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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- 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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- 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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