There are so many factors but among them, this is the main Reasons for growth of the Administrative Law.
- The concept of a welfare state
- The inefficiency of Judiciary
- The inadequacy of legislature
- Scope for the experiment
- Other reasons
This is the main reason for the growth of administrative law, Let’s see it all into the details.
Learning Outcomes
The concept of a welfare state
→ The philosophy of the role played by the state has changed radically
- The policy of maintaining law and order and of “laissez-faire”, This Negative policy has radically changed.
The state has not limited its scope to the traditional and minimum functions of defence and administration of justice but has adopted a positive policy and undertaken various functions as a welfare state.
- The state has not confined its scope to the traditional and minimum, functions of defence and justice administration, but has adopted a positive policy and has performed various functions as a welfare state.
Mainly the States changed their nature from laissez-faire to that of a welfare state, So that government activities increased and thus the need to regulate the same. Thus, this branch of law developed.
The inefficiency of Judiciary
- The judicial system of the state was not sufficient to decide and settle all types of disputes which is arise
The adjudication system was slow, costly, inept, complex and formalistic. The judicial system was already overburdened and So It was not possible to expect speedy disposal of even very important matters.
Example
- disputes between employers and employees,
- lockouts,
- strikes, etc.
These burning problems could not be solved by literally interpreting the provisions and rules of some statute. It required to consider various other factors and it could not be done by the ordinary courts of law.
- Therefore, labour courts and industrial tribunals were established, which possessed the techniques and expertise to handle these complex disputes and problems.
The judicial procedure of adjudicating disputes is very costly, slow, complex and formal. Furthermore, there are so many cases already there so speedy disposal of those suites is not possible. Hence, the need for tribunals arose.
The inadequacy of legislature
- The legislative process was also inadequate. Legislature had no time and technique to deal with all the details. It was impossible for the legislature to lay down detailed procedures and rules.
If their detailed provisions were laid down by the legislature then also it was found to be defective and inadequate,
Example
- rate fixing.
Hence, there is a need to delegate some powers to the administrative authorities and administrative agencies
- There is a main limitation for that is The legislature has no time to legislate upon the day-to-day ever-changing needs of the society.
Even if it does, the lengthy and time-taking legislating procedure would render the rule so legislated of no use as the needs would have changed by the time the rule is implemented.
- Therefore, the executive is given the power to legislate and use its discretionary powers. Consequently, when power is given, there is a need to regulate it.
Scope for the experiment
- There is scope for experiments in administrative procedures.
Here, unlike in legislation, no rule is required to continue until the next session of the Legislature begins. Here a rule can be made, tried for a while and if it is defective, can be changed or modified in a short time. So, the legislation is rigid, while the administrative process is flexible.
- Admin law is not a codified law. So there is a scope of modifying it as per the requirement of the State. So, Admin law is more flexible. The rigid legislating procedures do not need to be followed frequently.
Other reasons # Reasons for growth of the Administrative Law
The administrative authorities can avoid technicalities. Admin law represents functional or practical rather than a theoretical and legalistic approach.
- The traditional judiciary system is technical conservative and rigid. It is not possible for courts to decide cases and disputes without Technicality and formality.
Administrative tribunals are not bound by rules of evidence and procedure and So, they can take a practical view of the cases to decide complex disputes and problems.
- Administrative Authorities can take preventive measures,
Examples
- licensing,
- rate-fixing, etc.
Unlike regular courts of law, they do not have to wait for parties to come before them with matters. In many cases, These preventive measures can be more effective and useful than punishing those who breach the law
- Administrative Authorities can take these effective steps for the enforcement of the preventive measures
Example
- suspension,
- revocation and
- cancellation of licenses,
- destruction of contaminated articles, etc.,
→ which are not generally available through regular courts of LAW.
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