IAS (Admin.) Mains Public Administration Administrative Law-Meaning, Scope and Significance Study Material (Page 1 of 2)

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Dicey on Administrative Law

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Dicey on Administrative Law
  • AV Dicey was a British jurist and constitutional theorist who popularized the term ‘rule of law’ .
  • The principles he expounded went on to become a part of the un-codified British Constitution.
  • In his first major work at Oxford, he outlined principles of parliamentary sovereignty for which he is most known.
  • He argued that the British Parliament was an absolutely sovereign legislature with the right to make or unmake any law.
  • He defined the term constitutional law as “all rules which directly or indirectly affect the distribution or the exercise of the sovereign power in the state.”
  • Dicey was politically …

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Delegated Legislation

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Delegated Legislation
  • According to the Indian Constitution, the legislature is the primary law-making body in the country.
  • Its primary functions are to determine a legislative policy and to frame it as a rule of conduct.
  • Such law-making powers cannot be conferred upon other institutions but owing to the fact that India is a massive place, central or state legislature cannot handle everything singlehandedly.
  • Delegated legislature is one of the essential elements of administration whereby the executive has to perform certain legislative functions.
  • However, one must not forget the risk associated with the process of delegation.
  • Very often, an overburdened legislature may unduly exceed the limits of delegation…

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