution and work as per the administrative laws.

Conclusion

The administrative law gives administrators a privileged status against normal citizens, even with limited power. It has become an integral part of the structure of every country. It is a negation of the rule of law. By administrative law, discretionary powers are given to the civil servants to take advantage of a few portions. Instead of thinking of administration laws as a limitation, methods should be found to overcome those limits. Increment in the overall social consciousness among the citizens is a good step in this direction. Reducing the discretionary power of officials and effective implementation of the rule of law can help overcome the shortcomings of administrative law.