Law Administrative Principles
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Questions and Answers

What is the primary objective of administrative law according to the text?

  • Ignore the principles of the Constitution
  • Promote authoritarianism
  • Encourage arbitrary decision-making
  • Establish a rule of law society based on fairness and justice (correct)

    • Which constitutional articles are mentioned as the source from which principles of administrative law emerged?

  • Articles 16 and 17
  • Articles 14 and 21 (correct)
  • Articles 32 and 35
  • Articles 44 and 48

    • According to Holland and Maitland, is administrative law considered separate from Constitutional law?

  • Yes, it is completely separate
  • Administrative law doesn't relate to Constitutional law
  • It depends on the country's legal system
  • No, it is not considered separate (correct)

    • What does administrative law primarily deal with?

    <p>Law relating to administration and the foundation of the administration</p> Signup and view all the answers

    Which entities fall under the scope of administrative law as mentioned in the text?

    <p>Governmental organizations and public bodies</p> Signup and view all the answers

    According to Ivor Jennings, what is the subject matter of administrative law?

    <p>Public administration</p> Signup and view all the answers

    What is the main object of Administrative Law?

    <p>Safeguarding individual rights</p> Signup and view all the answers

    Which term is used to describe the emerging branch of Administrative Law that deals with global influences?

    <p>Global Administrative Law</p> Signup and view all the answers

    According to Kenneth Culp Davis, what does Administrative Law primarily concern?

    <p>Powers and procedures of administrative agencies</p> Signup and view all the answers

    What has led to the increased importance of Rule of law and Judicial review in India?

    <p>Welfare state initiatives</p> Signup and view all the answers

    Which aspect of Administrative Law is emphasized by some jurists as fostering participation in decision-making processes?

    <p>Fostering participation</p> Signup and view all the answers

    In the context of India, what did the Law Commission observe regarding the need for Rule of law enforcement?

    <p>It is vital to prevent executive overreach</p> Signup and view all the answers

    What effect has liberalization, privatization, and globalization had on the development of Administrative Law in India?

    <p>Introduced new international dimensions</p> Signup and view all the answers

    'Global Administrative Law' refers to the influence of which international organization on domestic administrative practices?

    <p>'World Trade Organization (WTO)</p> Signup and view all the answers

    'Administrative law is made up not only of legislative and executive rules but also of what other key component?'

    <p>Functional formulations</p> Signup and view all the answers

    What aspect of Administrative Law did early English writers fail to differentiate from Constitutional Law?

    <p>Rule application</p> Signup and view all the answers

    What is the main reason for the growth of administrative law in the 20th century?

    <p>The increase in governmental functions and powers</p> Signup and view all the answers

    In the text, what is NOT mentioned as a function of the modern State?

    <p>Controlling the media</p> Signup and view all the answers

    Why is administrative law considered a major area for study and research?

    <p>Because administration impacts every aspect of an individual's life</p> Signup and view all the answers

    What was the role of the State characterized as before the 20th century?

    <p>Law and order state</p> Signup and view all the answers

    What effect did the philosophy of welfare state have on democracies?

    <p>Increased state activism</p> Signup and view all the answers

    What is one of the categories into which the functions of a modern state can be broadly placed according to the text?

    <p>State as protector</p> Signup and view all the answers

    What historical development led to the emergence of administrative law as a separate branch of legal discipline?

    <p>The advent of independence</p> Signup and view all the answers

    Why has administrative law assumed a more recognizable form in the present century?

    <p>Because it has come to be identified as a separate branch of public law</p> Signup and view all the answers

    What are some functions attributed to modern states?

    <p>Ensuring social security and welfare for citizens.</p> Signup and view all the answers

    What does Davis consider an administrative agency to be?

    <p>A governmental authority that affects the rights of private parties through either adjudication or rulemaking</p> Signup and view all the answers

    According to Wade, what is the primary objective of administrative law?

    <p>To keep the powers of the government within their legal bounds and protect citizens against abuse</p> Signup and view all the answers

    In the UK, where does the bulk source of administrative law come from?

    <p>Customary practices followed in administration</p> Signup and view all the answers

    What does Garner describe as Administrative law?

    <p>Rules recognized by courts as law related to and regulating government administration</p> Signup and view all the answers

    Which aspect of Administrative law is Professor Upendra Bakshi of India particularly concerned with?

    <p>Protection of individuals from arbitrary exercise of public power</p> Signup and view all the answers

    What does Griffith and Street identify as one function of Administrative law?

    <p>Controlling and operating administrative authorities</p> Signup and view all the answers

    According to Casey Davis, what does Administrative law primarily relate to?

    <p>The proper procedure followed by administrative agencies</p> Signup and view all the answers

    How does Griffith and Street define the main object of administrative law?

    <p>Operation and control of administrative authorities</p> Signup and view all the answers

    What is the difficulty in accepting Davis' definition according to the text?

    <p>It excludes non-adjudicative but administrative functions.</p> Signup and view all the answers

    How does Wade describe administrative law?

    <p>As law relating to controlling governmental power.</p> Signup and view all the answers

    What are the four basic bricks of the foundation of administrative law as mentioned in the text?

    <p>Rulemaking, Quasi-judicial action, Ministerial action, Statute itself</p> Signup and view all the answers

    What concept is used in contradiction to 'Rule of man' according to the text?

    <p>Rule of law</p> Signup and view all the answers

    Which principles are the basis for the idea of the rule of law as described in the text?

    <p>Freedom, Non-arbitrariness, Accountability</p> Signup and view all the answers

    What does the rule of law represent according to the text?

    <p>Values</p> Signup and view all the answers

    What is the main idea behind the concept of accountability mentioned in the text?

    <p>Justification of public power</p> Signup and view all the answers

    What does Lord Denning suggest about the new powers of the executive according to the text?

    <p>Lead to Welfare State when properly exercised and Totalitarian State when abused</p> Signup and view all the answers

    Which act in the USA regulates administrative procedure as per the text?

    <p>'Administrative Procedure Act, 1946'</p> Signup and view all the answers

    What should every exercise of power depend on for its validity?

    <p>'This ideal'</p> Signup and view all the answers

    'Rule of law' is a modern name for which concept as per the text?

    <p>'Natural law'</p> Signup and view all the answers

    'Forms of accountability may differ' but what must remain the same according to the text?

    <p>'Justification of public power'</p> Signup and view all the answers

    What are the main sources of administrative law in India in the absence of legislations?

    <p>Rules, regulations, orders, notifications, bye-laws, schemes, governmental resolutions</p> Signup and view all the answers

    Which legislation provides for the establishment of national tribunals, industrial tribunals, and labour courts in India?

    <p>Industrial Disputes Act, 1947</p> Signup and view all the answers

    How do English and American authors view the distinction between Constitutional law and Administrative law?

    <p>As one of degree, convenience, and custom rather than of logic and principle</p> Signup and view all the answers

    According to Maitland, what does Constitutional law primarily deal with compared to Administrative law?

    <p>Structure and broader rules that regulate functions</p> Signup and view all the answers

    What does Keith remark about distinguishing administrative law from Constitutional law?

    <p>&quot;It is logically impossible to distinguish administrative law from Constitutional law...&quot;</p> Signup and view all the answers

    What does Administrative Law deal with in terms of powers and their exercise by authorities?

    <p>Powers of the administrative authorities, their exercise, and available remedies for abuse</p> Signup and view all the answers

    What is the main focus of Constitutional law compared to Administrative law in India?

    <p>General principles relating to the organization and power of the legislature, executive, and judiciary</p> Signup and view all the answers

    What is one of the key challenges when reconciling social welfare with individual rights according to the text?

    <p>The execution of government programs may impact individual rights adversely.</p> Signup and view all the answers

    What is a reason given in the text for not having a comprehensive legislation on administrative law in India?

    <p>Different legislations provide varied procedures and powers for functioning of tribunals.</p> Signup and view all the answers

    According to Hood Phillips, what aspect does Constitutional law focus on compared to Administrative law?

    <p>Organization and functions of Government at rest.</p> Signup and view all the answers

    What did Dicey highlight as the main difference between the English legal system and that of France?

    <p>The role of judiciary in enforcing individual rights in England</p> Signup and view all the answers

    According to Dicey, how are rights like personal liberty secured more adequately in England compared to countries with written Constitutions?

    <p>Through judicial decisions in concrete cases enforced by courts of law</p> Signup and view all the answers

    Why did Dicey criticize the French legal system of droit-administratif?

    <p>For providing civil servants with special protections</p> Signup and view all the answers

    What did Dicey assert would jeopardize an individual's rights?

    <p>Restrictions on access to ordinary courts of law</p> Signup and view all the answers

    In what way did Dicey view the transference of authority to administrative authorities?

    <p>As a violation of the rule of law</p> Signup and view all the answers

    What did Dicey fear would render a written Constitution meaningless?

    <p>Amendments to the Constitution</p> Signup and view all the answers

    What is one of the basic principles of the English Constitution mentioned in the text?

    <p>Doctrine of Natural Law</p> Signup and view all the answers

    Who developed the theory of Rule of Law in his classic work 'The Law and the Constitution'?

    <p>Dicey</p> Signup and view all the answers

    According to Dicey, what does the second principle of Rule of Law imply?

    <p>Equal subjection of all classes to law</p> Signup and view all the answers

    What term is used to describe a government based on principles of law and not men?

    <p>La Principe de Legalite</p> Signup and view all the answers

    Which concept infuses law with moral qualities according to the text?

    <p>Rule of Law</p> Signup and view all the answers

    Who was the originator of the concept that the King should be under God and the Law, establishing the supremacy of law against the executive?

    <p>Coke</p> Signup and view all the answers

    According to Davis, what has been a principal doctrinal barrier to the development of the administrative process?

    <p>The doctrine of Separation of Powers.</p> Signup and view all the answers

    In which work did Dicey develop his theory on Rule of Law?

    <p>The Law and the Constitution.</p> Signup and view all the answers

    What is considered as one of the eternal values of Constitutionalism and an inherent attribute of democracy according to the text?

    <p>The Rule of Law.</p> Signup and view all the answers

    Which constitutional articles are considered the source from which principles of administrative law emerged?

    <p>Articles 14 and 21</p> Signup and view all the answers

    What is the primary focus of administrative law as described in the text?

    <p>Defining the organization, functions, powers, and duties of administrative authorities</p> Signup and view all the answers

    What is a significant development that led to the growth of administrative law in the 20th century?

    <p>The rapid growth of public administration</p> Signup and view all the answers

    Which concept, according to the text, infuses law with moral qualities?

    <p>Rule of law</p> Signup and view all the answers

    What is a reason given in the text for not having a comprehensive legislation on administrative law in India?

    <p>The text does not provide a reason</p> Signup and view all the answers

    Which entity's influence on domestic administrative practices is referred to as 'Global Administrative Law'?

    <p>The text does not mention this term</p> Signup and view all the answers

    What does the opening statement suggest about the growth of administrative law in the 20th century?

    <p>It has become more articulate and definite as a system.</p> Signup and view all the answers

    How has the role of the State evolved in modern times according to the text?

    <p>State is involved in social welfare, industrial regulation, and more.</p> Signup and view all the answers

    What was the predominant role of the State before the 20th century?

    <p>Maintaining law and order and defending the country.</p> Signup and view all the answers

    What distinguishes administrative law from Constitutional law according to the text?

    <p>Administrative law deals with governmental functions.</p> Signup and view all the answers

    What led to the rapid growth of administrative law in modern times?

    <p>Growth of administrative powers and functions.</p> Signup and view all the answers

    How do the functions of a modern state categorically align according to the text?

    <p>Protector, provider, entrepreneur, economic controller, arbitrator.</p> Signup and view all the answers

    In what way did the philosophy of a welfare state affect democracies according to the text?

    <p>'<strong>State activism</strong>' increased in democracies.</p> Signup and view all the answers

    Why is administrative law considered a major area for study and research?

    <p>Owing to its broad scope and impact on an individual's life.</p> Signup and view all the answers

    What is one key aspect that characterizes the role of the State in modern times?

    <p>Providing every aspect of human life from health to education.</p> Signup and view all the answers

    What is the main object of Administrative Law according to the text?

    <p>Protecting individual rights</p> Signup and view all the answers

    According to Kenneth Culp Davis, what does Administrative Law primarily concern?

    <p>Judicial review of administrative actions</p> Signup and view all the answers

    Why is it difficult to come up with a precise definition of Administrative Law according to the text?

    <p>Because definitions include more than necessary or are too narrow</p> Signup and view all the answers

    Which area of law ensures that administration effectively performs its tasks as assigned?

    <p>Administrative Law</p> Signup and view all the answers

    What does Kenneth Culp Davis exclude from the domain of Administrative Law?

    <p>Rule Application</p> Signup and view all the answers

    What are the entities that Administrative Law touches, besides all branches of government, according to the text?

    <p>Administrative and quasi-administrative agencies</p> Signup and view all the answers

    What is the main emphasis of some jurists regarding Administrative Law's principal objective?

    <p>Fostering participation in decision-making processes</p> Signup and view all the answers

    'Global Administrative Law' primarily deals with which global organization's influence on various countries?

    <p>World Trade Organization (WTO)</p> Signup and view all the answers

    'Global Administrative Law' is a branch of administrative law that particularly addresses what aspect?

    <p>'WTO' guidelines on global operations</p> Signup and view all the answers

    What is the main source of administrative law in India in the absence of legislation?

    <p>Rules, regulations, orders, notifications, etc.</p> Signup and view all the answers

    According to Maitland, what is the main difference between Constitutional law and Administrative law?

    <p>Constitutional law regulates the structure while Administrative law regulates the functions.</p> Signup and view all the answers

    What does Keith suggest regarding the distinction between Constitutional law and Administrative law?

    <p>It is a matter of degree, convenience, and custom.</p> Signup and view all the answers

    How does Wade differentiate between Constitutional law and Administrative law?

    <p>Constitutional law focuses on functions at rest while Administrative law focuses on functions in motion.</p> Signup and view all the answers

    What does Davis emphasize as the primary concern of Administrative Law?

    <p>Regulating governmental administrative bodies</p> Signup and view all the answers

    In India, which legislation establishes tribunals like national tribunals and industrial tribunals?

    <p>Industrial Disputes Act, 1947</p> Signup and view all the answers

    'Administrative Law' primarily deals with which aspect of governmental operations?

    <p>Functions and powers of administrative authorities</p> Signup and view all the answers

    Which statement reflects the relationship between Constitutional law and Administrative law?

    <p>'Constitutional law' and 'Administrative law' are interrelated but distinct fields.</p> Signup and view all the answers

    'Global Administrative Law' has implications on which aspect of governance?

    <p>'Global Administrative Law' affects domestic administrative practices.</p> Signup and view all the answers

    'Rule of Law' primarily emphasizes what concept?

    <p>'Rule of Law' emphasizes adherence to legal principles over arbitrary decisions.</p> Signup and view all the answers

    What is the main concern highlighted by Lord Denning regarding the executive's powers?

    <p>Avoiding abuse of power</p> Signup and view all the answers

    What are the basic bricks of the foundation of administrative law?

    <p>Rulemaking, quasi-judicial action, ministerial action, and administrative action</p> Signup and view all the answers

    What is the primary focus of administrative law as per the provided text?

    <p>Controlling governmental powers</p> Signup and view all the answers

    How does the concept of 'rule of law' contrast with 'Rule of man'?

    <p>Based on accountability vs. arbitrary power</p> Signup and view all the answers

    What is the central idea behind the concept of accountability as described in the text?

    <p>Public justification for power exercise</p> Signup and view all the answers

    What does the concept of 'rule of law' imply based on its description in the text?

    <p>Legal structure based on moral principles</p> Signup and view all the answers

    What distinguishes the rule of law from mere existence of laws?

    <p>'Rule according to law' principle</p> Signup and view all the answers

    Which concept aims at diminishing arbitrary power to safeguard individual rights?

    <p>'Separation of powers'</p> Signup and view all the answers

    What does the doctrine of separation of powers contribute to as per the text?

    <p>'Progressive diminution' of arbitrary power for individual rights protection</p> Signup and view all the answers

    'Rule according to law' contrasts with 'Rule of law' primarily in terms of:

    <p>'Legalistic interpretation vs. moral principles'</p> Signup and view all the answers

    What is the fundamental basis of administrative law, as per the text?

    <p>Doctrine of Rule of Law</p> Signup and view all the answers

    According to Dicey, what does the Rule of Law imply in terms of special privileges?

    <p>No person should have special privileges</p> Signup and view all the answers

    What is the historical origin of the term 'Rule of Law' according to the text?

    <p>Jus Naturale in Roman times</p> Signup and view all the answers

    What does the Rule of Law aim to balance in a society?

    <p>Powers and Responsibilities</p> Signup and view all the answers

    According to Davis, what has been a significant barrier to the development of the administrative process?

    <p>'Doctrine of Separation of Powers'</p> Signup and view all the answers

    In Dicey's concept, what does the 'equal subjection to ordinary law' imply?

    <p>&quot;All classes must be subject to the same law&quot;</p> Signup and view all the answers

    What did Sir Edward Coke establish in relation to the King and the Law?

    <p>'Supremacy of law against executive'</p> Signup and view all the answers

    'Rule of Law' can be best described as a doctrine focusing on:

    <p>'State political morality'</p> Signup and view all the answers

    What is considered a key characteristic of the Rule of Law?

    <p>'Equality before law'</p> Signup and view all the answers

    'Rule of Law' is seen as a new 'Lingua franca’ representing:

    <p>'Global moral thought'</p> Signup and view all the answers

    What does Wade consider as the primary objective of administrative law?

    <p>To prevent the abuse of powers by administrative authorities</p> Signup and view all the answers

    According to Davis, what has been a principal doctrinal barrier to the development of the administrative process?

    <p>Overemphasis on judicial control</p> Signup and view all the answers

    What does Professor Upendra Bakshi emphasize in his definition of administrative law?

    <p>Controlling the abuse of powers by administrative authorities</p> Signup and view all the answers

    According to Griffith and Street, what are the four aspects that administrative law deals with?

    <p>Composition, limits, procedure, and control of administrative authorities</p> Signup and view all the answers

    What does Garner describe Administrative law as?

    <p>Rules recognized by courts related to government administration</p> Signup and view all the answers

    What is Wade's view on the definition of Administrative Law?

    <p>'The definition should focus on the operation and control of administrative authorities.'</p> Signup and view all the answers

    What does Wade consider as a difficulty with defining Administrative law?

    <p>'Emphasizing control by judiciary without considering other controls.'</p> Signup and view all the answers

    According to Casey Davis, what is an administrative agency?

    <p>A governmental authority that affects private parties' rights through rulemaking or adjudication</p> Signup and view all the answers

    What is a key aspect missing from Garner's definition of Administrative Law?

    <p>The comprehensive inclusion of substantive laws produced by agencies</p> Signup and view all the answers

    What is the main focus according to Professor Upendra Bakshi in defining Administrative Law?

    <p>Protecting individuals from arbitrary exercise of public power</p> Signup and view all the answers

    According to Dicey, how are individual rights and personal freedoms secured more effectively in England compared to countries with written Constitutions?

    <p>By being enforceable through judicial decisions in concrete cases.</p> Signup and view all the answers

    What did Dicey criticize about the French legal system of droit-administratif?

    <p>The negation of equality by providing civil servants with special tribunals.</p> Signup and view all the answers

    What did Dicey fear would render the fundamental rights of the people futile?

    <p>Written declaration in any statute.</p> Signup and view all the answers

    Why did Dicey assert that administrative authorities exercising judicial functions undermine the rule of law?

    <p>They were not considered official 'courts'.</p> Signup and view all the answers

    How did Dicey view the transference of authority to administrative authorities in terms of the rule of law?

    <p>As a negation of equality.</p> Signup and view all the answers

    In what way did Dicey suggest that individual rights are ensured more effectively than through a written Constitution?

    <p>Through judicial decisions in specific cases.</p> Signup and view all the answers

    Why did Dicey find it problematic for civil servants to be exempt from ordinary courts?

    <p>It provided them with special privileges.</p> Signup and view all the answers

    'The Law of the Constitution' highlights which aspect of British Constitutional system?

    <p>'Source' but not 'consequence' of individual rights.</p> Signup and view all the answers

    'Written Constitution' was found problematic by Dicey because:

    <p>'Fundamental Rights' could be abrogated through amendment.</p> Signup and view all the answers

    What was Dicey's opinion regarding the role of courts in securing individual rights?

    <p>Courts played a crucial role as guarantors of liberty.</p> Signup and view all the answers

    What is the primary focus of administrative law according to the text?

    <p>Promoting fairness, reasonableness, and justice</p> Signup and view all the answers

    What is the main emphasis of some jurists regarding Administrative Law's principal objective?

    <p>To define and determine organization, functions, powers, and duties of administrative authorities</p> Signup and view all the answers

    What was the predominant role of the State before the 20th century according to the text?

    <p>Strong authoritarian control over all aspects</p> Signup and view all the answers

    What is the difficulty in accepting Davis' definition according to the text?

    <p>Excludes certain aspects from the domain</p> Signup and view all the answers

    What does Keith suggest regarding the distinction between Constitutional law and Administrative law?

    <p>Administrative law is a subset of Constitutional law</p> Signup and view all the answers

    In Dicey's concept, what does the 'equal subjection to ordinary law' imply?

    <p>'Equal subjection' refers to everyone being bound by the same legal rules</p> Signup and view all the answers

    What is the main distinction between Constitutional law and Administrative law according to Maitland?

    <p>Constitutional law focuses on general principles, while Administrative law deals with the details of functions.</p> Signup and view all the answers

    According to Hood Phillips, what does Constitutional law primarily concern?

    <p>Government at rest</p> Signup and view all the answers

    What does Keith suggest about the distinction between Constitutional law and Administrative law?

    <p>The distinction is artificial.</p> Signup and view all the answers

    In what aspect do English and American authors believe the distinction between Constitutional law and Administrative law lies?

    <p>Degree, convenience, and custom</p> Signup and view all the answers

    What is the primary focus of Constitutional law according to the text?

    <p>General principles of the organization of Government</p> Signup and view all the answers

    According to Hood Phillips, what does Administrative law primarily concern compared to Constitutional law?

    <p>Functions of Government</p> Signup and view all the answers

    What aspect of Government do both Constitutional law and Administrative law belong to?

    <p>Public law</p> Signup and view all the answers

    How does Keith differentiate between Constitutional law and Administrative law?

    <p>Constitutional law regulates functions at rest, while Administrative law regulates those in motion.</p> Signup and view all the answers

    What did Hood Phillips describe as the concern of Constitutional Law?

    <p>Powers and organization of Government at rest.</p> Signup and view all the answers

    According to Maitland, what does Constitutional Law focus on primarily compared to Administrative Law?

    <p>Structure and broader rules.</p> Signup and view all the answers

    What did Lord Denning suggest could lead to the Totalitarian State if abused?

    <p>The new powers of the executive</p> Signup and view all the answers

    In the context of administrative law, what is the primary focus of the doctrine of separation of powers?

    <p>Diminishing arbitrary power</p> Signup and view all the answers

    How does the text define the rule of law in contrast to 'Rule according to law'?

    <p>Emphasizing the supremacy of law over individuals</p> Signup and view all the answers

    What does accountability in the context of public power imply?

    <p>Public justification of power</p> Signup and view all the answers

    What concept does the rule of law represent based on the values it embodies?

    <p>Legal order that is just and reasonable</p> Signup and view all the answers

    In what manner does the concept of the rule of law differ from 'Rule according to law'?

    <p>'Rule according to law' may not ensure justice</p> Signup and view all the answers

    'Rule of Law' is described as a modern interpretation of which historical concept?

    <p>Natural law</p> Signup and view all the answers

    What is the significance of Rule of law and Judicial review in a welfare state according to the text?

    <p>Protecting individual rights</p> Signup and view all the answers

    Which aspect of Administrative Law did Kenneth Culp Davis specifically include in his definition?

    <p>Rule adjudication</p> Signup and view all the answers

    What distinguishes Administrative law from Constitutional law according to the text?

    <p>Administrative law concerns administrative agency powers and procedures.</p> Signup and view all the answers

    What does 'Global Administrative Law' primarily focus on?

    <p>Dictating guidelines on administrative subsidiaries worldwide</p> Signup and view all the answers

    What is the main objective of Administrative Law as highlighted in the text?

    <p>Protecting individual rights</p> Signup and view all the answers

    What is one of the common challenges faced in defining Administrative Law according to the text?

    <p>Narrow definitions that exclude essential ingredients</p> Signup and view all the answers

    Which branch of law has developed international dimensions with the adoption of liberalization, privatization, and globalization policies in India?

    <p>Global Administrative Law</p> Signup and view all the answers

    What aspect of government operations does 'Administrative Law' primarily deal with according to the text?

    <p>Executive actions</p> Signup and view all the answers

    What role will the emerging branch of 'Global Administrative Law' play in reconciling economic growth with social justice?

    <p>Developing new norms for Rule of law and judicial review</p> Signup and view all the answers

    What is the main challenge faced by modern states that emphasizes the need for growth in administrative law?

    <p>Total disregard for fundamental rights</p> Signup and view all the answers

    What does the text suggest about the development of administrative law in the 20th century?

    <p>It emerged as a separate branch of legal discipline only in the 20th century.</p> Signup and view all the answers

    How has the role of the State evolved in modern times according to the text?

    <p>The State now seeks to ensure social security, regulate industrial relations, and provide social welfare.</p> Signup and view all the answers

    What was the characteristic role of the State before the philosophy of welfare state emerged?

    <p>Exercising sovereign functions and maintaining law and order.</p> Signup and view all the answers

    How did laissez-faire doctrine influence society according to the text?

    <p>Led to human misery due to minimal governmental responsibility.</p> Signup and view all the answers

    What impact did the philosophy of welfare state have on the State's functions?

    <p>It led to the State assuming more functions related to social welfare and economic control.</p> Signup and view all the answers

    What has been a significant factor contributing to the growth of administrative law in modern times?

    <p>Expansion of administrative powers and functions.</p> Signup and view all the answers

    How does the text describe the role of administrative law in modern times?

    <p>Widely studied and researched due to its significance in public administration.</p> Signup and view all the answers

    What did the laissez-faire doctrine result in according to the text?

    <p>'Free enterprise' era with minimum government interference.</p> Signup and view all the answers

    How did independence change the role of the State according to the text?

    <p>'Welfare state' philosophy started being ingrained in governance.</p> Signup and view all the answers

    'Forms of accountability may differ' but what must remain the same according to the text?

    <p>'Rule of law' must remain constant across different forms of accountability.</p> Signup and view all the answers

    What did Dicey emphasize as the role of courts in guaranteeing liberty?

    <p>Enforcing individual rights</p> Signup and view all the answers

    According to Dicey, what did he fear would make fundamental rights futile?

    <p>Declaration in a document</p> Signup and view all the answers

    What was Dicey's objection to the French legal system of droit-administratif?

    <p>Providing special tribunals for government officials</p> Signup and view all the answers

    What did Dicey assert as the consequence of any encroachment on the jurisdiction of courts?

    <p>Jeopardizing personal liberties</p> Signup and view all the answers

    Why did Dicey regard the foundation of the rule of law as being slapped by the distinct administrative tribunals in France?

    <p>Transference of judicial authority</p> Signup and view all the answers

    In Dicey's view, what aspect jeopardizes an individual's rights?

    <p>Restrictions on court jurisdiction</p> Signup and view all the answers

    Why did Dicey criticize the French system regarding civil servants and legal jurisdiction?

    <p>For providing special administrative tribunals that favored officials</p> Signup and view all the answers

    What did Dicey believe would secure individual rights more adequately than a mere declaration in a document?

    <p>Enforceability in courts of law</p> Signup and view all the answers

    What did Dicey consider the consequence of having fundamental rights based on a document?

    <p>Ignoring or curtailing rights</p> Signup and view all the answers

    According to Jain and Jain, which doctrine had an intimate impact on the development of Administrative Law in the USA?

    <p>Doctrine of Separation of Powers</p> Signup and view all the answers

    In the context of Administrative Law, what did Sir Edward Coke successfully establish against the executive?

    <p>Supremacy of the Law</p> Signup and view all the answers

    Which term is derived from the French phrase 'la principe de legalite' and refers to a government based on principles of law?

    <p>Rule of Law</p> Signup and view all the answers

    Dicey's concept of Rule of Law emphasizes equality before the law, implying:

    <p>Equal subjection to ordinary law for all classes</p> Signup and view all the answers

    What is one key aspect of the Rule of Law as described in the text?

    <p>Imbalance between rights and powers</p> Signup and view all the answers

    Which concept did Dicey emphasize in his explanation of the second principle of the rule of law?

    <p>Equality before the law</p> Signup and view all the answers

    What does the doctrine of 'Rule of Law' aim to balance in a free and civil society?

    <p>The rights and powers between individuals and the state</p> Signup and view all the answers

    'Rule of proper law balances the needs of society and the individual.' What does this imply according to the text?

    <p>'Proper law' prioritizes societal needs over individual rights</p> Signup and view all the answers

    'Rule of Law' is derived from which historical concept according to the text?

    <p>'Just Law' - Jus Naturale</p> Signup and view all the answers

    What did Davis view as a principal doctrinal barrier to the development of administrative process?

    <p>Theory of Separation of Powers</p> Signup and view all the answers

    What is the primary object of administrative law as described by Wade?

    <p>To ensure that government powers are exercised within legal bounds</p> Signup and view all the answers

    Which of the following best describes the definition of administrative law proposed by Griffith and Street?

    <p>All of the above</p> Signup and view all the answers

    Which of the following statements best reflects Professor Upendra Bakshi's definition of administrative law?

    <p>Both A and C</p> Signup and view all the answers

    What is the primary source of administrative law in the UK?

    <p>Both A and B</p> Signup and view all the answers

    Which of the following statements best reflects the definition of administrative law proposed in the text?

    <p>All of the above</p> Signup and view all the answers

    What was Dicey's view on transferring authority to administrative authorities?

    <p>He opposed it as it would undermine the rule of law</p> Signup and view all the answers

    What is the main reason for the diversity in definitions of administrative law?

    <p>Administrative law specialists emphasize different aspects of the administrative process</p> Signup and view all the answers

    According to Garner's definition, what does administrative law primarily relate to?

    <p>Both A and B</p> Signup and view all the answers

    Which of the following is NOT one of the four aspects of administrative law according to Griffith and Street?

    <p>Ensuring transparency in administrative decision-making</p> Signup and view all the answers

    What is the primary source of administrative law in India?

    <p>The written Constitution</p> Signup and view all the answers

    What is the main focus of administrative law as discussed in the text?

    <p>Defining the organization and powers of administrative authorities</p> Signup and view all the answers

    Which constitutional articles are mentioned as the source of principles for administrative law in the text?

    <p>Articles 14 and 21</p> Signup and view all the answers

    What did Ivor Jennings highlight as the subject matter of administrative law according to the text?

    <p>Public administration</p> Signup and view all the answers

    How is administrative law described in relation to Constitutional law in the text?

    <p>It is a subset of Constitutional law</p> Signup and view all the answers

    What did Dicey criticize about the French legal system of droit-administratif?

    <p>Its lack of separation of powers</p> Signup and view all the answers

    What significant development of the twentieth century is mentioned in the text in relation to administrative law?

    <p>Rapid growth of administrative law</p> Signup and view all the answers

    What characterizes administrative law according to the text?

    <p>It is as ancient as organized administration itself.</p> Signup and view all the answers

    Why is administrative law considered a major area for study and research?

    <p>As a result of the wide scope and ambit of administrative law in modern times.</p> Signup and view all the answers

    What led to the rapid growth of administrative law in modern times?

    <p>A conscious effort to transform countries into welfare states.</p> Signup and view all the answers

    How has the philosophy of a welfare state affected democracies according to the text?

    <p>It has resulted in state intervention and increased functions.</p> Signup and view all the answers

    What are the functions of a modern state as categorized in the text?

    <p>Protector, provider, entrepreneur, and economic controller.</p> Signup and view all the answers

    What does the text identify as a direct result of the growth of administrative powers and functions?

    <p>Rapid expansion of governmental responsibilities.</p> Signup and view all the answers

    What distinguishes administrative law from Constitutional law according to the provided text?

    <p>'Administrative law is more concerned with day-to-day governance.'</p> Signup and view all the answers

    'Global Administrative Law' particularly addresses what aspect based on the information presented?

    <p>'Global Administrative Law concerns cross-border cooperation.'</p> Signup and view all the answers

    'Rule of Law' can best be described as focusing on what concept according to the text?

    <p>'Rule of Law implies adherence to established laws.'</p> Signup and view all the answers

    What is considered one of the basic principles of the English Constitution according to the text?

    <p>Separation of powers within the government.</p> Signup and view all the answers

    Which aspect of administrative law did Griffith and Street focus on?

    <p>Organization and powers of administrative authorities</p> Signup and view all the answers

    According to Wade, what is the primary goal of administrative law?

    <p>Regulation of governmental power</p> Signup and view all the answers

    What does Davis define an administrative agency to be?

    <p>Governmental authority affecting private parties through adjudication or rulemaking</p> Signup and view all the answers

    In India, what is considered as a grund norm for deriving administrative law?

    <p>Written Constitution</p> Signup and view all the answers

    What does Professor Upendra Bakshi emphasize in his definition of administrative law?

    <p>Protection against arbitrary exercise of public power</p> Signup and view all the answers

    Why is there a lack of a universally accepted definition of administrative law?

    <p>Diverse interpretations by different specialists</p> Signup and view all the answers

    What was Wade's view on the control of governmental power?

    <p>Keeping government powers within legal bounds</p> Signup and view all the answers

    What did Garner adopt in his description of administrative law?

    <p>'Rules recognized by courts as law regulating government administration'</p> Signup and view all the answers

    Which factor contributes to the unenviable diversity in definitions of administrative law?

    <p>Emphasis by specialists on different aspects of the administrative process.</p> Signup and view all the answers

    Who is credited with originating the concept of the Rule of Law?

    <p>Sir Edward Coke</p> Signup and view all the answers

    What did Dicey emphasize as a key aspect of the Rule of Law in terms of legal proceedings?

    <p>Equal subjection to the ordinary law for all classes</p> Signup and view all the answers

    In the context of Rule of Law, what did 'La principe de legalite' oppose according to the text?

    <p>Arbitrary powers</p> Signup and view all the answers

    What does the Rule of Law signify in terms of individual rights and state powers according to the text?

    <p>Balancing individual and state powers</p> Signup and view all the answers

    How did Dicey view the role of courts in ensuring the Rule of Law?

    <p>Courts should guarantee liberty through equal application of law</p> Signup and view all the answers

    Which term represents a government based on laws rather than men, as highlighted in the text?

    <p>'Rule according to law'</p> Signup and view all the answers

    What concept does 'Rule of Law' embody in terms of human civilization and culture?

    <p>'Rule as civilization'</p> Signup and view all the answers

    What is the main reason for the need for comprehensive legislation on administrative law in India?

    <p>To attain uniformity in maintaining procedures</p> Signup and view all the answers

    According to Maitland, what is the distinction between Constitutional law and Administrative law?

    <p>Constitutional law deals with functions at rest while Administrative law deals with functions in motion</p> Signup and view all the answers

    What did Hood Phillips consider as the difference between Constitutional law and Administrative law?

    <p>Constitutional law focuses on organization while Administrative law focuses on motion</p> Signup and view all the answers

    What does Keith remark regarding the distinction between Constitutional law and Administrative law?

    <p>Logically impossible to distinguish both</p> Signup and view all the answers

    Which branch of law does Administrative Law primarily relate to according to Casey Davis?

    <p>Public Law</p> Signup and view all the answers

    What aspect of the Government do Constitutional law and Administrative law respectively focus on according to the text?

    <p>Legislature and Executive</p> Signup and view all the answers

    What does Administrative Law primarily focus on, according to Kenneth Culp Davis?

    <p>Judicial review of administrative action</p> Signup and view all the answers

    What distinguishes the rule of law from mere existence of laws according to the text?

    <p>'Rule according to law' implies arbitrary power</p> Signup and view all the answers

    What is the main objective of the Rule of Law highlighted in the text?

    <p>Protecting individual rights</p> Signup and view all the answers

    'Rule of Law' in modern interpretation aligns with which historical concept?

    <p>'Rule according to Law'</p> Signup and view all the answers

    Why is reconciling social welfare with individual rights considered a problem in administrative law?

    <p>'Rule of Law' necessitates balancing societal welfare with individual rights</p> Signup and view all the answers

    What aspect of Administrative Law is emphasized by some jurists as fostering participation in the decision-making process?

    <p>Fostering participation by interested parties</p> Signup and view all the answers

    'Administrative Law deals with powers of administrative authorities.' What does Constitutional Law deal with?

    <p>Powers of Government at rest</p> Signup and view all the answers

    What is highlighted as a common difficulty in defining Administrative Law based on the text?

    <p>Inclusion of more than necessary components</p> Signup and view all the answers

    What concept characterizes the role of the State in modern times, as discussed in the text?

    <p>Facilitator, enabler, and regulator</p> Signup and view all the answers

    What does the WTO influence according to the text?

    <p>Dictating guidelines on various entities</p> Signup and view all the answers

    What is one aspect that has led to the necessity of reevaluating the reasons for the growth of administrative law?

    <p>Growing centers of economic power disregarding fundamental rights</p> Signup and view all the answers

    What do some jurists primarily emphasize about Administrative Law's principal objective?

    <p>Protection of individual rights</p> Signup and view all the answers

    Which entity falls under the scope of administrative law as mentioned in the text?

    <p>Administrative and quasi-administrative agencies</p> Signup and view all the answers

    What does Davis exclude from the domain of Administrative Law?

    <p>Rule application</p> Signup and view all the answers

    What did Dicey emphasize as the source of fundamental freedoms in the British Constitutional system?

    <p>Judicial decisions in concrete cases</p> Signup and view all the answers

    According to Dicey, what was the negation of equality in the French legal system of droit-administratif?

    <p>Exemption of civil servants from ordinary courts</p> Signup and view all the answers

    What did Dicey fear would render fundamental rights meaningless if they were not enforceable?

    <p>Mere declaration in a statute</p> Signup and view all the answers

    Which aspect did Dicey criticize in the French legal system regarding the jurisdiction of administrative authorities?

    <p>Encroachment on court jurisdiction</p> Signup and view all the answers

    What did Dicey view as a primary feature of the English Constitutional system based on his analysis?

    <p>Courts of law as guarantors of liberty</p> Signup and view all the answers

    Why did Dicey express concern about having fundamental rights based solely on a document?

    <p>Risk of Amendment by Parliament</p> Signup and view all the answers

    What did Dicey criticize the French legal system for regarding the jurisdiction over administrative matters?

    <p>'Judicial' functions exercised by administrative authorities</p> Signup and view all the answers

    According to Dicey, why did having rights enforceable in courts of law provide better security?

    <p>'Rights could be ignored or curtailed'</p> Signup and view all the answers

    'The Law of the Constitution' emphasizes that the rules defining fundamental freedoms are the consequences of what according to Dicey?

    <p>'Rights defined and enforced by the courts'</p> Signup and view all the answers

    'Such transference of authority slaps the foundation of the rule of law' - What was Dicey referring to with this statement?

    <p>'Administrative authorities exercising judicial functions'</p> Signup and view all the answers

    What does the rule of law primarily encompass according to the text?

    <p>Principles of freedom, equality, and non-discrimination</p> Signup and view all the answers

    What does the doctrine of separation of powers aim to achieve?

    <p>Protection of individual life, liberty, and dignity</p> Signup and view all the answers

    How is the rule of law related to natural law according to the text?

    <p>It animates natural law principles</p> Signup and view all the answers

    What is the main idea behind the concept of accountability in public power?

    <p>To justify the exercise of public power publicly as just and reasonable</p> Signup and view all the answers

    What values does the concept of the rule of law represent as per the text?

    <p>Freedom, equality, predictability</p> Signup and view all the answers

    In what way does administrative law contribute to a just and reasonable legal order?

    <p>By controlling powers and ensuring accountability</p> Signup and view all the answers

    What is the primary role of every legislative, executive, and judicial exercise of power as per the text?

    <p>To add something more to the quality of life of people</p> Signup and view all the answers

    What does the term 'rule according to law' imply as opposed to 'rule of law'?

    <p>Some form of legality but not based on principles like freedom and equality</p> Signup and view all the answers

    What is the essential idea behind the concept of natural law as explained in the text?

    <p>The appeal to a higher law beyond human creation</p> Signup and view all the answers

    What is the primary focus of administrative law as discussed in the text?

    <p>Developing a society based on fairness, reasonableness, and justice</p> Signup and view all the answers

    Which constitutional articles are mentioned as the source from which principles of administrative law emerged?

    <p>Articles 14 and 21</p> Signup and view all the answers

    According to Ivor Jennings, what is the subject matter of administrative law?

    <p>Public administration</p> Signup and view all the answers

    What characterizes administrative law based on the text?

    <p>Organization, functions, powers, and duties of administrative authorities</p> Signup and view all the answers

    What led to the rapid growth of administrative law in the twentieth century?

    <p>Rapid increase in administrative functions</p> Signup and view all the answers

    How does administrative law relate to public corporations according to the text?

    <p>Includes them in matters relating to quasi-judicial functions</p> Signup and view all the answers

    What does Wade primarily emphasize as the main focus of administrative law?

    <p>Controlling governmental power</p> Signup and view all the answers

    According to Davis, what is considered a principal doctrinal barrier to the development of administrative process?

    <p>Non-adjudicative administrative functions</p> Signup and view all the answers

    What is the primary object of administrative law according to Griffith and Street?

    <p>Operation and control of administrative authorities</p> Signup and view all the answers

    According to Professor Upendra Bakshi, what is the main concern of administrative law?

    <p>Controlling abuse of power</p> Signup and view all the answers

    What does Garner adopt in his description of administrative law that differs from other definitions?

    <p>Rules recognized by courts as law</p> Signup and view all the answers

    What is the significant factor contributing to the diverse definitions of administrative law mentioned in the text?

    <p>Evolutionary desires for singular attention</p> Signup and view all the answers

    According to Casey Davis, what does an administrative agency do?

    <p>Affects private parties through adjudication or rulemaking</p> Signup and view all the answers

    'The Law of the Constitution' highlights which aspect of British Constitutional system?

    <p>'Rule of Law' principle</p> Signup and view all the answers

    'Forms of accountability may differ' but what must remain consistent according to the text?

    <p>'Rule of Law'</p> Signup and view all the answers

    'Administrative law is made up not only of legislative and executive rules but also of' what other key component?

    <p>'Delegated legislation'</p> Signup and view all the answers

    What are the four basic bricks of the foundation of administrative law according to the provided text?

    <p>Rulemaking, quasi-judicial action, ministerial action, natural justice principles</p> Signup and view all the answers

    What does the term 'rule of law' stand in contrast to?

    <p>Rule without law</p> Signup and view all the answers

    What values does the rule of law represent based on the text?

    <p>Freedom, equality, non-discrimination, fraternity</p> Signup and view all the answers

    What is the main goal of the concept of 'accountability' as discussed in the text?

    <p>To justify exercise of public power</p> Signup and view all the answers

    What is the nature of the rule of law according to the text?

    <p>An idea representing values</p> Signup and view all the answers

    Which concept is viewed as an animation of the rule of law according to the text?

    <p>Doctrine of separation of powers</p> Signup and view all the answers

    'Forms of accountability may differ' but what must remain unchanged according to the text?

    <p>'The basic idea'</p> Signup and view all the answers

    What is significant about the concept of the rule of law according to the text?

    <p>'It represents values'</p> Signup and view all the answers

    'Accumulation of power is a definition of tyranny'. What concept does this statement relate to?

    <p>'Separation of powers'</p> Signup and view all the answers

    'Every legislative, executive and judicial exercise of power must depend on this ideal for its validity'. What ideal is being referred to in this statement?

    <p>'The rule of law'</p> Signup and view all the answers

    What is one of the challenges in defining Administrative Law as discussed in the text?

    <p>Definitions tend to be either too broad or too narrow</p> Signup and view all the answers

    According to Kenneth Culp Davis, what does Administrative Law primarily focus on?

    <p>Judicial review of administrative action</p> Signup and view all the answers

    What is a distinctive feature of Global Administrative Law based on the information provided?

    <p>It addresses domestic administrative practices influenced by international organizations</p> Signup and view all the answers

    What did early English writers fail to differentiate between Administrative Law and Constitutional Law?

    <p>Their scope</p> Signup and view all the answers

    What is an essential aspect highlighted in the text regarding the role of the State in modern times?

    <p>Withdrawal from business activities</p> Signup and view all the answers

    What does Administrative Law encompass according to some jurists as discussed in the text?

    <p>Ensuring governmental accountability and participation in decision-making</p> Signup and view all the answers

    What was a significant observation made by the Law Commission of India regarding the role of Rule of law and Judicial review?

    <p>Highlighting the importance of ensuring executive compliance with legal boundaries</p> Signup and view all the answers

    What aspect characterizes the development of new norms for Rule of law and judicial review according to the text?

    <p>Growth of new centers of economic power disregarding fundamental rights</p> Signup and view all the answers

    What term has been used to describe a new branch of administrative law addressing global dimensions in administrative practices?

    <p>Global Administrative Law</p> Signup and view all the answers

    What is the main focus of Administrative Law according to Kenneth Culp Davis' definition?

    <p>Governing judicial review of administrative actions</p> Signup and view all the answers

    What major change occurred in the philosophy regarding the role and function of the State in the 20th century?

    <p>It transformed into a progressive democratic State emphasizing social welfare and security.</p> Signup and view all the answers

    Why is administrative law considered a major area for study and research according to the text?

    <p>Due to its historical significance in legal development.</p> Signup and view all the answers

    Which category broadly represents the functions of a modern state as mentioned in the text?

    <p>Protector, provider, entrepreneur, economic controller, and arbitrator.</p> Signup and view all the answers

    What was the primary role of the State before the philosophy of welfare state emerged?

    <p>Maintaining law and order and defending the country from external aggression.</p> Signup and view all the answers

    What led to the rapid growth of administrative law in modern times according to the text?

    <p>The delegation of powers to administrative authorities for effective governance.</p> Signup and view all the answers

    Which term is used to describe the emerging branch of Administrative Law that deals with global influences?

    <p>'Global Administrative Law'</p> Signup and view all the answers

    What did the laissez-faire doctrine result in according to the text?

    <p>Human misery due to minimal governmental responsibility.</p> Signup and view all the answers

    What aspect characterizes administrative law's growth in modern times as per the text?

    <p>'Social justice' demands met through state activism.</p> Signup and view all the answers

    'Rule of Law' signifies what according to the text?

    <p>A government based on principles of law, not men.</p> Signup and view all the answers

    What did administrative law primarily relate to before the 20th century?

    <p>Exercising sovereign functions over external affairs.</p> Signup and view all the answers

    What is the primary distinction between Constitutional law and Administrative law according to the text?

    <p>Constitutional law is concerned with the organization and functions of the government at rest, while Administrative law focuses on those in motion.</p> Signup and view all the answers

    Which of the following is NOT a source of Administrative law in India, according to the text?

    <p>Judicial precedents</p> Signup and view all the answers

    What is the primary purpose of Administrative law, as per the text?

    <p>To regulate the powers of administrative authorities and provide remedies for abuse of those powers.</p> Signup and view all the answers

    According to Keith, what is the nature of the distinction between Constitutional law and Administrative law?

    <p>It is an artificial distinction that should not be made.</p> Signup and view all the answers

    Which legislation, mentioned in the text, provides for the establishment of tribunals in India?

    <p>The Industrial Disputes Act, 1947</p> Signup and view all the answers

    What is the primary focus of Administrative law, according to Professor Upendra Bakshi's definition?

    <p>The powers and functions of administrative authorities.</p> Signup and view all the answers

    What is the central idea behind the concept of accountability in Administrative law?

    <p>Regulating the exercise of power by administrative authorities.</p> Signup and view all the answers

    What does the text suggest about the need for comprehensive legislation on Administrative law in India?

    <p>Comprehensive legislation is needed to attain uniformity in procedures and powers of tribunals.</p> Signup and view all the answers

    What is the primary object of Administrative law, as defined by Griffith and Street?

    <p>The text does not mention Griffith and Street's definition of the primary object of Administrative law.</p> Signup and view all the answers

    What does the text suggest about the relationship between Constitutional law and Administrative law?

    <p>They are part of the same family of public law, though there is a distinction between them.</p> Signup and view all the answers

    According to Dicey, what is one of the key aspects of the Rule of Law in terms of equality?

    <p>Equal subjection of all classes to ordinary law</p> Signup and view all the answers

    In the context of the Rule of Law, what did Hobbes, Locke, and Rousseau refer to it as?

    <p>Natural Law</p> Signup and view all the answers

    What is the historical origin of the term 'Rule of Law' as mentioned in the text?

    <p>'Principe de Legalite'</p> Signup and view all the answers

    What does Dicey describe as a principal doctrinal barrier to the development of the administrative process?

    <p>Separation of powers</p> Signup and view all the answers

    What characterizes the concept of the Rule of Law in terms of governance based on principles?

    <p>'State political morality'</p> Signup and view all the answers

    Which concept is considered a new 'Lingua franca' of global moral thought according to the text?

    <p>'Rule of law'</p> Signup and view all the answers

    What does 'Rule of proper law' balance in a free and civil society?

    <p>'Society and Individual needs'</p> Signup and view all the answers

    According to Davis, what was probably the principal barrier to the development of administrative law?

    <p>'Doctrine of Separation of Powers'</p> Signup and view all the answers

    'Rule of law' is primarily a doctrine focused on balancing which two entities?

    <p>'Rights and Powers'</p> Signup and view all the answers

    'Rule of law' embodies the doctrine related to the supremacy of which entity?

    <p>'Law'</p> Signup and view all the answers

    What did Dicey emphasize as the source of fundamental freedoms in the British Constitutional system?

    <p>Common Law enforced by courts</p> Signup and view all the answers

    Why did Dicey criticize the French legal system of droit-administratif?

    <p>For providing civil servants with special protections</p> Signup and view all the answers

    In what year did the emergency in India suspend Article 21 of the Constitution, leading to a challenge on personal liberty?

    <p>1975</p> Signup and view all the answers

    What did Dicey fear would render declarations of individual rights in a written Constitution futile?

    <p>Amendable Constitution</p> Signup and view all the answers

    According to Dicey, what role do courts play in safeguarding individual liberties?

    <p>Guaranteeing rights through judicial decisions</p> Signup and view all the answers

    Why did Dicey consider administrative tribunals for civil servants in France as a threat to equality?

    <p>They provided special protections to civil servants</p> Signup and view all the answers

    What was the consequence of suspending Article 21 of the Indian Constitution during the emergency in 1975?

    <p>'Fundamental Rights' lost legal protection</p> Signup and view all the answers

    What did Dicey believe was essential to securing individual rights more effectively than declarations in documents?

    <p>'Fundamental Rights' enforcement by courts</p> Signup and view all the answers

    What is considered the primary focus of administrative law according to the text?

    <p>Promoting fairness, reasonableness, and justice</p> Signup and view all the answers

    Which constitutional articles are the source from which principles of administrative law emerged?

    <p>Articles 14 and 21</p> Signup and view all the answers

    What is the most significant development of the twentieth century as mentioned in the text?

    <p>The rapid growth of administrative law</p> Signup and view all the answers

    What does Ivor Jennings point out as the subject matter of administrative law?

    <p>Public administration</p> Signup and view all the answers

    According to Holland and Maitland, administrative law is considered as part of which broader legal field?

    <p>Constitutional law</p> Signup and view all the answers

    How does the text define the relationship between administrative law and Constitutional law?

    <p>Administrative law is a subset of Constitutional law</p> Signup and view all the answers

    What is the main source of administrative law in the absence of legislations?

    <p>Rules, regulations, orders, notifications, etc.</p> Signup and view all the answers

    What is the primary need for enacting comprehensive legislation on administrative law in India?

    <p>To provide uniformity in maintaining procedures and powers</p> Signup and view all the answers

    What distinguishes Constitutional law from Administrative law according to Maitland?

    <p>Structure and broader rules vs. details of functions</p> Signup and view all the answers

    In the context of Constitutional law and Administrative law, what is the distinction between the two according to Hood Phillips?

    <p>Organization at rest vs. organization in motion</p> Signup and view all the answers

    How does Keith describe the attempt to distinguish between Constitutional law and Administrative law?

    <p>Artificial</p> Signup and view all the answers

    What is the primary reason for the rapid growth of administrative law in modern times?

    <p>The state's transition from a police state to a welfare state</p> Signup and view all the answers

    Which of the following is NOT one of the five broad categories of functions of a modern state mentioned in the text?

    <p>The state as a legislator</p> Signup and view all the answers

    What is the primary reason cited for the emergence of the concept of the welfare state?

    <p>The failure of the laissez-faire doctrine and resulting human misery</p> Signup and view all the answers

    Which of the following is NOT a characteristic of the modern state?

    <p>Exercising control over private enterprises and their operations</p> Signup and view all the answers

    What is the primary reason cited for the recognition of administrative law as a separate branch of legal discipline in India?

    <p>The multiplication of governmental functions and state interventions</p> Signup and view all the answers

    Which of the following statements is NOT true about the role of the modern state, according to the text?

    <p>It focuses solely on maintaining law and order within the country</p> Signup and view all the answers

    What is the primary reason for the ubiquitous nature of administration in modern times?

    <p>The expansion of the state's role in various aspects of an individual's life</p> Signup and view all the answers

    Which of the following statements best describes the transition of the state's role, according to the text?

    <p>From a police state to a welfare state</p> Signup and view all the answers

    Which of the following is NOT one of the functions of the modern state mentioned in the text?

    <p>Promoting industrialization and economic growth</p> Signup and view all the answers

    What is the primary reason for the delegation of powers to administrative authorities?

    <p>To ensure efficient implementation of government policies and programs</p> Signup and view all the answers

    What did Sir Edward Coke establish in relation to the King and the Law?

    <p>The King should be under God and the Law</p> Signup and view all the answers

    According to Dicey, what does the 'equal subjection to ordinary law' imply?

    <p>All persons must be subjected to ordinary courts</p> Signup and view all the answers

    What is one of the eternal values of Constitutionalism and an inherent attribute of democracy?

    <p>Rule of Law</p> Signup and view all the answers

    What concept does the term 'Rule of law' stand in contrast to?

    <p>Rule of Anarchy</p> Signup and view all the answers

    According to Dicey, why did having rights enforceable in courts of law provide better security?

    <p>Rights could be altered by the executive branch</p> Signup and view all the answers

    What is one aspect that led to the necessity of reevaluating the reasons for the growth of administrative law?

    <p>Growth of welfare state functions</p> Signup and view all the answers

    What is the primary object of administrative law as described by Wade?

    <p>To keep the powers of the government within legal bounds and protect citizens</p> Signup and view all the answers

    What distinguishes Administrative Law from Constitutional Law according to the text?

    <p>Administrative law governs the powers and procedures of administrative agencies, while Constitutional law concerns the control of the government's powers.</p> Signup and view all the answers

    Which of the following best describes the definition of administrative law proposed by Griffith and Street?

    <p>Administrative law deals with the composition, powers, limits, and control of administrative authorities.</p> Signup and view all the answers

    What is the primary reason for the unenviable diversity in definitions of administrative law?

    <p>Each specialist emphasizes a particular aspect of the administrative process</p> Signup and view all the answers

    What aspect characterizes the emerging Global Administrative Law as per the text?

    <p>It dictates guidelines on various sectors across different countries.</p> Signup and view all the answers

    Which of the following is NOT considered a difficulty with Davis' definition of administrative law, according to the text?

    <p>It excludes the substantive law produced by administrative agencies.</p> Signup and view all the answers

    According to Kenneth Culp Davis, what does Administrative Law primarily concern?

    <p>Judicial review of administrative actions.</p> Signup and view all the answers

    What role does the WTO play in the context of Global Administrative Law?

    <p>It interferes with local banking regulations based on international guidelines.</p> Signup and view all the answers

    What is the primary source of administrative law in the UK?

    <p>Both (a) and (b)</p> Signup and view all the answers

    Which of the following best describes the role of administrative law, according to the text?

    <p>To regulate the exercise of public power and protect individual rights</p> Signup and view all the answers

    How do Early English writers differ from later definitions in their approach towards Administrative Law?

    <p>Their definitions were broad and included more than necessary.</p> Signup and view all the answers

    What is the primary distinction between Constitutional law and Administrative law?

    <p>Constitutional law deals with the organization of the state, while Administrative law deals with the exercise of public power.</p> Signup and view all the answers

    What is the main concern of Administrative Law according to Professor Upendra Bakshi?

    <p>Ensuring effective administration by governmental bodies.</p> Signup and view all the answers

    What is the primary concern of Professor Upendra Bakshi's definition of administrative law?

    <p>The protection of individual rights from arbitrary exercise of public power</p> Signup and view all the answers

    Why is defining Administrative Law challenging according to the text?

    <p>Because definitions either include too much or too little.</p> Signup and view all the answers

    'Global Administrative Law' mainly deals with the influence of which international organization as per the text?

    <p>World Trade Organization (WTO)</p> Signup and view all the answers

    What is the primary aspect that administrative law deals with in terms of administrative authorities?

    <p>All of the above</p> Signup and view all the answers

    Which of the following best describes Garner's definition of administrative law, according to the text?

    <p>Administrative law deals with the rules recognized by courts as law and regulating the administration of government.</p> Signup and view all the answers

    'Forms of accountability may differ' but what must remain the same according to the text?

    <p>'Accountability'</p> Signup and view all the answers

    What is one key aspect that characterizes the role of the State in modern times according to the text?

    <p>Increased intervention in economic sectors</p> Signup and view all the answers

    Which of the following is NOT one of the basic bricks of the foundation of administrative law mentioned in the text?

    <p>Judicial review</p> Signup and view all the answers

    What does the term 'rule of law' contradict?

    <p>Rule of man and Rule according to law</p> Signup and view all the answers

    Which of the following is NOT a principle that the rule of law is based on, according to the text?

    <p>Totalitarianism</p> Signup and view all the answers

    What does the text suggest is the basic idea behind accountability?

    <p>The ruler's rule with the consent of the people and must be accountable to them</p> Signup and view all the answers

    What does the concept of the rule of law represent?

    <p>Values and a climate of legal order</p> Signup and view all the answers

    What is the doctrine of separation of powers described as in the text?

    <p>An animation of the rule of law</p> Signup and view all the answers

    What is a definition of tyranny?

    <p>Accumulation of power</p> Signup and view all the answers

    Which of the following is NOT mentioned as a source of procedure for administrative agencies in the text?

    <p>Judicial precedents</p> Signup and view all the answers

    What does the text suggest about the relationship between the rule of law and natural law?

    <p>The rule of law is a modern name for natural law</p> Signup and view all the answers

    What must every legislative, executive, and judicial exercise of power depend on for its validity?

    <p>The rule of law</p> Signup and view all the answers

    What did Dicey emphasize as the source of fundamental freedoms in the British Constitutional system?

    <p>Common law enforced by courts</p> Signup and view all the answers

    According to Dicey, what would secure individual rights more adequately than a mere declaration in a document?

    <p>Enforcement by courts</p> Signup and view all the answers

    Why did Dicey consider administrative tribunals for civil servants in France as a threat to equality?

    <p>They exempted civil servants from ordinary courts</p> Signup and view all the answers

    What did Dicey fear would render the fundamental rights of the people futile?

    <p>Declaration in a Constitution</p> Signup and view all the answers

    According to Dicey, what was the negation of equality in the French legal system of droit-administratif?

    <p>Exemption of civil servants from ordinary courts</p> Signup and view all the answers

    In which year did India experience an emergency situation similar to Dicey's fears about fundamental rights abrogation?

    <p>1975</p> Signup and view all the answers

    'The Law of the Constitution' primarily views rules defining fundamental freedoms as consequences of what?

    <p>'Rule of Law'</p> Signup and view all the answers

    'Such transference of authority slaps the foundation of the rule of law' - What does Dicey refer to as 'such transference'?

    <p>'Special tribunals'</p> Signup and view all the answers

    'Rights would be secured more adequately if they were enforceable in the courts of law' - What did Dicey imply about securing individual rights?

    <p>'Mere declaration in a document'</p> Signup and view all the answers

    'The source of personal liberty in India was Article 21 of the Constitution, which had been suspended by the presidential proclamation' - What led to this situation according to Dicey's concerns?

    <p>'Constitutional provisions'</p> Signup and view all the answers

    What is the primary objective of administrative law, as discussed in the text?

    <p>Ensuring fairness, reasonableness, and justice</p> Signup and view all the answers

    How are the principles of administrative law related to the Constitution, according to the text?

    <p>They emerged from specific Constitutional Articles</p> Signup and view all the answers

    Which concept characterizes the primary focus of administrative law as highlighted in the text?

    <p>Individual liberties</p> Signup and view all the answers

    According to Ivor Jennings, what is the subject matter of administrative law?

    <p>Public administration</p> Signup and view all the answers

    What did Dicey imply about securing individual rights in relation to enforceability in courts of law?

    <p>It is better than mere declarations in documents</p> Signup and view all the answers

    What role does Professor Upendra Bakshi associate with administrative law primarily?

    <p>Protecting individual rights and ensuring accountability</p> Signup and view all the answers

    What has been characterized as the most outstanding legal development of the 20th century?

    <p>Administrative Law</p> Signup and view all the answers

    In what century did administrative law come to be recognized as a separate branch of legal discipline?

    <p>19th century</p> Signup and view all the answers

    Which of the following best describes the role of the State in modern times according to the text?

    <p>Welfare state</p> Signup and view all the answers

    What influenced the shift towards transforming the country into a welfare state after independence?

    <p>Preamble to the Indian Constitution</p> Signup and view all the answers

    What are the five categories broadly into which the functions of a modern state may be placed according to the text?

    <p>Protector, provider, entrepreneur, economic controller, arbitrator</p> Signup and view all the answers

    What led to the rapid growth of administrative law in modern times?

    <p>Growth of administrative powers and functions</p> Signup and view all the answers

    Which concept has deeply affected democracies and led to state activism according to the text?

    <p>'Social welfare'</p> Signup and view all the answers

    'Rule of law' represents a doctrine related to the supremacy of which entity?

    <p>'Law itself'</p> Signup and view all the answers

    What was the State's role characterized as before independence?

    <p>'Night watchman state'</p> Signup and view all the answers

    'Administrative law should be deemed to have been in existence in every country having some form of government because it is ____.'

    <p>'Universal in application'</p> Signup and view all the answers

    According to Maitland, how does Constitutional law differ from Administrative law?

    <p>Constitutional law focuses on the organization of the Government at rest, while Administrative law focuses on the organization of the Government in motion.</p> Signup and view all the answers

    Why is it challenging to make a strict demarcation between Constitutional law and Administrative law?

    <p>Due to the intricate relationship between them in terms of governmental functions.</p> Signup and view all the answers

    In the context of Indian legislation, what is one reason for needing a comprehensive legislation on administrative law?

    <p>To standardize procedures and powers across different tribunals and administrative bodies.</p> Signup and view all the answers

    How does Keith view the distinction between Constitutional law and Administrative law?

    <p>'It is illogical to distinguish between the two as they are intertwined.'</p> Signup and view all the answers

    What is the primary focus of Administrative Law according to Professor Upendra Bakshi?

    <p>Detailing the powers and functions of administrative authorities.</p> Signup and view all the answers

    How does Wade define the primary objective of administrative law?

    <p>'To facilitate transparency and accountability in administration.'</p> Signup and view all the answers

    What differentiates Administrative Law from Constitutional Law based on Garner's definition?

    <p>'Administrative Law focuses on specific administrative procedures, while Constitutional Law is more general.'</p> Signup and view all the answers

    'Rule of Law' embodies the concept related to:

    <p>'Separation of powers within the government.'</p> Signup and view all the answers

    'Administrative law is made up not only of legislative and executive rules but also:

    <p>'Judicial decisions interpreting those rules.'</p> Signup and view all the answers

    What was Keith's opinion on distinguishing between Administrative Law and Constitutional Law?

    <p>He believed that attempts to distinguish between the two are artificial as they are logically intertwined.</p> Signup and view all the answers

    Which concept is at the root of both the doctrine of separation of powers and the rule of law?

    <p>Natural law</p> Signup and view all the answers

    What does Lord Denning suggest happens when the new powers of the executive are abused?

    <p>They lead to the Totalitarian State</p> Signup and view all the answers

    What does the rule of law primarily emphasize?

    <p>Limits of governmental powers</p> Signup and view all the answers

    Which concept is a modern name for natural law, according to the text?

    <p>Rule of law</p> Signup and view all the answers

    'The holders of public power must be able to justify their actions publicly' is associated with which concept in the text?

    <p>Accountability</p> Signup and view all the answers

    What term does the text suggest as a contradiction to 'Rule of man'?

    <p>'Rule according to law'</p> Signup and view all the answers

    'Equal subjection to ordinary law' in Dicey's concept implies what?

    <p>'Rule according to law'</p> Signup and view all the answers

    'The basic idea behind accountability is that rulers must justify their actions publicly.' Which principle does this align with?

    <p>Fraternity</p> Signup and view all the answers

    According to Jain and Jain, in what way did the 'Doctrine of Separation of Powers' influence the development of Administrative Law in the USA?

    <p>It created a barrier to the development of Administrative Law in the USA</p> Signup and view all the answers

    What did Sir Edward Coke successfully establish in his battle against the King?

    <p>The King should be under God and the Law</p> Signup and view all the answers

    How did Dicey explain the second principle of the rule of law regarding equality before the law?

    <p>Equal subjection of all classes to ordinary law</p> Signup and view all the answers

    What did Hobbes, Locke, and Rousseau refer to as the Rule of Law?

    <p>Natural Law</p> Signup and view all the answers

    What is the origin of the term 'Rule of Law' according to the text?

    <p>Derived from French Phrase 'la principe de legalite'</p> Signup and view all the answers

    Which term best describes how 'Rule of Law' is understood in terms of State political morality?

    <p>'State political morality'</p> Signup and view all the answers

    What does 'Rule of Law' aim to balance in a free and civil society?

    <p>'Rights' and 'Powers'</p> Signup and view all the answers

    What did Dicey emphasize as a fundamental aspect related to equality before the law?

    <p>'Equal subjection to ordinary law'</p> Signup and view all the answers

    'Rule of proper law balances the needs of society and individuals.' What does this imply?

    <p>'Balance between societal needs and individual rights'</p> Signup and view all the answers

    What does Kenneth Culp Davis exclude from the domain of administrative law in his definition?

    <p>Rule application</p> Signup and view all the answers

    Which term is often used to describe the emerging branch of administrative law that deals with international guidelines from entities like the WTO?

    <p>Global Administrative Law</p> Signup and view all the answers

    In terms of governmental functions, what does the Law Commission of India emphasize as a crucial aspect for reconciling economic growth with social justice?

    <p>Regulation</p> Signup and view all the answers

    Which aspect of administration is often considered the main interest of Administrative Law according to some jurists?

    <p>Decision-making Participation</p> Signup and view all the answers

    What is a challenging aspect in defining Administrative Law?

    <p>'Rule of Man' Influence</p> Signup and view all the answers

    What is NOT a factor that some definitions of Administrative Law tend to overlook, according to the text?

    <p>'Decision-making Process' Participation</p> Signup and view all the answers

    In the context of modern times as per the text, what plays a significant role in ensuring governmental accountability?

    <p>'Rule Adjudication'</p> Signup and view all the answers

    'Functional Formulations' in administrative law primarily serve as what for future actions?

    <p>'Rules of Conduct'</p> Signup and view all the answers

    'Global Administrative Law' mainly involves directives and guidelines from international organizations impacting what entities?

    <p>'Private Corporations'</p> Signup and view all the answers

    What aspect of the British Constitutional system does Dicey emphasize regarding individual rights?

    <p>Rights are defined and enforced by the courts of law</p> Signup and view all the answers

    What did Dicey criticize about the French legal system of droit-administratif?

    <p>Providing civil servants with special courts outside ordinary law jurisdiction</p> Signup and view all the answers

    What did Dicey fear would render fundamental rights futile if declared in a statute or Constitution?

    <p>Amendment of the statute</p> Signup and view all the answers

    Why did Dicey assert that transference of authority away from courts jeopardizes individual rights?

    <p>It weakens judicial protection of liberties</p> Signup and view all the answers

    According to Dicey, what led to the situation where even illegal acts by the government were not challengeable in court?

    <p>Presidential proclamation suspending Article 21</p> Signup and view all the answers

    What did Dicey emphasize regarding enforcing individual rights in relation to a written Constitution?

    <p>'Fundamental Rights' are secure when enforceable in courts</p> Signup and view all the answers

    What did Dicey fear about the source of fundamental rights being a document like a Constitution?

    <p>'Fundamental Rights' could be easily changed or removed</p> Signup and view all the answers

    Why did Dicey criticize the exemption of civil servants from ordinary courts in France?

    <p>'Fundamental Rights' could not be enforced against civil servants</p> Signup and view all the answers

    What did Dicey believe was a consequence of transferring authority away from courts and limiting access to them?

    <p>'Fundamental Rights' faced jeopardy and lack of protection</p> Signup and view all the answers

    What does Dicey believe is crucial to secure individual rights effectively according to the text?

    <p>Common law enforcement by courts</p> Signup and view all the answers

    According to Wade, what is the primary object of administrative law?

    <p>To regulate the administration of government</p> Signup and view all the answers

    What did Professor Upendra Bakshi lay special stress on in terms of administrative law?

    <p>Protecting citizens against abuse of public power</p> Signup and view all the answers

    According to Griffith and Street, what are the four aspects dealt with in administrative law?

    <p>Composition, limitations of powers, procedural rules, and judicial controls</p> Signup and view all the answers

    What does Garner describe Administrative law as?

    <p>Rules recognized by courts that regulate government administration</p> Signup and view all the answers

    What aspect does Professor Upendra Bakshi believe is the main concern of administrative law?

    <p>Protection from arbitrary exercise of public power</p> Signup and view all the answers

    According to Davis, what does an administrative agency affect through adjudication or rulemaking?

    <p>Private parties' rights</p> Signup and view all the answers

    What is Wade's definition of administrative law focused on?

    <p>Control of governmental power</p> Signup and view all the answers

    What control mechanisms apart from judicial oversight are mentioned as important by Davis?

    <p>Parliamentary control, delegated legislation, and administrative appeals</p> Signup and view all the answers

    What is the primary goal of administrative law as discussed in the text?

    <p>To develop a rule of law society founded on fairness and justice</p> Signup and view all the answers

    Which legal field does administrative law fundamentally relate to, as highlighted in the text?

    <p>Constitutional law</p> Signup and view all the answers

    According to Ivor Jennings, what is the subject matter of administrative law?

    <p>Public administration</p> Signup and view all the answers

    Which century saw a significant growth in administrative law, as mentioned in the text?

    <p>20th century</p> Signup and view all the answers

    What entities are included in the matters administrative law deals with according to the text?

    <p>Public departments, local authorities, and other statutory bodies</p> Signup and view all the answers

    How does administrative law view the relationship between the state's organs as discussed in the text?

    <p>It addresses interrelatedness and functions of legislative, executive, and judicial organs</p> Signup and view all the answers

    What is a distinguishing characteristic of administrative law in modern times as per the text?

    <p>Increased government intervention in all aspects of life</p> Signup and view all the answers

    Why is administrative law considered a significant area for study and research today?

    <p>Because administration now impacts every facet of an individual's life</p> Signup and view all the answers

    What led to the growth of administrative law in modern times according to the text?

    <p>Expansion of state functions and powers</p> Signup and view all the answers

    What characterizes the functions of a modern state according to the text?

    <p>Provider, protector, entrepreneur, economic controller, arbitrator</p> Signup and view all the answers

    Which term best describes the role of the State before the 20th century based on the text?

    <p>'Law and order state' with limited functions</p> Signup and view all the answers

    Why is Dicey's concept of administrative law considered outdated based on the text?

    <p>It underestimated the importance of administrative powers and functions</p> Signup and view all the answers

    What influenced the shift towards transforming India into a welfare state after independence?

    <p>'State activism' advocating for social welfare</p> Signup and view all the answers

    How has the philosophy of the role of the State changed in modern times according to the text?

    <p>'Law and order state' has shifted to a welfare state focus</p> Signup and view all the answers

    What does administrative law primarily focus on today as per the text?

    <p>'Social justice demands'</p> Signup and view all the answers

    How has the emergence of 'social welfare concept' impacted democracies according to the text?

    <p>'State activism' leading to more functions left to private enterprise</p> Signup and view all the answers

    What is the main challenge in defining Administrative Law according to the text?

    <p>The difficulty in balancing governmental powers and individual rights</p> Signup and view all the answers

    According to Kenneth Culp Davis, which aspect does Administrative Law primarily focus on?

    <p>Control of powers of the government</p> Signup and view all the answers

    Why did early English writers struggle to differentiate between administrative law and Constitutional law?

    <p>The blurred lines between governmental powers and administration</p> Signup and view all the answers

    What distinguishes Global Administrative Law as discussed in the text?

    <p>Its impact on subsidiary facilities and services</p> Signup and view all the answers

    How does Administrative Law impact quasi-administrative agencies according to the text?

    <p>By providing guidelines for their functioning</p> Signup and view all the answers

    What does Administrative Law mainly aim to protect according to the text?

    <p>Individual rights and liberties</p> Signup and view all the answers

    What is the significant emphasis placed on by some jurists regarding Administrative Law?

    <p>Governmental accountability</p> Signup and view all the answers

    Why is it challenging to demarcate the nature, scope, and content of Administrative Law?

    <p>Conflicting definitions provided by jurists</p> Signup and view all the answers

    'Functional Formulations' in administrative law primarily serve as what for future actions?

    <p>'Functional Formulations' are rules for future actions based on exercised discretion</p> Signup and view all the answers

    What is considered a challenge for defining Administrative Law, mentioned in the text?

    <p>The broad interpretations encompassing various aspects of law</p> Signup and view all the answers

    What did Lord Denning suggest would happen if the new powers of the executive were abused?

    <p>A transition towards a Totalitarian State</p> Signup and view all the answers

    What are the basic bricks of the foundation of administrative law?

    <p>Quasi-legislative action and quasi-judicial action</p> Signup and view all the answers

    In what manner does the concept of accountability relate to the holders of public power?

    <p>They are accountable to the people for justifying their actions</p> Signup and view all the answers

    What is the primary idea behind the rule of law as discussed in the text?

    <p>Creating a legal system based on natural justice</p> Signup and view all the answers

    What must every exercise of power depend on for its validity?

    <p>The ideal of the rule of law</p> Signup and view all the answers

    How does the text define the relationship between administrative law and Constitutional law?

    <p>Constitutional law forms the basis of administrative law</p> Signup and view all the answers

    What concept characterizes the primary focus of administrative law as highlighted in the text?

    <p>'Rule of law'</p> Signup and view all the answers

    In what way does Dicey suggest individual rights are ensured effectively compared to written Constitutions?

    <p>'Rule according to law'</p> Signup and view all the answers

    'Global Administrative Law' primarily focuses on which entities according to the text?

    <p>'Rule under international treaties'</p> Signup and view all the answers

    'Forms of accountability may differ' but what must remain the same according to the text?

    <p>'Accountability must be justified'</p> Signup and view all the answers

    What is the main reason for the need of comprehensive legislation on administrative law in India?

    <p>To attain uniformity in maintaining procedures and prescribing powers</p> Signup and view all the answers

    According to Maitland, what is the main difference between Constitutional law and Administrative law?

    <p>Administrative law deals with structure and broader rules while Constitutional law deals with detailed functions</p> Signup and view all the answers

    How do English and American authors view the distinction between Constitutional law and Administrative law?

    <p>As a distinction based on convenience and custom rather than logic and principle</p> Signup and view all the answers

    What aspect of Constitutional law does Administrative law deal with in detail?

    <p>Organization of the service</p> Signup and view all the answers

    What is the primary focus of Administrative Law according to the text?

    <p>Dealing with the powers of administrative authorities</p> Signup and view all the answers

    How does Keith view distinguishing between Constitutional law and Administrative law?

    <p>As logically impossible with all attempts being artificial</p> Signup and view all the answers

    In what way do Constitutional law and Administrative law differ according to Hood Phillips?

    <p>Constitutional law deals with structure while Administrative law deals with functions in motion</p> Signup and view all the answers

    'Rule according to law' contrasts 'Rule of Law' primarily in terms of:

    <p>'Rule according to law' is arbitrary while 'Rule of Law' is based on principles of justice</p> Signup and view all the answers

    What aspect does Administrative Law focus on in terms of administrative authorities?

    <p>The structure and organization of the administrative service</p> Signup and view all the answers

    According to Griffith and Street, what are two interrelated aspects dealt with in Constitutional and Administrative Law?

    <p>Structure and functions of Government at rest or in motion</p> Signup and view all the answers

    What was Sir Edward Coke's main contribution to the concept of Rule of Law?

    <p>Establishing the supremacy of the law against the executive</p> Signup and view all the answers

    What did Dicey emphasize as a crucial principle regarding the rule of law in England?

    <p>Equality before the law for all classes</p> Signup and view all the answers

    What does the concept of 'Rule of Law' primarily aim to balance in a free and civil society?

    <p>Rights and powers between individuals and the state</p> Signup and view all the answers

    According to Davis, what has been a significant barrier to developing the administrative process?

    <p>Doctrine of Separation of Powers</p> Signup and view all the answers

    What is a key aspect emphasized by Dicey regarding the rule of law?

    <p>Equality before the law for every individual</p> Signup and view all the answers

    In which country did Dicey develop his theory of Rule of Law in his classic work 'The Law and the Constitution'?

    <p>Britain</p> Signup and view all the answers

    What did Kenneth Culp Davis suggest as a principal doctrinal barrier to developing the administrative process?

    <p>'Separation of Powers' doctrine</p> Signup and view all the answers

    Which term best represents a government based on principles of law and not arbitrary powers?

    <p>'Rule of Law'</p> Signup and view all the answers

    'Rule of Law' is generally understood as a doctrine focusing on securing a correct balance between:

    <p>'Rights' and 'powers'</p> Signup and view all the answers

    'Rule of law' is often associated with which historical ideal that appeals even today?

    <p>'Natural Law'</p> Signup and view all the answers

    What did Dicey criticize about the French legal system of droit-administratif?

    <p>Exempting civil servants from the jurisdiction of ordinary courts.</p> Signup and view all the answers

    What did Dicey fear would jeopardize individual rights according to the text?

    <p>Transference of authority to administrative tribunals.</p> Signup and view all the answers

    What does Dicey emphasize as a key aspect of the British Constitutional system?

    <p>Defining individual rights as a consequence of judicial decisions.</p> Signup and view all the answers

    What did Dicey assert as a consequence of any encroachment on the jurisdiction of courts?

    <p>Negation of equality before the law.</p> Signup and view all the answers

    Which aspect did Dicey fear would render a written Constitution ineffective?

    <p>Suspending fundamental rights during emergencies.</p> Signup and view all the answers

    What did Dicey criticize about exempting civil servants from ordinary court jurisdiction?

    <p>Negating equality before the law.</p> Signup and view all the answers

    What did Dicey fear regarding the source of fundamental rights in other countries with written Constitutions?

    <p>That they could be easily amended through Constitution changes.</p> Signup and view all the answers

    What was Dicey's stance regarding the exercise of judicial functions by administrative authorities?

    <p>He opposed it as undermining individual rights.</p> Signup and view all the answers

    'The Law of the Constitution' emphasizes which aspect according to Dicey?

    <p>The role of courts in defining and enforcing individual rights.</p> Signup and view all the answers

    What did Dicey believe would secure rights more adequately according to the text?

    <p>Enforcement of rights by courts of law.</p> Signup and view all the answers

    What is the primary emphasis of the definition of administrative law proposed by Garner?

    <p>Prescribing rules recognized by courts</p> Signup and view all the answers

    How does Wade primarily define administrative law?

    <p>As the law related to governmental power</p> Signup and view all the answers

    According to Professor Upendra Bakshi, what is the main focus of administrative law?

    <p>Control of administrative powers</p> Signup and view all the answers

    What aspect of administrative law does Griffith and Street's definition primarily emphasize?

    <p>Composition and powers of administrative agencies</p> Signup and view all the answers

    What is the main concern highlighted by Davis regarding the definition of administrative law?

    <p>Neglecting the role of judiciary in control</p> Signup and view all the answers

    Which aspect is NOT primarily addressed by Wade's definition of administrative law?

    <p>Regulation of private party actions</p> Signup and view all the answers

    What does Casey Davis advocate as the role of an administrative agency?

    <p>Affecting private parties through adjudication or rulemaking</p> Signup and view all the answers

    What does administrative law primarily strive to develop in society?

    <p>A rule of law society based on fairness, reasonableness, and justice</p> Signup and view all the answers

    Where do the principles of administrative law primarily emerge from?

    <p>Constitutional provisions, particularly Articles 14 and 21</p> Signup and view all the answers

    What does administrative law primarily define and determine?

    <p>Organization, functions, powers, and duties of administrative authorities</p> Signup and view all the answers

    Which branch of public law is primarily anti-authoritarian according to the text?

    <p>Administrative law</p> Signup and view all the answers

    Where are the general principles relating to the organization, powers, and functions of state organs like legislative, executive, and judicial primarily dealt with according to the text?

    <p>The Constitution</p> Signup and view all the answers

    What did Ivor Jennings emphasize as the primary subject matter of administrative law?

    <p>Public administration</p> Signup and view all the answers

    What characterizes administrative law according to the text?

    <p>It came to be recognized as a separate branch in the 20th century.</p> Signup and view all the answers

    Why did administrative law experience rapid growth in modern times?

    <p>As a result of the growth of administrative powers and functions.</p> Signup and view all the answers

    In what way were the state's functions different before and after independence?

    <p>The state took over more functions previously left to private enterprise after independence.</p> Signup and view all the answers

    What distinguishes administrative law from Constitutional law according to the text?

    <p>Administrative law deals with the state's functions, while Constitutional law does not.</p> Signup and view all the answers

    How has the philosophy of a welfare state affected democracies according to the text?

    <p>It has led to an increase in state operations and functions.</p> Signup and view all the answers

    Why was it necessary to delegate some powers to administrative authorities?

    <p>To allow for efficient management of social and economic life.</p> Signup and view all the answers

    What role did the state primarily play before the 20th century according to the text?

    <p>'Protector'</p> Signup and view all the answers

    What was the most significant change in the role of the State from being a 'police State' according to the text?

    <p>'Provider' role</p> Signup and view all the answers

    'Administrative authorities' refers to entities responsible for:

    <p>'Governmental functions'</p> Signup and view all the answers

    What is the distinguishing feature of modern administrative law?

    <p>Its focus on balancing social justice and economic growth</p> Signup and view all the answers

    What aspect of the administrative process does Professor Upendra Bakshi emphasize in his definition of administrative law?

    <p>The protection of individuals from arbitrary exercise of public power</p> Signup and view all the answers

    According to Wade, what is the primary objective of administrative law?

    <p>To maintain control over governmental power</p> Signup and view all the answers

    Why does Griffith and Street view administrative law as a critical aspect of governance?

    <p>To control the operation and powers of administrative authorities</p> Signup and view all the answers

    What distinguishes Professor Upendra Bakshi's definition of administrative law from others?

    <p>Focus on non-adjudicative functions of administration</p> Signup and view all the answers

    What does Wade suggest is the key to maintaining the rule of law in administrative processes?

    <p>Judicial control over administrative actions</p> Signup and view all the answers

    According to Davis, what is the major flaw in existing definitions of administrative law?

    <p>Neglecting non-adjudicative functions of administration</p> Signup and view all the answers

    What does Garner's definition of administrative law focus on primarily?

    <p>Rules recognized as law by the courts in relation to government administration</p> Signup and view all the answers

    How does Davis' view differ from Wade's regarding the primary concern of administrative law?

    <p>Emphasis on control of governmental power vs. regulation of administration</p> Signup and view all the answers

    What do Griffith and Street suggest is a key aspect that administrative law must deal with according to their definition?

    <p>Controlling and regulating the operation and powers of administrative authorities</p> Signup and view all the answers

    According to the provided text, why does no universally accepted definition of administrative law exist?

    <p>Different specialist emphases on various aspects of the administrative process</p> Signup and view all the answers

    What is the primary objective of administrative law according to the text?

    <p>To ensure fairness, reasonableness, and justice in a rule of law society</p> Signup and view all the answers

    According to Ivor Jennings, what is the subject matter of administrative law primarily focused on?

    <p>Public administration</p> Signup and view all the answers

    What significant development is highlighted in the text regarding administrative law in the twentieth century?

    <p>Rapid growth of administrative law</p> Signup and view all the answers

    Which constitutional articles are mentioned as the source of principles for administrative law in the text?

    <p>Article 14 and Article 21</p> Signup and view all the answers

    According to Holland and Maitland, how is administrative law related to Constitutional law?

    <p>Administrative law is a subset of Constitutional law</p> Signup and view all the answers

    What does administrative law primarily define and determine regarding administrative authorities?

    <p>Their organization, functions, powers, and duties</p> Signup and view all the answers

    What did Sir Edward Coke successfully establish in a battle against the King?

    <p>The supremacy of the law against the executive</p> Signup and view all the answers

    What is the main focus of 'Global Administrative Law' as discussed in the text?

    <p>Dictating guidelines on subsidiaries and services</p> Signup and view all the answers

    In what aspect do most definitions of Administrative Law fail, according to the text?

    <p>Being too broad and including more than necessary</p> Signup and view all the answers

    What is the concept of 'Rule of Law' generally understood as?

    <p>A doctrine of state political morality</p> Signup and view all the answers

    What does the term 'Rule of Law' infuse law with according to the text?

    <p>Moral qualities</p> Signup and view all the answers

    What major concern does 'Global Administrative Law' address according to the text?

    <p>Interference in domestic banking systems</p> Signup and view all the answers

    According to Dicey, what does the 'Rule of Law' imply regarding government officials?

    <p>Equal subjection of all to ordinary law</p> Signup and view all the answers

    Why is it challenging to provide a precise definition of Administrative Law, based on the text?

    <p>Struggle to include all essential components</p> Signup and view all the answers

    What does the French phrase 'la principe de legalite' refer to in terms of governance?

    <p>Government based on laws' principles</p> Signup and view all the answers

    How do new centers of economic power impact the development of administrative law according to the text?

    <p>By disregarding fundamental rights of disadvantaged sections</p> Signup and view all the answers

    What did Kenneth Culp Davis exclude from his definition of Administrative Law according to the text?

    <p>Rule application</p> Signup and view all the answers

    What does Dicey emphasize as a principle regarding equality before the law?

    <p>Equal application of laws</p> Signup and view all the answers

    In what sense does the 'Rule of Law' imply 'Democratic principle' according to Dicey?

    <p>(c) Democratic principle of equal subjection to ordinary law administered by ordinary courts</p> Signup and view all the answers

    How do Rule of Law and Judicial review contribute to a welfare state as per the text?

    <p>By ensuring government accountability and citizen liberties</p> Signup and view all the answers

    'Rule of proper law balances the needs of society and the individual.' What does this balance primarily focus on?

    <p>'Proper law' balancing societal needs and individual rights equally</p> Signup and view all the answers

    'Rule of law' is derived from which term according to the text?

    <p>'Just Law'</p> Signup and view all the answers

    'Rule of law' is an eternal value of Constitutionalism and an inherent attribute of democracy. What does it embody according to the text?

    <p>'Supremacy of law'</p> Signup and view all the answers

    What does Lord Denning suggest happens when the new powers of the executive are abused?

    <p>The emergence of a Totalitarian State</p> Signup and view all the answers

    What are the four basic bricks of the foundation of administrative law?

    <p>Rulemaking, quasi-judicial action, ministerial action, pure administrative action</p> Signup and view all the answers

    In the context of administrative law, what does the rule of law represent?

    <p>Principles of freedom, equality, non-discrimination, fraternity, accountability</p> Signup and view all the answers

    What does the text suggest is the main idea behind accountability in administrative law?

    <p>Justifying exercises of public power as socially just and reasonable</p> Signup and view all the answers

    How does the text characterize the concept of the rule of law in terms of governance?

    <p>A legal order that is just and reasonable</p> Signup and view all the answers

    What is the primary goal of the doctrine of separation of powers according to the text?

    <p>Protecting life, liberty, and dignity of the individual</p> Signup and view all the answers

    What is the key difference between 'Rule according to law' and 'Rule of law'?

    <p>'Rule according to law' implies mere legality while 'Rule of law' encompasses principles like freedom and accountability</p> Signup and view all the answers

    What is the main distinction between Constitutional law and Administrative law according to Maitland?

    <p>Constitutional law regulates the functions of the Government, while Administrative law deals with the organization in motion.</p> Signup and view all the answers

    According to Hood Phillips, how does he differentiate Constitutional law from Administrative law?

    <p>Constitutional law is concerned with the organization at rest, while Administrative law is concerned with the organization in motion.</p> Signup and view all the answers

    In the modern state, what does Constitutional law primarily regulate?

    <p>Functions of the legislature, executive, and judiciary.</p> Signup and view all the answers

    What role does administrative law primarily play in the context of governmental operations?

    <p>Regulating the powers of administrative authorities.</p> Signup and view all the answers

    According to Keith, why is it difficult to distinguish between Constitutional law and Administrative law?

    <p>Because the distinction is a matter of convenience rather than principle.</p> Signup and view all the answers

    What aspect of governance is the main focus of Administrative Law according to the text?

    <p>Administration procedures and authorities' powers.</p> Signup and view all the answers

    What is a key distinction between Constitutional law and Administrative law according to Hood Phillips?

    <p>Constitutional law regulates structure at rest, while Administrative law regulates structure in motion.</p> Signup and view all the answers

    According to Dicey, what did he emphasize as the source of fundamental freedoms of the people?

    <p>Judicial decisions in concrete cases</p> Signup and view all the answers

    What was Dicey's concern regarding the enforcement of rights declared in a document?

    <p>They could be ignored or curtailed</p> Signup and view all the answers

    In Dicey's view, what jeopardizes individual rights according to the text?

    <p>Encroachment on court jurisdiction</p> Signup and view all the answers

    What did Dicey criticize about the French legal system in relation to civil servants?

    <p>Special treatment in administrative tribunals</p> Signup and view all the answers

    Why did Dicey argue against the exemption of civil servants from ordinary courts?

    <p>It undermined equality before the law</p> Signup and view all the answers

    Which aspect of the British Constitutional system did Dicey highlight as a leading feature?

    <p>'Rule of Law'</p> Signup and view all the answers

    What did Dicey fear could be abrogated if the source of fundamental rights was a document?

    <p>'Fundamental Rights'</p> Signup and view all the answers

    What did Dicey assert was needed to ensure the foundation of the rule of law?

    <p>'Judicial' functions of administrative authorities</p> Signup and view all the answers

    According to Dicey, what did any restriction on a subject's access to courts jeopardize?

    <p>'Fundamental Rights'</p> Signup and view all the answers

    'The Law of the Constitution, the rules which... are not the source but the consequences of the rights of individuals...' - What does this statement emphasize according to Dicey?

    <p>'Judicial Decisions' significance</p> Signup and view all the answers

    Why was administrative law recognized as a separate branch of legal discipline in India only by the middle of the 20th century?

    <p>Due to the shift from a police State to a progressive democratic State</p> Signup and view all the answers

    What does the philosophy of welfare state ingrained in the Indian Constitution lead to according to the text?

    <p>State activism and increase in areas of state operation</p> Signup and view all the answers

    What characterizes the modern State's functions according to the text?

    <p>Protector, provider, entrepreneur, economic controller, arbitrator</p> Signup and view all the answers

    What impact did the emergence of social welfare concept have on democracies according to the text?

    <p>Led to an increase in state operation and takeover of private enterprise functions</p> Signup and view all the answers

    Why did administrative law become a major area for study and research according to the text?

    <p>Due to the rapid growth of administrative powers and functions</p> Signup and view all the answers

    How has administrative law evolved compared to previous centuries according to the text?

    <p>Has grown and developed significantly, becoming a recognized branch of public law</p> Signup and view all the answers

    What are the key categories into which the functions of a modern state can be broadly placed according to the text?

    <p>Protector, provider, entrepreneur, economic controller, arbitrator</p> Signup and view all the answers

    What did the opening statement signify about administrative law's development according to the text?

    <p>It has become more articulate and definite as a system in democratic countries</p> Signup and view all the answers

    'Rule of proper law balances the needs of society and the individual.' What does this imply about administrative law as per the text?

    <p>'Rule of proper law' is a fundamental aspect of administrative law</p> Signup and view all the answers

    What is the main emphasis of the Law Commission of India's observations regarding the Rule of law and Judicial review in a welfare state?

    <p>Ceaseless enforcement to prevent executive overreach</p> Signup and view all the answers

    What did Kenneth Culp Davis include in his definition of Administrative Law?

    <p>Rulemaking and rule adjudication</p> Signup and view all the answers

    What term is used to describe the emerging branch of administrative law that deals with the influence of organizations like the WTO?

    <p>Global Administrative Law</p> Signup and view all the answers

    In the context of Administrative Law, what do early English writers fail to differentiate between?

    <p>Administrative and Constitutional law</p> Signup and view all the answers

    What did Dicey emphasize as the primary object of Administrative Law?

    <p>Protection of individual rights</p> Signup and view all the answers

    What does 'Functional Formulations' in administrative law primarily represent for future actions?

    <p>Rules for future administrative actions</p> Signup and view all the answers

    Which aspect characterizes the role of the State in modern times as discussed in the text?

    <p>'Facilitator, enabler and regulator'</p> Signup and view all the answers

    According to Kenneth Culp Davis, what does Administrative Law concern?

    <p>'The control of government powers'</p> Signup and view all the answers

    'Law Commission of India rightly observed Rule of law and Judicial review acquire greater significance in a welfare state' - What relevant concept does this observation emphasize?

    <p>'Social justice'</p> Signup and view all the answers

    'Rule according to law' contrasts 'Rule of Law' primarily in terms of:

    <p>'Monopoly of wisdom'</p> Signup and view all the answers

    According to Davis, what is the primary concern with his definition of administrative agency?

    <p>It does not encompass non-adjudicative administrative functions.</p> Signup and view all the answers

    Which aspect of administrative law does Professor Upendra Bakshi specifically emphasize?

    <p>The protection of citizens' rights in a developing society.</p> Signup and view all the answers

    What do Griffith and Street define as the main object of administrative law?

    <p>Operation and control of administrative authorities.</p> Signup and view all the answers

    According to Wade, what is the primary objective of administrative law?

    <p>Control of governmental power.</p> Signup and view all the answers

    What does Garner describe as the focus of Administrative law according to his definition?

    <p>Composition and powers of administrative authorities.</p> Signup and view all the answers

    How does the absence of a written Constitution in the UK impact the source of administrative law?

    <p>It derives from customary practices and court decisions.</p> Signup and view all the answers

    'The powerful engines of authority must be prevented from running amok' refers to the need to:

    <p>Limit government powers within legal bounds.</p> Signup and view all the answers

    'Pathology of power in a developing society' refers to protecting:

    <p>'Little man' from public power abuse.</p> Signup and view all the answers

    'Composition and the powers of administrative authorities' are primarily focused on by Griffith and Street to:

    <p>'Operation and control' of administrative authorities.</p> Signup and view all the answers

    According to Maitland, what does he specify as the main focus of Constitutional law compared to Administrative law?

    <p>Structure and broader rules regulating functions</p> Signup and view all the answers

    Who is credited with being the originator of the concept of Rule of Law?

    <p>Sir Edward Coke</p> Signup and view all the answers

    Which aspect does Hood Phillips highlight as the main concern of Constitutional law?

    <p>Organization and functions of Government at rest</p> Signup and view all the answers

    What term did the Romans use to refer to the Rule of Law according to the text?

    <p>Just Law</p> Signup and view all the answers

    Dicey's concept of Rule of Law emphasizes which of the following principles?

    <p>Equality after the law</p> Signup and view all the answers

    What does Keith assert about distinguishing Administrative law from Constitutional law?

    <p>It is logically impossible to distinguish the two</p> Signup and view all the answers

    What is the primary focus of Administrative Law as described by Wade?

    <p>Organizing the service and departments of Government</p> Signup and view all the answers

    What was the concept that Dicey believed would secure individual rights more adequately than a mere declaration in a document?

    <p>Doctrine of Rule of Law</p> Signup and view all the answers

    What does the Rule of Law seek to establish in a free and civil society?

    <p>Balance between rights and powers</p> Signup and view all the answers

    Which entities are covered under Administrative Law's detailed treatment according to the text?

    <p>Public departments and statutory bodies</p> Signup and view all the answers

    In terms of Constitutional law in India, what does it primarily focus on?

    <p>Organization and power of legislative and judiciary</p> Signup and view all the answers

    What does 'la principe de legalite' refer to?

    <p>'Principle of legality'</p> Signup and view all the answers

    What did Dicey assert about special privileges for government officials in relation to the Rule of Law?

    <p>Absence of special privileges is a principle under Rule of Law</p> Signup and view all the answers

    What is considered the necessary evil in all progressive societies as per the text?

    <p>Execution and implementation of welfare schemes by the government</p> Signup and view all the answers

    What is Sir Edward Coke's contribution to modern understanding of Rule of Law?

    <p>Insisting on King's subjection to God and law</p> Signup and view all the answers

    What does Administrative Law specifically deal with as described in the text?

    <p>Powers and their exercise by authorities and available remedies for abuses</p> Signup and view all the answers

    Which term is NOT used interchangeably with the concept of 'Rule of Law' according to the text?

    <p>Law according to Man</p> Signup and view all the answers

    What does Wade emphasize regarding the sources of Constitutional law and Administrative law?

    <p>They are intertwined and inter-related with each other</p> Signup and view all the answers

    What does Griffith and Street identify as the four aspects dealt with by administrative law?

    <p>Powers of civil services, public departments, local authorities, statutory bodies</p> Signup and view all the answers

    What is a key aspect emphasized by Dicey in his concept of Rule of Law regarding individuals' subjection to law?

    <p>All persons should be governed by ordinary courts regardless of status</p> Signup and view all the answers

    What aspect does the doctrine of separation of powers aim to protect?

    <p>Life, liberty, and dignity</p> Signup and view all the answers

    In the context of accountability, what is the basic idea that rulers must adhere to according to the text?

    <p>Be able to justify the exercise of public power</p> Signup and view all the answers

    According to Lord Denning, what can lead to the Welfare State when properly exercised?

    <p>Rule of law</p> Signup and view all the answers

    What does the term 'rule of law' stand in contrast to according to the text?

    <p>'Rule of man and Rule according to law'</p> Signup and view all the answers

    What concept characterizes the rule of law as an idea according to the text?

    <p>Modern natural law</p> Signup and view all the answers

    What is the primary role that administrative law plays in defining the exercise of public power according to the text?

    <p>Constrains the powers of government</p> Signup and view all the answers

    What values does the concept of the rule of law represent according to the text?

    <p>'Freedom, Equality, and Fraternity'</p> Signup and view all the answers

    What is the primary focus when exercising public power according to the concept of accountability in administrative law?

    <p>'Social Justice and Reasonableness'</p> Signup and view all the answers

    What do Wade and Garner suggest should be the chief concern when defining administrative law?

    <p>'Justice and Reasonableness'</p> Signup and view all the answers

    'Rule of Law' is primarily based on principles of freedom, equality, non-discrimination, and which other factor according to the text?

    <p>'Accountability'</p> Signup and view all the answers

    According to Dicey, what was his main concern regarding the source of individuals' fundamental rights in a written Constitution?

    <p>They could be challenged at any time by amending the Constitution.</p> Signup and view all the answers

    In Dicey's view, why did he criticize the French legal system of droit-administratif?

    <p>It exempted civil servants from the jurisdiction of ordinary courts.</p> Signup and view all the answers

    According to Dicey, how did the French legal system's distinct administrative tribunals jeopardize individual rights?

    <p>By restricting the subject's access to ordinary courts of law.</p> Signup and view all the answers

    What aspect of the English legal system's Constitutional Code is emphasized by Dicey's explanation?

    <p>The supremacy of common law in defining individual rights.</p> Signup and view all the answers

    How did Dicey perceive the transference of authority to administrative authorities in terms of the English Constitutional system?

    <p>As a threat to the rule of law and jeopardy to subjects' rights.</p> Signup and view all the answers

    What was Dicey's concern regarding administrative tribunals in France compared to how English common law operates?

    <p>Civil servants had more privileges and immunities in administrative tribunals than under common law.</p> Signup and view all the answers

    How did Dicey view the role of the judiciary in securing individual rights in England compared to countries with written Constitutions?

    <p>Judicial decisions ensure more secure guarantees of rights than written Constitutions.</p> Signup and view all the answers

    Why did Dicey emphasize the enforcement of individual rights by courts of law rather than mere declaration in a document?

    <p>'Fundamental Rights' risk abrogation even when they are declared in a document.</p> Signup and view all the answers

    'The Law of the Constitution' emphasizes which aspect according to Dicey's explanation?

    <p>'The Law of the Constitution' is a consequence of judicial enforcement of individual rights.</p> Signup and view all the answers

    Dicey considered that any encroachment on jurisdiction or restrictions on subjects' access to courts would:

    <p>Jeopardize subjects' rights and freedoms.</p> Signup and view all the answers

    What does administrative law strive to develop in society?

    <p>A rule of law society based on fairness, reasonableness, and justice</p> Signup and view all the answers

    Which constitutional articles did the principles of administrative law emerge from?

    <p>Articles 14 and 21</p> Signup and view all the answers

    What does administrative law primarily define and determine?

    <p>The organization, functions, powers, and duties of administrative authorities</p> Signup and view all the answers

    Which branch of public law is essentially anti-authoritarian according to the text?

    <p>Administrative law</p> Signup and view all the answers

    What does Ivor Jennings point out as the subject matter of administrative law?

    <p>Public administration</p> Signup and view all the answers

    According to Holland and Maitland, how is administrative law related to Constitutional law?

    <p>It is part of Constitutional law</p> Signup and view all the answers

    What is the primary concern of Administrative Law according to Kenneth Culp Davis?

    <p>Protecting individual rights</p> Signup and view all the answers

    What is the main aspect that differentiates Constitutional law from Administrative law according to Maitland?

    <p>Deals with structure and broader rules</p> Signup and view all the answers

    In the context of Administrative Law, what do some jurists believe is the main goal of the law?

    <p>Governmental accountability</p> Signup and view all the answers

    Which statement best describes the distinction between Constitutional law and Administrative law according to Hood Phillips?

    <p>Constitutional law is concerned with organization at rest, while Administrative law deals with that organization in motion</p> Signup and view all the answers

    How does administrative law differ from Constitutional law according to early English writers?

    <p>It includes all branches of government</p> Signup and view all the answers

    According to Keith, why is it considered logically impossible to distinguish between Administrative law and Constitutional law?

    <p>Their functions are inter-related</p> Signup and view all the answers

    Which aspect of Administrative Law is highlighted by Keith when distinguishing it from Constitutional law?

    <p>Rule adjudication</p> Signup and view all the answers

    What does Kenneth Culp Davis consider as part of Administrative Law?

    <p>Rule adjudication</p> Signup and view all the answers

    What is the primary concern of Constitutional law according to the text?

    <p>Organization and powers of the legislature</p> Signup and view all the answers

    How does Administrative law differ from Constitutional law in terms of details according to Maitland?

    <p>Administrative law provides detailed functions</p> Signup and view all the answers

    What is a distinguishing feature of modern administrative law compared to previous legal concepts?

    <p>Utilization of functional formulations</p> Signup and view all the answers

    What role do some jurists assign to Administrative Law in ensuring effective governance?

    <p>Ensuring administrative tasks completion</p> Signup and view all the answers

    What distinguishes Administrative law from Constitutional law according to English and American authors?

    <p>'Rule of Law' principles</p> Signup and view all the answers

    Which aspect does Keith exclude from the domain of Administrative Law in his definition?

    <p>Rule application</p> Signup and view all the answers

    Why did Constitutional law traditionally encompass concepts of Administrative law?

    <p>'Rule of Law' principles</p> Signup and view all the answers

    How do early English writers perceive the relationship between Constitutional law and Administrative law?

    <p>As closely intertwined legal concepts</p> Signup and view all the answers

    According to Griffith and Street, what key aspect does Administrative law deal with?

    <p>'La principe de legalite'</p> Signup and view all the answers

    How do English and American authors view the distinction between Constitutional law and Administrative law?

    <p>'Artificial'</p> Signup and view all the answers

    What does Administrative Law primarily aim to protect according to Kenneth Culp Davis?

    <p>Individual rights</p> Signup and view all the answers

    'Constitutional Law is concerned with structure and functions at rest while Administrative Law deals with that structure and functions in motion.' Who expressed this view?

    <p>Hood Phillips</p> Signup and view all the answers

    What is a difficulty with Davis' definition of administrative law, according to the text?

    <p>It does not cover non-adjudicative administrative functions</p> Signup and view all the answers

    What is Wade's view on the primary object of administrative law?

    <p>To regulate governmental power</p> Signup and view all the answers

    According to Griffith and Street, what does administrative law primarily deal with?

    <p>Composition and powers of administrative authorities</p> Signup and view all the answers

    What does Professor Upendra Bakshi emphasize in his definition of administrative law?

    <p>Controlling abuse of power by administrative authorities</p> Signup and view all the answers

    According to Davis, what does an administrative agency primarily do?

    <p>Affect the rights of private parties through adjudication</p> Signup and view all the answers

    What is the main object of Administrative Law according to Wade?

    <p>Control governmental power</p> Signup and view all the answers

    According to Griffith and Street, what is one aspect that Administrative law deals with?

    <p>Limiting administrative authorities' powers</p> Signup and view all the answers

    What does Garner describe as the focus of Administrative law according to his definition?

    <p>Rules recognized by courts as law that regulate government administration</p> Signup and view all the answers

    What is a key aspect that characterizes the role of the State in modern times according to the text?

    <p>Extension of welfare state functions and services</p> Signup and view all the answers

    What did Sir Edward Coke establish in relation to the King and the Law?

    <p>The King must abide by the Law and is subject to its limitations</p> Signup and view all the answers

    Which individual is credited with originating the concept of the Rule of Law?

    <p>Sir Edward Coke</p> Signup and view all the answers

    According to Dicey, the principle of 'equal subjection to ordinary law' implies:

    <p>Absence of special privileges for government officials or any person</p> Signup and view all the answers

    What was the term used by the Romans to describe the concept that later evolved into the Rule of Law?

    <p>'Just Law' - Jus Naturale</p> Signup and view all the answers

    What did Dicey emphasize as a key aspect of the Rule of Law in terms of governance?

    <p>Equal subjection to ordinary law for all social classes</p> Signup and view all the answers

    Which term was used by early social contractualists like Locke and Hobbes to refer to the concept that evolved into Rule of Law?

    <p>'Natural Law'</p> Signup and view all the answers

    According to Davis, what was identified as a principal barrier to the development of the administrative process?

    <p>'Theory of Separation of Powers'</p> Signup and view all the answers

    What term denotes a government based on principles of law and not individuals?

    <p>'Principle of Legality'</p> Signup and view all the answers

    Who is credited with developing Sir Edward Coke's concept into a theory in 1885?

    <p>Dicey</p> Signup and view all the answers

    What was Sir Edward Coke's stance regarding the relationship between the King and the law?

    <p>The King should be under God and the law</p> Signup and view all the answers

    What was Dicey's emphasis regarding individuals' subjection to law in England?

    <p>All persons should be subject to one law without distinctions</p> Signup and view all the answers

    What key aspect of society does administrative law aim to develop, as mentioned in the text?

    <p>Equality and fairness</p> Signup and view all the answers

    Which of the following is NOT included in the matters relating to administrative law according to the text?

    <p>Private enterprises</p> Signup and view all the answers

    What is the primary subject matter of administrative law?

    <p>Public administration</p> Signup and view all the answers

    Which constitutional articles are mentioned as the source from which principles of administrative law emerged?

    <p>Article 14 and Article 21</p> Signup and view all the answers

    What did Holland and Maitland suggest about the relationship between administrative law and Constitutional law?

    <p>Administrative law is part of Constitutional law</p> Signup and view all the answers

    According to Dicey, what distinguishes the British Constitutional system from many other countries with written Constitutions?

    <p>The source of fundamental freedoms from judicial decisions</p> Signup and view all the answers

    What are the four basic bricks of the foundation of any administrative law as identified in the text?

    <p>Rulemaking, quasi-judicial action, ministerial action or pure administrative action</p> Signup and view all the answers

    What does administrative law primarily focus on defining and determining about administrative authorities?

    <p>Organization, functions, powers, and duties</p> Signup and view all the answers

    How is the Administrative Procedure Act, 1946 in the USA related to administrative agency procedures?

    <p>It allows each administrative agency to develop its own procedure</p> Signup and view all the answers

    What did Dicey fear would happen if fundamental rights were solely dependent on a document like a Constitution?

    <p>They would be subject to the executive's discretion</p> Signup and view all the answers

    What values does the concept of the rule of law represent?

    <p>Freedom, equality, non-discrimination, fraternity, accountability, and non-arbitrariness</p> Signup and view all the answers

    Which aspect of the French legal system did Dicey criticize as negating equality?

    <p>Exemption of civil servants from jurisdiction</p> Signup and view all the answers

    What does the rule of law primarily aim to achieve?

    <p>Protection of individual rights</p> Signup and view all the answers

    What did Dicey assert regarding administrative authorities exercising 'judicial' functions without being 'courts'?

    <p>It undermined the rule of law</p> Signup and view all the answers

    What did Dicey believe would jeopardize individual rights according to his analysis?

    <p>Subject's unimpeded access to courts</p> Signup and view all the answers

    How does the doctrine of separation of powers relate to the concept of natural law?

    <p>It aims to progressively diminish arbitrary power for individual protection</p> Signup and view all the answers

    What is the primary idea behind the concept of accountability in administrative law?

    <p>To ensure public power is exercised justly and reasonably</p> Signup and view all the answers

    How did Dicey view the enforcement of individual rights when comparing a common law system to one based on written Constitutions?

    <p>More secure in a common law system</p> Signup and view all the answers

    What did Dicey suggest would be futile if individual rights were merely declared in a statute or Constitution?

    <p>'Fundamental Rights' could be abrogated</p> Signup and view all the answers

    What does accountability in administrative law entail, according to the text?

    <p>Ensuring public power is justifiable legally and socially</p> Signup and view all the answers

    How did Dicey describe the consequences of transferring authority from the courts to distinct administrative tribunals?

    <p>'Slaps the foundation' of the rule of law</p> Signup and view all the answers

    Why does every exercise of legislative, executive, and judicial power depend on the ideal of the rule of law?

    <p>&quot;To add something more to the quality of life of the people&quot;</p> Signup and view all the answers

    'Rule according to law' represents a contrast with which term according to the text?

    <p>Natural Law</p> Signup and view all the answers

    What was Dicey's primary concern regarding encroachments on court jurisdiction and restrictions on subjects' access to them?

    <p>'Jeopardizing' individual rights</p> Signup and view all the answers

    What is the primary concept behind the rule of law's application in society?

    <p>To ensure governmental powers are exercised within legal boundaries</p> Signup and view all the answers

    What significant change in the role and function of the State is highlighted in the text in relation to administrative law?

    <p>Transition from a police state to a welfare state</p> Signup and view all the answers

    What aspect of modern administrative law does the concept of Global Administrative Law primarily highlight?

    <p>Interference of WTO guidelines in different countries</p> Signup and view all the answers

    According to Kenneth Culp Davis, what is excluded from the domain of Administrative Law?

    <p>Rule application by administrative agencies</p> Signup and view all the answers

    How does the text describe the relationship between administrative law and public administration?

    <p>Ancient as administration itself, a concomitant of organized administration</p> Signup and view all the answers

    What impact did the emergence of the social welfare concept have on the functioning of modern states?

    <p>Led to increased state operation and state activism</p> Signup and view all the answers

    What is the central idea behind the concept of 'Global Administrative Law'?

    <p>Ensuring global governance through legal frameworks</p> Signup and view all the answers

    In what way has administrative law been characterized with regard to legal developments of the 20th century?

    <p>Most outstanding legal development</p> Signup and view all the answers

    Which function does Administrative Law NOT touch upon according to the text?

    <p>Courts and judicial systems</p> Signup and view all the answers

    How does the text describe the functions of the modern State in relation to administrative law?

    <p>Provider, protector, entrepreneur, economic controller, arbitrator</p> Signup and view all the answers

    What distinguishes Global Administrative Law from other branches of administrative law?

    <p>Focus on international standards set by the WTO</p> Signup and view all the answers

    What did Early English writers fail to differentiate between regarding legal concepts?

    <p>Administrative Law and Constitutional Law</p> Signup and view all the answers

    What category does the text place the functions of the modern State in, when discussing administrative law?

    <p>Protector, provider, entrepreneur, economic controller, arbitrator</p> Signup and view all the answers

    What significant change does the text highlight in administrative law's growth during modern times?

    <p>Direct result of growing administrative powers and functions</p> Signup and view all the answers

    What does Kenneth Culp Davis highlight as the core focus of Administrative Law?

    <p>'Ensuring governmental accountability'</p> Signup and view all the answers

    According to Hood Phillips, what is the main difference between Constitutional law and Administrative law?

    <p>Constitutional law concerns the organization of Government at rest, while administrative law concerns the organization of Government in motion.</p> Signup and view all the answers

    Which key aspect of Administrative Law forms a rule for future actions?

    <p>'Functional formulations'</p> Signup and view all the answers

    What is the primary focus of Administrative Law according to India's written Constitution?

    <p>The powers and functions of administrative authorities, including civil services and public departments.</p> Signup and view all the answers

    What does the text emphasize about administrative law in terms of its abundance and impact?

    <p>Widespread ubiquity and deep influence in an individual's life</p> Signup and view all the answers

    Which statement best describes the relationship between Constitutional law and Administrative law?

    <p>Both Constitutional law and Administrative law belong to public law and are interrelated and complementary.</p> Signup and view all the answers

    'Global Administrative Law' primarily deals with regulations from which international organization?

    <p>'WTO'</p> Signup and view all the answers

    What direct result is mentioned in the text regarding the rapid growth of administrative law?

    <p>Growth of administrative powers and functions</p> Signup and view all the answers

    How does the text describe the modern State's approach towards governance and social welfare?

    <p>Ensuring social security, welfare, industrial regulation, and equality for all</p> Signup and view all the answers

    'Rule according to law' primarily emphasizes what concept in contrast to 'Rule of law'?

    <p>'Legislative supremacy'</p> Signup and view all the answers

    What did Keith emphasize regarding differentiating Administrative law from Constitutional law?

    <p>Any attempt to distinguish them is artificial according to Keith.</p> Signup and view all the answers

    In what way do English and American authors view the distinction between Constitutional law and Administrative law?

    <p>The distinction is primarily one of degree, convenience, and custom rather than logic or principle.</p> Signup and view all the answers

    What does Maitland suggest about the differentiation between Constitutional law and Administrative law?

    <p>'Constitutional law deals with structure while Administrative law deals with function,' according to Maitland.</p> Signup and view all the answers

    'It is not essential and fundamental in character' best describes the distinction between which two legal disciplines?

    <p>'Constitutional Law and Administrative Law'</p> Signup and view all the answers

    What is the primary focus of administrative law according to the text?

    <p>Control of governmental power</p> Signup and view all the answers

    'According to Davis, what does an administrative agency refer to?'

    <p>'An administrative agency refers to any governmental authority carrying out public administration.'</p> Signup and view all the answers

    Who emphasizes the protection of the 'little man' from the arbitrary exercise of public power?

    <p>Bakshi</p> Signup and view all the answers

    'Legislations which provide for the establishment of tribunals' are mentioned in relation to which Act?

    <p>'The Industrial Disputes Act, 1947'</p> Signup and view all the answers

    'While Constitutional Law deals with structure, what does Administrative Law concern itself with?'

    <p>'Administrative Law deals with the details of organizations and their functions.'</p> Signup and view all the answers

    What aspect of administrative law is highlighted by Griffith and Street in their definition?

    <p>Operational and control aspects</p> Signup and view all the answers

    According to Davis, what does an administrative agency NOT include in its domain?

    <p>Substantive law production</p> Signup and view all the answers

    Which definition of administrative law emphasizes keeping government powers within legal bounds for citizen protection?

    <p>Wade's definition</p> Signup and view all the answers

    What does Garner's definition of administrative law relate to primarily?

    <p>Regulation of government administration</p> Signup and view all the answers

    What does Professor Upendra Bakshi emphasize in his definition of administrative law?

    <p>'Little man' protection</p> Signup and view all the answers

    According to Lord Denning, what consequences can arise from the abuse of executive powers?

    <p>Leading to a totalitarian state</p> Signup and view all the answers

    According to Griffith and Street, what is the main object of administrative law?

    <p>'Operation and control'</p> Signup and view all the answers

    What are the four basic bricks of the foundation of administrative law as identified in the text?

    <p>Rulemaking, Judicial action, Ministerial action, Pure administrative action</p> Signup and view all the answers

    What principles form the basis of the rule of law as described in the text?

    <p>Freedom, Equality, Non-discrimination, Accountability</p> Signup and view all the answers

    'Administrative law is made up not only of legislative and executive rules but also:

    <p>'Quasi-legislative rules'</p> Signup and view all the answers

    What is the main idea behind the concept of accountability in relation to holders of public power?

    <p>Transparency and justification of actions</p> Signup and view all the answers

    'The unenviable diversity in definitions' is attributed to what reason according to the text?

    <p>'Singular attention'</p> Signup and view all the answers

    How does the text define the role of law in the context of the rule of law concept?

    <p>Law shapes and governs public power</p> Signup and view all the answers

    Which concept does the doctrine of separation of powers aim to protect?

    <p>Progressive diminution of arbitrary power</p> Signup and view all the answers

    What does the concept of rule of law focus on according to the text?

    <p>Values and legal order</p> Signup and view all the answers

    What is the underlying principle that forms the basis for the accountability of holders of public power as discussed in the text?

    <p>'Powers without responsibility'</p> Signup and view all the answers

    What does the rule of law primarily represent according to the text?

    <p>Values and a just legal framework</p> Signup and view all the answers

    How does Lord Denning view the modern concept of rule of law compared to natural law?

    <p>A modern synonym for natural law</p> Signup and view all the answers

    What is the main concept that Jain and Jain attribute to the growth of Administrative Law in Britain?

    <p>Rule of Law</p> Signup and view all the answers

    According to Davis, what did he identify as the principal doctrinal barrier to the development of the administrative process?

    <p>Theory of Separation of Powers</p> Signup and view all the answers

    Who is considered the originator of the concept of Rule of Law?

    <p>Edward Coke</p> Signup and view all the answers

    What term did the Romans use to refer to the Rule of Law?

    <p>Jus Naturale</p> Signup and view all the answers

    According to Dicey, what does the Rule of Law imply in terms of government officials?

    <p>Absence of special privileges</p> Signup and view all the answers

    How did medieval societies refer to the Rule of Law?

    <p>'Law of God'</p> Signup and view all the answers

    'Rule of law' is generally understood as a doctrine focusing on balancing:

    <p>'Rights' and 'Powers'</p> Signup and view all the answers

    What did Dicey highlight as an essential aspect concerning fundamental rights and legal proceedings?

    <p>'Equal subjection to ordinary law'</p> Signup and view all the answers

    What did Dicey identify as a key principle regarding the source of personal liberties?

    <p>'Natural Law'</p> Signup and view all the answers

    According to Dicey's view, what was the role of the courts of law in ensuring personal liberties?

    <p>Defending individual rights through judicial decisions in concrete cases.</p> Signup and view all the answers

    Why did Dicey criticize the French legal system of droit-administratif?

    <p>For establishing administrative tribunals for State officials and citizens.</p> Signup and view all the answers

    In which scenario did Dicey fear that fundamental rights could be easily abrogated?

    <p>When they were included in a written Constitution.</p> Signup and view all the answers

    What did Dicey assert would jeopardize individual rights according to his views on administrative tribunals?

    <p>Transference of authority from courts to administrative tribunals.</p> Signup and view all the answers

    Why did Dicey emphasize that individual rights should be enforceable in courts rather than just declared in a document?

    <p>To protect liberties from potential amendments to constitutions.</p> Signup and view all the answers

    What was Dicey's concern with the French droit-administratif regarding civil servants and their legal status?

    <p>They enjoyed special protections and separate tribunals.</p> Signup and view all the answers

    How did Dicey's views differentiate the British Constitutional system from many other countries with written Constitutions?

    <p>By emphasizing enforceability of individual rights through common law.</p> Signup and view all the answers

    'The Law of the Constitution is a consequence, not a source' refers to what concept according to Dicey's explanation?

    <p>'Fundamental Rights' based on common law decisions.</p> Signup and view all the answers

    'Such transference of authority slaps the foundation of the rule of law.' What does this statement imply according to Dicey's perspective?

    <p>'Administrative tribunals' threaten the core principle of 'equality before the law'.</p> Signup and view all the answers

    'Fundamental Rights can be abrogated if based on any document.' Why was Dicey concerned about this issue?

    <p>'Constitutions' can be amended to abrogate 'Fundamental Rights'.</p> Signup and view all the answers

    What does administrative law strive to develop in society?

    <p>Rule of law based on fairness, reasonableness, and justice</p> Signup and view all the answers

    Which constitutional articles are the source from which principles of administrative law emerged?

    <p>Articles 14 and 21</p> Signup and view all the answers

    What is the primary subject matter of administrative law as highlighted by Ivor Jennings?

    <p>Public administration</p> Signup and view all the answers

    What does the rapid growth of administrative law signify according to the text?

    <p>Significant legal advancement in the twentieth century</p> Signup and view all the answers

    How does administrative law contribute to a society based on fairness, reasonableness, and justice?

    <p>By defining and determining the organization and functions of administrative authorities</p> Signup and view all the answers

    Which term defines administrative law as per the text?

    <p>'The Law of Public Administration'</p> Signup and view all the answers

    What does Kenneth Culp Davis primarily include in his definition of Administrative Law?

    <p>Rulemaking and rule adjudication by administrative agencies</p> Signup and view all the answers

    What is the main focus of Global Administrative Law?

    <p>Influence of international organizations like the WTO</p> Signup and view all the answers

    Which concept forms a significant aspect of the emerging branch of administrative law called Global Administrative Law?

    <p>World trade regulations</p> Signup and view all the answers

    In the context of Rule of Law, what principle is being emphasized to prevent abuse of power by the executive?

    <p>Governmental accountability</p> Signup and view all the answers

    What does administrative law aim to protect in terms of individual rights?

    <p>Civil and political rights</p> Signup and view all the answers

    Which aspect characterizes the new norms of Rule of Law and judicial review needed for reconciling economic growth with social justice?

    <p>Protection of disadvantaged society sections</p> Signup and view all the answers

    What is the primary reason for the necessity to reevaluate reasons for the growth of administrative law according to the text?

    <p>Emergence of Global Administrative Law</p> Signup and view all the answers

    What is one key feature that distinguishes Administrative law from Constitutional law?

    <p>'Functional Formulations' inclusion</p> Signup and view all the answers

    'Rule of law and Judicial review acquire greater significance in a welfare state' primarily due to what reason according to the text?

    <p>'Executive overstepping power bounds'</p> Signup and view all the answers

    'Functional Formulations' in administrative law primarily serve what purpose?

    <p>To create legal precedents for future actions</p> Signup and view all the answers

    What does Professor Upendra Bakshi emphasize in his definition of administrative law?

    <p>The protection of individual rights</p> Signup and view all the answers

    According to Garner, what does administrative law primarily relate to?

    <p>Recognition by the courts as law</p> Signup and view all the answers

    What is the main issue with defining administrative law according to Davis?

    <p>Excluding non-legislative functions</p> Signup and view all the answers

    According to Wade, what is the primary goal of administrative law?

    <p>Protection against abuse of power</p> Signup and view all the answers

    What is the focus of Griffith and Street in their definition of administrative law?

    <p>Operation and control of authorities</p> Signup and view all the answers

    In the context of administrative law, what does Casey Davis advocate?

    <p>Recognition by the courts as law</p> Signup and view all the answers

    What aspect does Davis' definition of administrative law neglect?

    <p>Non-legislative functions of administration</p> Signup and view all the answers

    'Rule of Law' primarily aligns with which concept, according to Wade?

    <p>Protection against abuse of powers</p> Signup and view all the answers

    What is the main concern addressed by Wade in his definition of administrative law?

    <p>Protection against governmental power abuse</p> Signup and view all the answers

    According to Griffith and Street, what are the four aspects that administrative law deals with?

    <p>Organization and powers of agencies; Powers limits; Prescribing procedures; Control through various means</p> Signup and view all the answers

    What did Dicey fear in terms of fundamental rights being based on a document like a Constitution?

    <p>They could be easily abrogated by amending the Constitution.</p> Signup and view all the answers

    How did Dicey view administrative tribunals for civil servants in France?

    <p>As a threat to equality and the rule of law.</p> Signup and view all the answers

    What was Dicey's primary concern about declaring rights in documents or statutes?

    <p>They would lose their enforceability.</p> Signup and view all the answers

    According to Dicey, why did the special tribunals for civil servants in France go against the principle of equality?

    <p>They took away the citizens' access to ordinary courts.</p> Signup and view all the answers

    Why did Dicey emphasize the role of courts in enforcing individual rights rather than relying on declarations in documents?

    <p>To prevent misuse of government power.</p> Signup and view all the answers

    What aspect of the British Constitutional system did Dicey highlight in contrast to many other countries with written Constitutions?

    <p>The role of the courts as guarantors of liberty and rights.</p> Signup and view all the answers

    What did Dicey believe was the consequence of transferring authority away from courts and restricting access to them?

    <p>'Rule of Law' foundation was undermined.</p> Signup and view all the answers

    What did Sir Edward Coke establish in a battle against the King?

    <p>The supremacy of the law against the executive</p> Signup and view all the answers

    Which term did the Romans use to refer to the concept of Rule of Law?

    <p>Just Law</p> Signup and view all the answers

    According to Dicey, what does the Rule of Law imply regarding government officials?

    <p>Special privileges for government officials</p> Signup and view all the answers

    The concept of 'Rule of Law' is derived from which French phrase?

    <p>La principe de legalite</p> Signup and view all the answers

    What does the term 'Rule of Law' embody according to the text?

    <p>Supremacy of law</p> Signup and view all the answers

    What was the principal doctrinal barrier, according to Davis, hindering the development of the administrative process?

    <p>'Doctrine of Separation of Powers'</p> Signup and view all the answers

    What idea is enunciated by Dicey regarding equal subjection under the Rule of Law?

    <p>'Absence of special privileges for a government official or any other person'</p> Signup and view all the answers

    'Rule of law' is generally understood as a doctrine focusing on balancing which elements in society?

    <p>'Rights and powers'</p> Signup and view all the answers

    'Rule of proper law balances the needs of society and the individual.' What attribute does this statement suggest about the rule of law?

    <p>'Infuses law with moral qualities'</p> Signup and view all the answers

    What is the primary reason for the rapid growth of administrative law in modern times?

    <p>Increasing governmental functions and powers</p> Signup and view all the answers

    What distinguishes administrative law as a separate branch of legal discipline, particularly in India?

    <p>Ensuring social security and welfare for the common man</p> Signup and view all the answers

    Which of the following categories do the functions of a modern state NOT broadly fall into, as mentioned in the text?

    <p>Economic liberator</p> Signup and view all the answers

    What did the laissez-faire doctrine result in, according to the text?

    <p>Human misery</p> Signup and view all the answers

    What has been characterized as the most outstanding legal development of the 20th century?

    <p>Rapid growth of administrative law</p> Signup and view all the answers

    What change occurred in the philosophy of the State in the 20th century based on the text?

    <p>Transition to a welfare state concept</p> Signup and view all the answers

    What does the text highlight as a distinctive function of the State in modern times?

    <p>Regulating industrial relations</p> Signup and view all the answers

    'From cradle to grave' implies that the modern State takes care of its citizens by providing:

    <p><strong>Social security</strong> and welfare benefits throughout their life</p> Signup and view all the answers

    What is considered as a major area for study and research due to its growth and development?

    <p>Administrative law</p> Signup and view all the answers

    What led to the recognition of administrative law as a separate branch of legal discipline in India?

    <p>Increase in governmental functions</p> Signup and view all the answers

    What does the doctrine of separation of powers aim to achieve?

    <p>Progressive diminution of arbitrary power to safeguard individual life and dignity</p> Signup and view all the answers

    Why is the concept of the rule of law considered an idea?

    <p>It is based on principles like freedom and non-discrimination</p> Signup and view all the answers

    What is the primary focus of the rule of law?

    <p>Ensuring that law rules based on just principles</p> Signup and view all the answers

    How does Lord Denning describe the consequences of abusing executive powers?

    <p>Resulting in a Totalitarian State</p> Signup and view all the answers

    What differentiates 'Rule according to law' from 'Rule of law'?

    <p>Ensuring social justice vs. ensuring legal validity</p> Signup and view all the answers

    In what way does the doctrine of separation of powers align with the concept of natural law?

    <p>By safeguarding individual liberties and dignity</p> Signup and view all the answers

    What is the fundamental concept underlying the idea of accountability in public administration?

    <p>Justification of public power to the people</p> Signup and view all the answers

    Why does administrative law deal with controlling the methods and procedures of administrative organs?

    <p>To ensure adherence to principles like freedom and equality</p> Signup and view all the answers

    What is the main challenge highlighted in the text regarding the sources of administrative law in India?

    <p>Inconsistency in procedures and powers of tribunals</p> Signup and view all the answers

    How does Hood Phillips differentiate between Constitutional law and Administrative law?

    <p>Constitutional law regulates government organization at rest while Administrative law concerns organization in motion</p> Signup and view all the answers

    According to Keith, why does he argue that distinguishing between Constitutional law and Administrative law is logically impossible?

    <p>The two are interrelated and complementary</p> Signup and view all the answers

    What is the key focus of Administrative Law, as described in the text?

    <p>Monitoring administrative authorities' powers and actions</p> Signup and view all the answers

    How does Constitutional law differ from Administrative law, according to Maitland?

    <p>Constitutional law focuses on detailed governmental functions while Administrative law deals with broader structures</p> Signup and view all the answers

    What is highlighted as the primary distinction between Constitutional law and Administrative law by English and American authors?

    <p>'Rule of Law' in Constitutional law deals with structure, while in Administrative law it deals with functions</p> Signup and view all the answers

    'Rule of Law' primarily represents:

    <p>'Rule according to legal principles'</p> Signup and view all the answers

    'Global Administrative Law' mainly concerns the influence of:

    <p>'Rule of Law' on administrative practices worldwide</p> Signup and view all the answers

    'Forms of accountability may differ' but what must remain unchanged according to the text?

    <p>'Public justification for rulers' actions'</p> Signup and view all the answers

    'Administrative law is made up not only of legislative and executive rules but also of what other key component?'

    <p>'Judicial decisions'</p> Signup and view all the answers

    What does administrative law primarily strive to develop in society?

    <p>Rule of law society based on fairness, reasonableness, and justice</p> Signup and view all the answers

    What is the source from which principles of administrative law emerged?

    <p>Articles 14 and 21 of the Constitution</p> Signup and view all the answers

    Which organs of the state are primarily dealt with in the Constitution in relation to administrative law?

    <p>Legislative, executive, and judicial organs</p> Signup and view all the answers

    What area does administrative law primarily encompass according to Ivor Jennings?

    <p>Public administration</p> Signup and view all the answers

    What is the main focus of administrative law according to the text?

    <p>Defining and determining organization, functions, and powers of administrative authorities</p> Signup and view all the answers

    Which development is highlighted as the most significant of the twentieth century in the text?

    <p>Rapid growth of administrative law</p> Signup and view all the answers

    What is the primary focus of administrative law according to the text?

    <p>Controlling the abuse of powers by administrative authorities</p> Signup and view all the answers

    According to Wade, what does administrative law primarily relate to?

    <p>Control of governmental power</p> Signup and view all the answers

    What is one aspect missing from Garner's definition of Administrative Law according to the text?

    <p>Composition and powers of administrative authorities</p> Signup and view all the answers

    What difficulty arises in accepting Davis' definition of an administrative agency according to the text?

    <p>Neglects non-adjudicative functions</p> Signup and view all the answers

    According to Professor Upendra Bakshi, what is the primary role of administrative law?

    <p>Protect citizens against the arbitrary exercise of public power</p> Signup and view all the answers

    What does Wade highlight regarding the sources of Constitutional law and Administrative law?

    <p>'Recognition by courts as law'</p> Signup and view all the answers

    Why do definitions of administrative law vary, according to the text?

    <p>'Unenviable diversity' in specialists' emphasis on certain aspects</p> Signup and view all the answers

    'Rule according to law' contrasts 'Rule of Law' primarily in terms of:

    <p>'Substantive law produced by agencies'</p> Signup and view all the answers

    'Fundamental Rights can be abrogated if based on any document.' Why was Dicey concerned about this issue?

    <p>It could lead to arbitrary government actions.</p> Signup and view all the answers

    What did Sir Edward Coke's main contribution to the concept of Rule of Law entail?

    <p>On ensuring all individuals were subject to law.</p> Signup and view all the answers

    What significant change in the role of the State occurred in the 20th century as discussed in the text?

    <p>Transition from a police State to a welfare State</p> Signup and view all the answers

    What does the growth of administrative law in modern times directly correlate with, according to the text?

    <p>The expansion of administrative powers and functions</p> Signup and view all the answers

    How has the modern State evolved in terms of its role towards citizens based on the text?

    <p>From being indifferent to citizens' needs to being proactive in social welfare</p> Signup and view all the answers

    Why did the concept of administrative law become more recognizable in the 20th century as mentioned in the text?

    <p>Because of the rise of social welfare states</p> Signup and view all the answers

    What impact did the emergence of social welfare ideals have on the functions of the modern State?

    <p>Led to an increase in state operations and functions</p> Signup and view all the answers

    What was the primary characteristic of the State's role before the emergence of social welfare concepts as per the text?

    <p>Strictly security and defense functions</p> Signup and view all the answers

    In what manner has administrative law become an integral area for study and research as highlighted in the text?

    <p>By encompassing every aspect of individual life under state regulation</p> Signup and view all the answers

    How has administrative law expanded its scope and significance in modern times according to the text?

    <p>Through multiplying governmental functions and regulations</p> Signup and view all the answers

    What is one reason cited in the text for the growth and development of administrative law during modern times?

    <p>'State transformation' towards welfare provisions</p> Signup and view all the answers

    How does the text describe the current level of involvement of administrative law in an individual's life?

    <p>'Administrative ubiquity' impacting every aspect of an individual's life</p> Signup and view all the answers

    What is the primary focus of administrative law in relation to governmental functions, according to Hood Phillips?

    <p>Regulating the functions of the government</p> Signup and view all the answers

    According to Keith, what makes it logically impossible to distinguish administrative law from Constitutional law?

    <p>Inherent interrelation</p> Signup and view all the answers

    Which legal scholar believes that the distinction between Constitutional law and administrative law is primarily based on degree, convenience, and custom?

    <p>English authors</p> Signup and view all the answers

    In the context of India's legal system, what does Constitutional law primarily focus on according to the text?

    <p>Citizens' rights</p> Signup and view all the answers

    What is the core distinction between Constitutional law and administrative law according to Maitland?

    <p>Detailing of functions</p> Signup and view all the answers

    What does Administrative Law primarily concern itself with according to Kenneth Culp Davis?

    <p>Government organizations</p> Signup and view all the answers

    In the context of Keith's view on administrative law, what is the emphasis on differentiating Constitutional law from administrative law?

    <p>'Degree' principle</p> Signup and view all the answers

    According to Hood Phillips, what aspect of government does Constitutional law focus on compared to Administrative law?

    <p>'Functions at rest'</p> Signup and view all the answers

    What did the Law Commission of India emphasize in the context of a welfare state?

    <p>Need for continuous enforcement of the Rule of law</p> Signup and view all the answers

    Which aspect is emphasized in the development of Global Administrative Law as per the text?

    <p>Dictation of guidelines by international bodies</p> Signup and view all the answers

    According to Kenneth Culp Davis, what does Administrative Law primarily concern?

    <p>Powers and procedures of administrative agencies</p> Signup and view all the answers

    What is a key feature of Global Administrative Law as highlighted in the text?

    <p>Impacting people in various countries through guidelines</p> Signup and view all the answers

    How do early English writers differ from modern authors regarding Administrative Law?

    <p>They saw it as part of Constitutional law</p> Signup and view all the answers

    What characterizes the emerging field of Global Administrative Law?

    <p>Dictation of guidelines by supranational organizations</p> Signup and view all the answers

    Why is it challenging to define Administrative Law according to the text?

    <p>'Unenviable diversity' in attempting precise demarcation</p> Signup and view all the answers

    What is the main objective highlighted by some jurists regarding Administrative Law?

    <p>'Governmental accountability' and 'participation in decision-making'</p> Signup and view all the answers

    'Rule adjudication' falls under which aspect of Administrative Law according to Kenneth Culp Davis?

    <p>'Rule application'</p> Signup and view all the answers

    'Functional formulations' in Administrative Law mainly refer to what according to the text?

    <p>'Exercise of discretion forming rules for future action'</p> Signup and view all the answers

    What does Lord Denning suggest about the consequences of abusing executive powers?

    <p>It leads to a Totalitarian State</p> Signup and view all the answers

    What is a key aspect that administrative law defines?

    <p>The limits of governmental powers</p> Signup and view all the answers

    In what way is the rule of law contrasted with 'Rule of man'?

    <p>Rule of law emphasizes accountability, while 'Rule of man' focuses on arbitrary decisions</p> Signup and view all the answers

    What concept does the doctrine of separation of powers aim to protect?

    <p>Individual life, liberty, and dignity</p> Signup and view all the answers

    Why does the text mention that the rule of law is not capable of any exact definition?

    <p>To highlight its dynamic and evolving character</p> Signup and view all the answers

    What is the primary idea behind the concept of accountability in relation to holders of public power?

    <p>To justify the exercise of public power to the people</p> Signup and view all the answers

    How does the rule of law differ from 'Rule according to law'?

    <p>'Rule according to law' requires adherence to laws, while the rule of law implies just and fair laws</p> Signup and view all the answers

    What does the concept of natural law represent?

    <p>An idea beyond human creation</p> Signup and view all the answers

    How does Wade define administrative law?

    <p>As a flexible doctrine with inherent fundamentals and rationality</p> Signup and view all the answers

    In the context of Dicey's explanation, what does the Rule of Law imply?

    <p>Equal subjection of all classes to ordinary law</p> Signup and view all the answers

    What did Sir Edward Coke establish successfully against the executive?

    <p>The supremacy of the law against the executive</p> Signup and view all the answers

    According to Jain and Jain, which doctrine had a significant impact on Administrative Law development in the U.S.?

    <p>Doctrine of Separation of Powers</p> Signup and view all the answers

    What is the primary focus of the concept of Rule of Law in securing a correct balance?

    <p>Equity and fairness</p> Signup and view all the answers

    According to Davis, what was the principal doctrinal barrier to the development of the administrative process?

    <p>Doctrine of Separation of Powers</p> Signup and view all the answers

    How does Rule of Law relate to State political morality according to the text?

    <p>'Rule of law' concentrates on securing a correct balance</p> Signup and view all the answers

    What does 'la principe de legalite' refer to in relation to government according to the text?

    <p>'Rule by law' instead of 'rule by men'</p> Signup and view all the answers

    'Just Law' or 'Jus Naturale' was traced back to which historical period according to the text?

    <p>Roman era</p> Signup and view all the answers

    What did Dicey emphasize regarding individuals' subjection under the rule of law in England?

    <p>'Equal subjection to one and same law'</p> Signup and view all the answers

    'Supremacy of law' embodies which concept according to the text?

    <p>'Anarchy'</p> Signup and view all the answers

    What did Dicey fear would happen if fundamental rights were declared in a document?

    <p>They could be easily amended</p> Signup and view all the answers

    According to Dicey, what was the consequence of having individual rights defined and enforced by courts?

    <p>Rights were more secure</p> Signup and view all the answers

    In the context of individual rights, what did Dicey emphasize about the role of the judiciary?

    <p>The judiciary should be the sole protector</p> Signup and view all the answers

    What did Dicey criticize about the French legal system's treatment of civil servants?

    <p>Special protection in administrative tribunals</p> Signup and view all the answers

    How did Dicey view the French legal system's provision of special tribunals for officials?

    <p>As a violation of equality</p> Signup and view all the answers

    What aspect of administrative law did Dicey see as crucial for upholding individual rights?

    <p>Role of ordinary courts</p> Signup and view all the answers

    How did Dicey believe fundamental freedoms would be more adequately secured?

    <p>By enforceability in courts of law</p> Signup and view all the answers

    'Equal subjection to ordinary law' as per Dicey implies:

    <p>'Rule of Law'</p> Signup and view all the answers

    'Transference of authority' from courts to administrative tribunals was criticized by Dicey because it:

    <p>Undermined the rule of law</p> Signup and view all the answers

    What did Dicey believe was the consequence if fundamental rights were based on any document or statute?

    <p>They could be ignored or curtailed</p> Signup and view all the answers

    Administrative law is primarily concerned with?

    <p>Developing a rule of law society based on fairness, reasonableness, and justice</p> Signup and view all the answers

    What is the main focus of administrative law, as highlighted in the text?

    <p>Determining the organization, functions, powers, and duties of administrative authorities</p> Signup and view all the answers

    In the context of administrative law, which constitutional articles are mentioned as the source of its principles?

    <p>Articles 14 and 21</p> Signup and view all the answers

    What is one of the fundamental aspects that administrative law deals with?

    <p>Relating to civil service, public departments, and statutory bodies exercising quasi-judicial functions</p> Signup and view all the answers

    Which statement best describes administrative law's relationship with constitutional law?

    <p>Administrative law is a subset of constitutional law according to Ivor Jennings</p> Signup and view all the answers

    As per the text, what is one of the significant developments of the twentieth century related to administrative law?

    <p>The rapid growth of administrative law</p> Signup and view all the answers

    What does Administrative Law aim to protect?

    <p>Individual rights</p> Signup and view all the answers

    Which statement best describes the main objective of Administrative Law?

    <p>Protecting individual rights</p> Signup and view all the answers

    What aspect is emphasized by those defining Administrative Law as ensuring governmental accountability?

    <p>Stakeholder participation in decisions</p> Signup and view all the answers

    According to Kenneth Culp Davis, what does Administrative Law concern?

    <p>Powers and procedures of administrative agencies</p> Signup and view all the answers

    Which entities fall within the scope of Administrative Law as mentioned in the text?

    <p>All of the above</p> Signup and view all the answers

    What differentiates Administrative Law from Constitutional law according to early English writers?

    <p>'Rulemaking' and 'rule adjudication' focus</p> Signup and view all the answers

    'Global Administrative Law' primarily deals with regulations from which entity?

    <p>World Trade Organization (WTO)</p> Signup and view all the answers

    'Rule of law' seeks to reconcile economic growth with which principle?

    <p>Social justice</p> Signup and view all the answers

    'Administrative Law includes a large body of precedents and __________?'

    <p>Functional formulations</p> Signup and view all the answers

    What did Lord Denning say about the consequences of properly and improperly exercised new powers of the executive?

    <p>They lead to a Totalitarian State when abused.</p> Signup and view all the answers

    What do the four basic bricks of administrative law foundation include based on the text?

    <p>Rulemaking or quasi legislative action</p> Signup and view all the answers

    How is the Administrative Procedure Act, 1946 in the USA and Tribunals and Inquiries Act, 1958 in England relevant to administrative agencies?

    <p>They establish procedural guidelines for administrative agencies.</p> Signup and view all the answers

    Which principle is NOT considered an essential component of the rule of law?

    <p>Decentralization</p> Signup and view all the answers

    What does the concept of 'rule of law' primarily emphasize?

    <p>Principles of freedom and equality</p> Signup and view all the answers

    How does the concept of 'rule of law' differ from 'Rule according to law'?

    <p>'Rule of law' emphasizes accountability and equality.</p> Signup and view all the answers

    What is the central idea behind accountability in relation to public rulers according to the text?

    <p>Rulers must justify their actions publicly to protect individual rights.</p> Signup and view all the answers

    Which concept is an essential value represented by the rule of law?

    <p>&quot;Freedom&quot;</p> Signup and view all the answers

    'Forms of accountability may differ, but what must remain consistent according to the text?'

    <p>&quot;Public justification&quot;</p> Signup and view all the answers

    What significant change in the role of the State has occurred in the 20th century according to the provided text?

    <p>Shift from sovereign functions to social security and welfare</p> Signup and view all the answers

    What is the primary concern with the definition of administrative law provided by Davis?

    <p>It excludes non-adjudicative administrative functions.</p> Signup and view all the answers

    What is a defining characteristic of administrative law in modern times mentioned in the text?

    <p>Ubiquitous presence in individual lives</p> Signup and view all the answers

    According to Garner, how does he describe administrative law?

    <p>Principles and rules recognized by the courts as law regulating government administration.</p> Signup and view all the answers

    What concept has led to a significant increase in state operations and the assumption of new functions according to the text?

    <p>Directive principles in the preamble to the Indian Constitution</p> Signup and view all the answers

    What aspect does Wade primarily emphasize in his definition of administrative law?

    <p>The control of governmental power.</p> Signup and view all the answers

    What key factor has directly contributed to the rapid growth of administrative law in modern times as per the text?

    <p>Expansion of governmental responsibilities</p> Signup and view all the answers

    What is the main idea behind Professor Upendra Bakshi's emphasis on administrative law?

    <p>Protection of citizens' rights against arbitrary exercise of public power.</p> Signup and view all the answers

    What distinguishes the UK's source of administrative law from India's source?

    <p>Written Constitution in the UK and unwritten norms in India.</p> Signup and view all the answers

    How has the role of the State evolved from historical conceptions according to the text?

    <p>Minimal involvement in social and economic life</p> Signup and view all the answers

    What does the emergence of the social welfare concept lead to in democracies as mentioned in the text?

    <p>Phenomenal increase in state operations</p> Signup and view all the answers

    What is the main difficulty in accepting Davis' definition of administrative agency?

    <p>It excludes certain essential non-adjudicative functions.</p> Signup and view all the answers

    What aspect does the State focus on, transforming it into a welfare state as per the text?

    <p>Providing for every aspect of human life</p> Signup and view all the answers

    What led to the State taking over functions previously left to private enterprise as highlighted in the text?

    <p>'Social welfare' philosophy</p> Signup and view all the answers

    'The modern State takes care of its citizens from 'cradle to grave.' What does this statement imply according to the text?

    <p>'Welfare state' policies</p> Signup and view all the answers

    'All these developments have widened the scope and ambit of administrative law.' What do these developments refer to in the text?

    <p>Increase in 'state activism'</p> Signup and view all the answers

    What did Dicey criticize about the French legal system of droit-administratif?

    <p>Negation of equality by exempting civil servants from ordinary courts</p> Signup and view all the answers

    Why did Dicey believe that enforcing individual rights through the courts of law was more secure than a mere declaration of rights in a document?

    <p>Rights declared in a document can be ignored or trampled upon</p> Signup and view all the answers

    What did Dicey fear would render a written Constitution meaningless?

    <p>Absence of a strong judiciary</p> Signup and view all the answers

    How did Dicey describe the role of courts of law in enforcing individual rights?

    <p>As guarantors of individual liberties</p> Signup and view all the answers

    What was the consequence Dicey feared about defining fundamental rights through a document like a Constitution?

    <p>Risk of fundamental rights being abrogated through amendments</p> Signup and view all the answers

    What did Dicey assert about any encroachment on the jurisdiction of courts?

    <p>It jeopardizes individual rights</p> Signup and view all the answers

    According to Dicey, why did he see the administrative authorities' functions as problematic?

    <p>'Judicial' functions performed outside a court setting</p> Signup and view all the answers

    What did Dicey emphasize regarding judicial decisions in concrete cases and their impact on individual rights?

    <p>&quot;Judicial decisions form the basis for fundamental freedoms&quot;</p> Signup and view all the answers

    "The Law of the Constitution" emphasizes what aspect according to Dicey?

    <p>'Rights are defined and enforced by judicial decisions'</p> Signup and view all the answers

    What did Dicey criticize about distinct administrative tribunals for deciding cases between State officials and citizens?

    <p>Their exemption of civil servants from ordinary courts</p> Signup and view all the answers

    What is the main source of administrative law in the absence of legislation?

    <p>Rules, regulations, orders, notifications, etc.</p> Signup and view all the answers

    Who is considered the originator of the concept of Rule of Law?

    <p>Sir Edward Coke</p> Signup and view all the answers

    What did Dicey criticize about the French legal system of droit-administratif?

    <p>Presence of separate tribunals for officials and other authorities</p> Signup and view all the answers

    According to Maitland, what is the distinction between Constitutional law and Administrative law?

    <p>Constitutional law deals with details while Administrative law deals with broader rules.</p> Signup and view all the answers

    What is the nature of Keith's view regarding the distinction between Constitutional and Administrative law?

    <p>Artificial and based on degree, convenience, and custom</p> Signup and view all the answers

    Which term is used to describe a government based on principles of law and not men?

    <p>La principe de legalite</p> Signup and view all the answers

    What does Administrative Law primarily deal with?

    <p>Organization and functions of Government in motion</p> Signup and view all the answers

    What does Dicey suggest would be futile if individual rights were merely declared in a statute or Constitution?

    <p>Supremacy of law against the executive</p> Signup and view all the answers

    According to Hood Phillips, how does Constitutional law differ from Administrative law?

    <p>Constitutional law deals with structure while Administrative law deals with function in motion.</p> Signup and view all the answers

    What did Kenneth Culp Davis exclude from his definition of Administrative Law according to the text?

    <p>'Rule of men'</p> Signup and view all the answers

    What critical aspect does the concept of Rule of Law aim to balance?

    <p>Rights and Powers of individuals and the state</p> Signup and view all the answers

    What does Administrative Law focus on in terms of administrative authorities?

    <p>Powers, their exercise, and remedies for abuse</p> Signup and view all the answers

    Which part of Constitutional Law does Administrative Law encompass?

    <p>Powers and functions of administrative authorities in detail</p> Signup and view all the answers

    'Rule of proper law balances the needs of society and the individual.' What attribute does this statement suggest about the rule of law?

    <p>'Proper law' over Arbitrary powers</p> Signup and view all the answers

    'Rule of law' is generally understood as a doctrine that focuses on what aspect in a free and civil society according to the text?

    <p>'Balance' between 'Rights' and 'Powers'</p> Signup and view all the answers

    'The execution of social welfare programs may infringe on citizen rights.' What does this statement imply about the role of Administrative Law?

    <p>'The role is to reconcile social welfare with individual rights.'</p> Signup and view all the answers

    'The social contractualists like Hobbes, Locke, and Rousseau called Rule of Law as Contract law or Natural Law.' How did these thinkers refer to the Rule of Law in their respective theories?

    <p>'Natural Law'</p> Signup and view all the answers

    What does Wade suggest regarding distinguishing between Constitutional Law and Administrative Law?

    <p>There's no clear distinction between them.</p> Signup and view all the answers

    What is the primary concern of a comprehensive legislation on administrative law in India according to the text?

    <p>Providing uniformity in maintaining procedures and powers for tribunals.</p> Signup and view all the answers

    What was the term that Dicey derived from the French phrase la principe de legalite to describe government based on principles of law?

    <p>Rule of law</p> Signup and view all the answers

    What aspect of society does administrative law aim to develop?

    <p>Rule of law based on fairness, reasonableness, and justice</p> Signup and view all the answers

    Which constitutional articles are foundational for the principles of administrative law?

    <p>Articles 14 and 21</p> Signup and view all the answers

    What does administrative law primarily focus on defining about administrative authorities?

    <p>Their organization, functions, powers, and duties</p> Signup and view all the answers

    Which entities fall under the scope of administrative authorities as mentioned in the text?

    <p>Local authorities and public departments</p> Signup and view all the answers

    What is the most significant development of the twentieth century according to the text?

    <p>Rapid growth of administrative law</p> Signup and view all the answers

    According to Ivor Jennings, what is the subject matter of administrative law?

    <p>Public administration</p> Signup and view all the answers

    What is the primary focus of administrative law according to Davis?

    <p>Regulating the rights of private parties</p> Signup and view all the answers

    What is the main difficulty with Davis's definition of administrative agency?

    <p>It excludes non-adjudicative administrative functions.</p> Signup and view all the answers

    According to Wade, what is the primary goal of administrative law?

    <p>Controlling the abuse of powers by administrative authorities</p> Signup and view all the answers

    What does Griffith and Street identify as one of the aspects dealt with by administrative law?

    <p>Control mechanisms for administrative authorities</p> Signup and view all the answers

    How does Upendra Bakshi define administrative law?

    <p>Control of governmental power abuse</p> Signup and view all the answers

    What is the primary concern for Griffith and Street in administrative law?

    <p>Controlling administrative authorities</p> Signup and view all the answers

    According to Garner, what does Administrative Law relate to?

    <p>Courts' recognition of law</p> Signup and view all the answers

    What characterizes administrative law as a separate branch of legal discipline?

    <p>Its focus on social security and welfare</p> Signup and view all the answers

    How has the role of the State evolved in modern times according to the text?

    <p>It has shifted from an emphasis on law and order to providing social welfare</p> Signup and view all the answers

    What is the primary reason for the rapid growth of administrative law in modern times?

    <p>Increase in administrative powers and functions</p> Signup and view all the answers

    What defines modern State's approach towards its citizens?

    <p>Taking care of citizens from 'cradle to grave'</p> Signup and view all the answers

    What significant change occurred in the role of the State in administrative law according to the text?

    <p>Transitioning from a minimal government role to a welfare state</p> Signup and view all the answers

    What defines administrative law's scope according to the text?

    <p>Widening due to state impingement on individuals' lives</p> Signup and view all the answers

    Which phrase best captures the essence of modern State's responsibilities towards its citizens?

    <p>'Welfare State'</p> Signup and view all the answers

    What directly contributed to the emergence of administrative law as a significant area for study and research?

    <p>'Cradle to Grave' approach by the State</p> Signup and view all the answers

    What motivated the differentiation of administrative law as a separate branch of legal discipline?

    <p>Emphasis on ensuring social security and welfare</p> Signup and view all the answers

    What is the primary concern when Lord Denning mentions the new powers of the executive?

    <p>Achieving Totalitarian State</p> Signup and view all the answers

    How can the concept of rule of law be distinguished from 'Rule of man'?

    <p>Focus on individual freedoms</p> Signup and view all the answers

    What fundamental idea does accountability in governance primarily revolve around?

    <p>Justifying exercise of public power</p> Signup and view all the answers

    What does the term 'rule of law' entail in terms of the exercise of public power?

    <p>Justifying public power through ideals</p> Signup and view all the answers

    Why is the enforcement of individual rights emphasized in a system based on the rule of law?

    <p>To secure fundamental freedoms adequately</p> Signup and view all the answers

    What concept is considered a modern name for natural law in the text?

    <p>'Rule of law'</p> Signup and view all the answers

    How does the concept of accountability contribute to governmental functions?

    <p>By justifying public power as socially just and reasonable</p> Signup and view all the answers

    What is the primary focus when considering the doctrine of separation of powers?

    <p>Accumulation of power as a safeguard against tyranny</p> Signup and view all the answers

    'Rule of law' emphasizes governance based on which principles?

    <p>'Rule according to law'</p> Signup and view all the answers

    What is the main emphasis of Administrative Law, according to Kenneth Culp Davis?

    <p>Controlling the powers of the government</p> Signup and view all the answers

    What is the main concern for the development of new norms of Rule of law and judicial review?

    <p>Economic growth in disregard of social justice</p> Signup and view all the answers

    What does Administrative Law primarily focus on today based on the text?

    <p>Facilitating, enabling, and regulating state functions</p> Signup and view all the answers

    In the context described, what is the emerging branch of administrative law commonly referred to as?

    <p>International Administrative Law</p> Signup and view all the answers

    According to the text by Kenneth Culp Davis, what does the study of Administrative Law include?

    <p>Administrative rule adjudication</p> Signup and view all the answers

    What is the primary concern when reconciling economic growth with social justice in administrative law?

    <p>Development of new norms of Rule of law</p> Signup and view all the answers

    'Global Administrative Law' pertains to regulations imposed by:

    <p>Regional trade organizations</p> Signup and view all the answers

    'Rule of proper law balances the needs of society and the individual.' What does this imply according to the text?

    <p>'Rule of proper law' aims to create harmony between societal needs and individual rights.</p> Signup and view all the answers

    'Rights would be secured more adequately if they were enforceable in the courts of law.' - What did Dicey imply about securing individual rights?

    <p>'Rights are best protected through legal enforcement mechanisms.'</p> Signup and view all the answers

    'Rule of Law' implies that:

    <p>'The government must act within defined legal constraints.'</p> Signup and view all the answers

    What is the main source of administrative law in the absence of legislation?

    <p>Orders and notifications</p> Signup and view all the answers

    According to Maitland, what is the main difference between Constitutional law and Administrative law?

    <p>Constitutional law deals with functions at rest, while Administrative law deals with functions in motion</p> Signup and view all the answers

    What is the distinction between Constitutional law and Administrative law according to English and American authors?

    <p>A distinction of degree, convenience, and custom</p> Signup and view all the answers

    In what way does Constitutional law differ from Administrative law according to Hood Phillips?

    <p>Constitutional law is concerned with functions at rest, while Administrative law deals with functions in motion</p> Signup and view all the answers

    What does Keith remark about distinguishing administrative law from Constitutional law?

    <p>'It is logically impossible to distinguish administrative law from Constitutional law.'</p> Signup and view all the answers

    What does Davis emphasize as the role of an administrative agency?

    <p>'Regulating administrative powers'</p> Signup and view all the answers

    According to Maitland, how does Constitutional law differ from Administrative law in terms of focus?

    <p>'Constitutional law focuses on structure and functions'</p> Signup and view all the answers

    'Nature & Scope' of Administrative Law deals primarily with what aspects?

    <p>'Powers &amp; abuses by authorities'</p> Signup and view all the answers

    'Administrative process' is considered a necessary evil due to what factor discussed in the text?

    <p>'Impact on individual rights'</p> Signup and view all the answers

    'Source of fundamental freedoms' in the British Constitutional system as emphasized by Dicey refers to what?

    <p>'Rule of Law'</p> Signup and view all the answers

    Who is credited with originating the concept of the 'Rule of Law'?

    <p>Sir Edward Coke</p> Signup and view all the answers

    What did Dicey emphasize as a fundamental aspect of the 'Rule of Law' regarding individuals' subjection to the law?

    <p>Equal subjection of all persons to law passed by ordinary legislative organs</p> Signup and view all the answers

    How did Dicey explain the concept of 'Rule of Law' in terms of individuals' rights and powers?

    <p>Striking a balance between rights and powers</p> Signup and view all the answers

    In what sense does the 'Rule of Law' imply the absence of special privileges according to Dicey?

    <p>No person should be deprived of office or property except for breach of law established in ordinary legal manner</p> Signup and view all the answers

    Which historical concept does the term 'Rule of Law' originate from according to the text?

    <p>'Principe de Legalite'</p> Signup and view all the answers

    What does the text suggest is a key aspect emphasized by Dicey regarding the rule of law?

    <p>Equal subjection to law for all irrespective of status</p> Signup and view all the answers

    In Dicey's view, what would jeopardize individual rights according to his opinions on administrative tribunals?

    <p>'Rule by Man'</p> Signup and view all the answers

    According to Dicey, what role do courts play in safeguarding individual liberties?

    <p>'Supremacy of Law'</p> Signup and view all the answers

    What aspect does the concept of 'Rule of Law' primarily align with according to Wade?

    <p>'Natural Law'</p> Signup and view all the answers

    What was Dicey’s primary concern about declaring rights in documents or statutes?

    <p>Abrogation and limitation</p> Signup and view all the answers

    What was Dicey's main concern regarding the source of fundamental rights being a document?

    <p>They could be challenged by the government at any time.</p> Signup and view all the answers

    In the context of the English legal system, what did Dicey believe was the role of courts of law in guaranteeing liberty?

    <p>To act as guarantors of liberty through common law.</p> Signup and view all the answers

    Why did Dicey criticize the French legal system of droit-administratif?

    <p>For exempting civil servants from ordinary court jurisdiction.</p> Signup and view all the answers

    According to Dicey, what was the consequence of transferring authority from courts to special tribunals?

    <p>Negation of equality and the rule of law.</p> Signup and view all the answers

    Why did Dicey emphasize the role of judiciary in enforcing individual rights and personal freedoms?

    <p>To ensure rights were secure and enforceable.</p> Signup and view all the answers

    What did Dicey fear could happen if individual rights were merely declared in a statute or in a Constitution?

    <p>Rights could be ignored, curtailed, or trampled upon.</p> Signup and view all the answers

    Why did Dicey see transferring authority to distinct administrative tribunals as a threat to individual rights?

    <p>It went against the principle of equal subjection to ordinary law.</p> Signup and view all the answers

    Which concept does administrative law primarily aim to develop in society?

    <p>Rule of law</p> Signup and view all the answers

    What is the main focus of administrative law in relation to public administration?

    <p>Regulating government operations</p> Signup and view all the answers

    What does administrative law primarily deal with, excluding constitutional matters?

    <p>Administrative law deals with other powers and the functions of the administrative authorities</p> Signup and view all the answers

    What is the primary objective of administrative law according to Ivor Jennings?

    <p>Ensuring public administration efficiency</p> Signup and view all the answers

    Which legal field does Holland and Maitland suggest that administrative law is a part of?

    <p>Constitutional law</p> Signup and view all the answers

    What significant development of the twentieth century is highlighted in the text regarding administrative law?

    <p>Rapid growth of administrative law</p> Signup and view all the answers

    What does the concept of Rule of law primarily emphasize?

    <p>Accountability and non-arbitrariness</p> Signup and view all the answers

    According to Lord Denning, what happens when the new powers of the executive are abused?

    <p>They lead to the Totalitarian State</p> Signup and view all the answers

    What is the primary concern of the doctrine of separation of powers according to the text?

    <p>Protecting individual freedoms</p> Signup and view all the answers

    What does Dicey fear would render the fundamental rights of the people futile?

    <p>Accumulation of power in the government</p> Signup and view all the answers

    What are the roots of the doctrine of separation of powers?

    <p>Concepts of natural law</p> Signup and view all the answers

    What is the main objective of Accountability in relation to public power as per the text?

    <p>Justifying exercise of public power publicly</p> Signup and view all the answers

    Why does the text mention that there is no exact definition for the Rule of Law?

    <p>'Rule of Law' is a dynamic and abstract concept</p> Signup and view all the answers

    What entities fall under the scope of Administrative Law as mentioned in the text?

    <p>All branches of government including administrative agencies</p> Signup and view all the answers

    Which aspect of administrative law is emphasized by Garner in his description?

    <p>Operationalization of administrative authorities</p> Signup and view all the answers

    What is the main concern of Professor Upendra Bakshi regarding administrative law?

    <p>Controlling the abuse of power by administrative authorities</p> Signup and view all the answers

    According to Griffith and Street, what does administrative law primarily deal with?

    <p>Operation and control of administrative authorities</p> Signup and view all the answers

    What does Wade primarily relate administrative law to?

    <p>Control of governmental power</p> Signup and view all the answers

    According to Davis, what is the primary object of administrative law?

    <p>Keeping government powers within legal bounds</p> Signup and view all the answers

    How does Garner describe administrative law?

    <p>Rules recognized by the courts as law and relating to government administration</p> Signup and view all the answers

    Which administrative function is NOT characterized as legislative or quasi-judicial according to the text?

    <p>Judicial review mechanisms</p> Signup and view all the answers

    What aspect is NOT dealt with by the definition provided by Davis?

    <p>Legislative powers of code authorities</p> Signup and view all the answers

    What is a major aspect that Griffith and Street's definition emphasizes regarding administrative law?

    <p>'Judicial and other means' for controlling agencies</p> Signup and view all the answers

    What is an unenviable diversity in definitions attribute to?

    <p>'Evolutionary desires' for singular attention to aspects of administration</p> Signup and view all the answers

    What is the main challenge in distinguishing between Constitutional law and Administrative law according to the text?

    <p>The distinction between the two is one of degree, convenience, and custom rather than logic and principle.</p> Signup and view all the answers

    According to Maitland, how does Constitutional law differ from Administrative law?

    <p>Constitutional Law is concerned with broader rules while Administrative law focuses on the details of government functions.</p> Signup and view all the answers

    What does Hood Phillips suggest about the relationship between Constitutional law and Administrative law?

    <p>Constitutional law covers government structure while Administrative law deals with functions in motion.</p> Signup and view all the answers

    According to Keith, why is it logically impossible to distinguish between Constitutional law and Administrative law?

    <p>They are complementary to each other and belong to one family.</p> Signup and view all the answers

    In what way does Hood Phillips differentiate Constitutional Law from Administrative Law?

    <p>Constitutional Law regulates government structure; Administrative Law governs administrative actions.</p> Signup and view all the answers

    What does Lord Denning suggest could result from the abuse of power within the legal system?

    <p>A totalitarian state</p> Signup and view all the answers

    How does Hood Phillips characterize Constitutional Law?

    <p>'Concerned with organization and functions of Government at rest.'</p> Signup and view all the answers

    What is Keith's view on distinguishing between Constitutional Law and Administrative Law?

    <p>'It is logically impossible due to their interrelated nature.'</p> Signup and view all the answers

    How does Hood Phillips differentiate between Constitutional Law and Administrative Law?

    <p>'Constitutional Law is concerned with the organization of Government at rest, while Administrative Law focuses on motion.'</p> Signup and view all the answers

    What does Maitland suggest about Constitutional law compared to Administrative law?

    <p>Constitutional law primarily deals with general principles.</p> Signup and view all the answers

    According to Dicey, what does the Rule of Law imply in terms of individuals in a society?

    <p>Equal subjection of all classes to ordinary law</p> Signup and view all the answers

    What historical concept was 'Rule of Law' derived from as mentioned in the text?

    <p>Roman Just Law</p> Signup and view all the answers

    What did Sir Edward Coke establish through his battle against the King in James I's reign?

    <p>Supremacy of law against the executive</p> Signup and view all the answers

    What is the primary focus of 'Rule of Law' as a doctrine of State political morality?

    <p>Balancing rights and powers between individuals and the state</p> Signup and view all the answers

    According to Davis, what has been a significant barrier to the development of the administrative process?

    <p>Doctrine of Separation of Powers</p> Signup and view all the answers

    What did Dicey emphasize regarding individuals' subjection under the rule of law in England?

    <p>Equal subjection to ordinary law</p> Signup and view all the answers

    What does Rule of Law embody as an eternal value according to the text?

    <p>'Lingua franca' of global legal thought</p> Signup and view all the answers

    'Rule of Law' is considered a basic necessity for what kind of community?

    <p>Disciplined and organized community</p> Signup and view all the answers

    Why has administrative law been characterized as the most outstanding legal development of the 20th century?

    <p>As a result of the growth of administrative powers and functions</p> Signup and view all the answers

    According to Dicey, how are rights such as personal liberty, freedom from arrest, and freedom to hold public meetings guaranteed in England?

    <p>By judicial decisions in concrete cases</p> Signup and view all the answers

    According to Davis, what has been a doctrinal barrier to administrative law development?

    <p>Doctrine of Separation of Powers</p> Signup and view all the answers

    What distinguishes the modern State from earlier states in terms of administrative responsibilities?

    <p>Ensuring social security and welfare for citizens</p> Signup and view all the answers

    What did Dicey criticize about the French legal system's treatment of civil servants?

    <p>Establishing special tribunals for their cases</p> Signup and view all the answers

    What did Dicey see as crucial for upholding individual rights under Administrative Law?

    <p>Equality before the law for all classes</p> Signup and view all the answers

    What was the role of the State primarily focused on in the era of free enterprise described in the text?

    <p>Defending the country from external aggression</p> Signup and view all the answers

    What did Dicey fear would happen if the fundamental rights of individuals were primarily based on a document like a Constitution?

    <p>They could be abrogated at any time</p> Signup and view all the answers

    How does the State function as a 'protector' according to the text?

    <p>By looking after the health and morals of the people</p> Signup and view all the answers

    What did Dicey emphasize as crucial for securing individual rights and personal freedoms?

    <p>Enforcement in courts of law</p> Signup and view all the answers

    How did Dicey view the role of courts in the British Constitutional system?

    <p>As guarantors of liberty</p> Signup and view all the answers

    Why did the laissez-faire doctrine result in human misery according to the text?

    <p>Lack of state responsibility for social and economic matters</p> Signup and view all the answers

    What does Kenneth Culp Davis define Administrative Law as?

    <p>Law concerning the powers and procedures of administrative agencies</p> Signup and view all the answers

    What transformation began with the advent of independence in countries described in the text?

    <p>Efforts to become welfare states</p> Signup and view all the answers

    What does the philosophy of a welfare state, ingrained in Indian Constitution, emphasize according to the text?

    <p>State activism and increased governmental control</p> Signup and view all the answers

    Why is it challenging to define Administrative Law accurately?

    <p>Definitions are both too broad and too narrow in scope</p> Signup and view all the answers

    How has state operation expanded according to the text?

    <p>By taking over functions previously under private enterprise</p> Signup and view all the answers

    What is a key focus of Administrative Law?

    <p>Ensuring governmental accountability</p> Signup and view all the answers

    'From cradle to grave' signifies that the modern State takes care of its citizens in what way according to the text?

    <p>Throughout their entire lives providing various services</p> Signup and view all the answers

    What differentiates Administrative Law from Constitutional Law according to the text?

    <p>The control of administrative powers</p> Signup and view all the answers

    In what way does the development of Global Administrative Law impact the future of administrative law?

    <p>It calls for a reevaluation of the reasons for the growth of administrative law</p> Signup and view all the answers

    What has resulted in administrative law becoming a major area for study and research?

    <p>The growth of state powers in modern times.</p> Signup and view all the answers

    What was the viewpoint regarding Administrative Law held by early English writers according to the text?

    <p>It was broadly defined without differentiation from Constitutional Law</p> Signup and view all the answers

    What aspect does Kenneth Culp Davis exclude from the domain of Administrative Law?

    <p>Rule application</p> Signup and view all the answers

    What is one concern highlighted by the Law Commission of India in relation to reconciling economic growth with social justice?

    <p>Developing new norms of Rule of law and judicial review</p> Signup and view all the answers

    What key aspect does Administrative Law primarily focus on according to the text?

    <p>Protecting individual rights</p> Signup and view all the answers

    What is the primary aim of administrative law according to the text?

    <p>To regulate the relationships between the organs of the state</p> Signup and view all the answers

    According to Ivor Jennings, what is the subject matter of administrative law?

    <p>Public administration</p> Signup and view all the answers

    Which constitutional articles influenced the emergence of principles in administrative law?

    <p>Articles 14 and 21</p> Signup and view all the answers

    What does administrative law primarily deal with besides state organs?

    <p>Civil service and public departments</p> Signup and view all the answers

    According to Holland and Maitland, how is administrative law related to Constitutional law?

    <p>It is an integral part of Constitutional law</p> Signup and view all the answers

    What is considered the most significant development of the twentieth century in administrative law?

    <p>The rapid growth of administrative law</p> Signup and view all the answers

    What does the text imply about the role of the State in the 20th century?

    <p>It expanded to include social welfare and economic regulation.</p> Signup and view all the answers

    Which statement accurately describes the growth of administrative law according to the text?

    <p>It has become more articulate and definite in the 20th century.</p> Signup and view all the answers

    What is the primary focus of administrative law as described in the text?

    <p>Regulating social welfare and industrial relations.</p> Signup and view all the answers

    How has the philosophy of the State changed from previous centuries to the 20th century according to the text?

    <p>It shifted towards ensuring social security and welfare.</p> Signup and view all the answers

    Why is administrative law considered a major area for study and research based on the text?

    <p>As a result of the rapid growth of administrative powers and functions.</p> Signup and view all the answers

    What prompted the transformation of the State into a welfare state?

    <p>The emergence of social welfare philosophy.</p> Signup and view all the answers

    In what manner has administrative law evolved in modern times based on the text?

    <p>Through an increase in state operation and taking over private functions.</p> Signup and view all the answers

    What characterizes the growth of administrative law according to the text?

    <p>'More articulate and definite' development in modern times.</p> Signup and view all the answers

    Why has administrative law become a separate branch of legal discipline in India?

    <p>'As a result of expanding state functions.'</p> Signup and view all the answers

    What did the Law Commission of India emphasize as particularly significant in a welfare state?

    <p>Enforcement of the Rule of law and Judicial review</p> Signup and view all the answers

    According to Kenneth Culp Davis, what does Administrative Law primarily concern?

    <p>Governmental accountability</p> Signup and view all the answers

    What major development is the emergence of Global Administrative Law a response to?

    <p>Globalization and liberalization policies</p> Signup and view all the answers

    How did early English writers differ in their treatment of Administrative law compared to Constitutional law?

    <p>They considered them synonymous</p> Signup and view all the answers

    What did Professor Upendra Bakshi believe was the main emphasis of Administrative Law?

    <p>Ensuring individual rights</p> Signup and view all the answers

    What is Davis's view on the domain of Administrative Law?

    <p>Pertaining to governmental powers and procedures</p> Signup and view all the answers

    In what way do new norms of Rule of law and judicial review aim to reconcile economic growth with social justice?

    <p>By protecting fundamental rights</p> Signup and view all the answers

    'Functional Formulations' in administrative law primarily serve as what for future actions?

    <p>'Functional Formulations' form rules for future actions</p> Signup and view all the answers

    'The main object of this law is to protect individual rights.' Which aspect is emphasized by this definition of Administrative Law?

    <p>Protecting individual liberties</p> Signup and view all the answers

    What did early English writers fail to differentiate between in their treatment of legal disciplines?

    <p>Administrative Law and Constitutional Law</p> Signup and view all the answers

    According to Griffith and Street, how many aspects does administrative law deal with?

    <p>Four aspects</p> Signup and view all the answers

    What is Professor Upendra Bakshi's emphasis in his definition of administrative law?

    <p>Protection of individual rights</p> Signup and view all the answers

    What is Wade's primary relation of administrative law?

    <p>Control of governmental power</p> Signup and view all the answers

    What did Professor Upendra Bakshi define administrative law as?

    <p>A protection for citizens' rights</p> Signup and view all the answers

    According to Davis, what is an administrative agency according to his definition?

    <p>A governmental authority affecting private parties</p> Signup and view all the answers

    What is Wade's definition of administrative law related to?

    <p>Control of governmental power</p> Signup and view all the answers

    What aspect does Wade's definition primarily focus on?

    <p>Governmental power control</p> Signup and view all the answers

    What is the main object of administrative law according to Wade?

    <p>To keep government powers within legal bounds</p> Signup and view all the answers

    What does the definition provided by Griffith and Street emphasize regarding administrative law?

    <p>Operation and regulation of administrative authorities</p> Signup and view all the answers

    What is the key concern raised in discussing the difficulty with Davis' definition according to the text?

    <p>Inclusion of non-adjudicative functions</p> Signup and view all the answers

    What is the main source of administrative law in India in the absence of legislations?

    <p>Rules and regulations</p> Signup and view all the answers

    Which legislation provides for the establishment of national tribunals, industrial tribunals, and labour courts in India?

    <p>The Industrial Disputes Act, 1947</p> Signup and view all the answers

    What does Maitland suggest is the primary difference between Constitutional law and Administrative law?

    <p>Constitutional law deals with structure while Administrative law deals with functions</p> Signup and view all the answers

    What does Hood Phillips compare Constitutional law to when discussing its relationship with Administrative law?

    <p>Organization of Government at rest</p> Signup and view all the answers

    According to Keith, what is his opinion on the distinction between Constitutional law and Administrative law?

    <p>&quot;Logically impossible&quot;</p> Signup and view all the answers

    What does Administrative Law primarily deal with according to the text?

    <p>Powers of administrative authorities</p> Signup and view all the answers

    How does Constitutional law differ from Administrative law with regard to civil servants?

    <p>Constitutional law focuses on their status, Administrative law on organization</p> Signup and view all the answers

    What is the main concern of Administrative Law in terms of administrative authorities' powers?

    <p>How the powers are exercised</p> Signup and view all the answers

    'What constitutes a necessary evil in all progressive societies?' refers to:

    <p>&quot;The administrative process&quot;</p> Signup and view all the answers

    'Reconciling social welfare with individual rights' is a challenge faced by:

    <p>&quot;Welfare states&quot;</p> Signup and view all the answers

    What does administrative law primarily concern according to Ivor Jennings?

    <p>Civil service matters</p> Signup and view all the answers

    Why is administrative law considered a branch of public law?

    <p>As it deals with principles of public administration</p> Signup and view all the answers

    What is the main focus of administrative law according to Holland and Maitland?

    <p>Rule of law society development</p> Signup and view all the answers

    What does Wade emphasize in his definition of administrative law?

    <p>Balancing powers among the state organs</p> Signup and view all the answers

    What is considered the main concern for the development of a rule of law society according to the text?

    <p>Ensuring fairness, reasonableness, and justice</p> Signup and view all the answers

    What is the primary object of administrative law according to Kenneth Culp Davis?

    <p>Protecting individual rights</p> Signup and view all the answers

    What did Lord Denning suggest would happen if the new powers of the executive are abused?

    <p>The rise of the Totalitarian State</p> Signup and view all the answers

    What is the primary purpose of administrative law?

    <p>To govern the structure and functions of administrative organs</p> Signup and view all the answers

    What foundational concept does the rule of law emphasize?

    <p>Protection of individual rights</p> Signup and view all the answers

    In the context of administrative law, what does the rule of law imply?

    <p>The law governs public power</p> Signup and view all the answers

    Why is the doctrine of separation of powers considered essential according to the text?

    <p>To protect individual rights effectively</p> Signup and view all the answers

    How does the rule of law differ from a mere existence of laws?

    <p>It emphasizes equality and accountability</p> Signup and view all the answers

    What key aspect does administrative law primarily aim to control?

    <p>Executive overreach</p> Signup and view all the answers

    What foundational idea does the rule of law represent?

    <p>Principles of freedom and equality</p> Signup and view all the answers

    What does the concept of accountability necessitate according to the text?

    <p>Public justification by holders of public power</p> Signup and view all the answers

    How does the rule of law differ from 'Rule according to law'?

    <p>Rule according to law lacks principles like freedom and equality</p> Signup and view all the answers

    According to Dicey, what is the fundamental implication of the rule of law regarding government officials and individuals?

    <p>All persons must be subjected to ordinary courts of law regardless of status</p> Signup and view all the answers

    What historical ideal does the concept of the rule of law evoke, as mentioned in the text?

    <p>Ruled by law, not powerful individuals</p> Signup and view all the answers

    Sir Edward Coke successfully established the supremacy of law against the executive by arguing that the King should be under:

    <p>God and the Law</p> Signup and view all the answers

    What does Dicey's concept of Rule of Law imply regarding separate tribunals or special courts for government officials?

    <p>All persons should be subject to one and the same law</p> Signup and view all the answers

    What does Dicey view as a crucial aspect of the rule of law in England?

    <p>Equal subjection to ordinary law for all classes</p> Signup and view all the answers

    What distinguishes 'Rule of Law' from arbitrary powers?

    <p>'Rule of Law' is based on principles of law, not of men</p> Signup and view all the answers

    What is the main goal behind infusing law with moral qualities as per the text?

    <p>To maintain a correct balance between rights and powers</p> Signup and view all the answers

    'Rule of proper law balances the needs of society with individuals.' This statement highlights the importance of:

    <p>'Rule of Law'</p> Signup and view all the answers

    What is the primary aim of Administrative Law according to Kenneth Culp Davis?

    <p>Ensuring governmental accountability</p> Signup and view all the answers

    'Rule of Law' is often associated with what aspect of governance?

    <p>'Rule by law, not powerful individuals'</p> Signup and view all the answers

    What distinguishes Administrative Law from Constitutional Law according to the text?

    <p>Control of government powers</p> Signup and view all the answers

    Which function does NOT characterize administrative agencies according to the text?

    <p>Enforcement</p> Signup and view all the answers

    'Rule of Law' can be traced back to historical concepts like 'Law of God'. This indicates a focus on:

    <p>'Law under God'</p> Signup and view all the answers

    What does the concept of 'Global Administrative Law' primarily focus on?

    <p>Influencing domestic administrative practices</p> Signup and view all the answers

    What is a common challenge in defining Administrative Law according to the text?

    <p>Demarcating its scope and nature</p> Signup and view all the answers

    Which aspect do some jurists emphasize as the main objective of Administrative Law?

    <p>Controlling government powers</p> Signup and view all the answers

    What is a defining feature of modern administrative law compared to traditional legal concepts?

    <p>Incorporating functional formulations</p> Signup and view all the answers

    'Global Administrative Law' primarily refers to the guidelines imposed by which international organization?

    <p>WTO</p> Signup and view all the answers

    What did Early English writers fail to distinguish between in their attempts to define Administrative Law?

    <p>Administrative Law and Public Administration</p> Signup and view all the answers

    What does Kenneth Culp Davis include in his study of Administrative Law?

    <p>Rule adjudication and rulemaking by agencies</p> Signup and view all the answers

    What did Dicey emphasize as the source of fundamental freedoms of the people in the British Constitutional system?

    <p>Common law</p> Signup and view all the answers

    What is a distinguishing feature of administrative law in India by the middle of the 20th century?

    <p>Regulated industrial relations</p> Signup and view all the answers

    According to Dicey, what was the consequence of the French legal system's distinct administrative tribunals for civil servants?

    <p>Negation of equality</p> Signup and view all the answers

    Which aspect characterizes the evolution of administrative law in the 20th century according to the text?

    <p>Distinct recognition as a branch of public law</p> Signup and view all the answers

    What was the primary change in the philosophy of the State from earlier times to the modern State?

    <p>Transition to a welfare state</p> Signup and view all the answers

    What did Dicey fear would happen if individual rights were merely declared in a statute or Constitution without enforceability?

    <p>Rights will be meaningless and unenforceable</p> Signup and view all the answers

    What is the consequence of the laissez faire doctrine prevalent in earlier times?

    <p>Resulted in human misery</p> Signup and view all the answers

    What did Dicey believe would jeopardize individual rights according to his views on the role of judiciary?

    <p>Encroachment on court jurisdiction</p> Signup and view all the answers

    In Dicey's view, what was the role of courts of law in guaranteeing liberty and enforcing individual rights?

    <p>Enforcing fundamental freedoms</p> Signup and view all the answers

    Which function was NOT traditionally associated with the State in earlier times?

    <p>Industrial regulation</p> Signup and view all the answers

    Why did Dicey criticize the French legal system's droit-administratif according to his views on judicial functions?

    <p>For negating the principle of rule of law</p> Signup and view all the answers

    What aspect of the modern State reflects its approach towards governance and social welfare?

    <p>'Cradle to grave' care for citizens</p> Signup and view all the answers

    What did Dicey regard as a consequence of transferring authority away from courts and limiting subjects' access to them?

    <p>Jeopardizing individual rights</p> Signup and view all the answers

    How has administrative law evolved in terms of its scope and impact on individuals' lives?

    <p>'Widened' scope and impinges deeply on individuals' lives</p> Signup and view all the answers

    Why was Dicey concerned about fundamental rights being based on any document, as mentioned in the text?

    <p>To protect against arbitrary abrogation</p> Signup and view all the answers

    What term can be used to describe the 20th century's administrative law development according to the text?

    <p>'Phenomenal increase'</p> Signup and view all the answers

    How did Dicey differentiate the source of rights in England compared to many other countries with written Constitutions?

    <p>Defined through common law rather than written Constitution</p> Signup and view all the answers

    What category does NOT align with the functions of a modern State as outlined in the text?

    <p>'Minimizing government responsibility'</p> Signup and view all the answers

    What does Wade consider as a major drawback of defining administrative law?

    <p>Neglect of the substantive law produced by administrative agencies</p> Signup and view all the answers

    How does the emergence of social welfare concepts impact democracy according to the text?

    <p>'Increase state activism'</p> Signup and view all the answers

    According to Davis, what aspect is a difficulty in accepting the definition of an administrative agency?

    <p>Non-adjudicative functions</p> Signup and view all the answers

    What was Dicey's primary concern regarding mere declarations of rights in documents like statutes or Constitutions?

    <p>Potential abrogation or curtailment through amendments</p> Signup and view all the answers

    What does Griffith and Street emphasize about the operation of administrative law?

    <p>Operation and control of administrative authorities</p> Signup and view all the answers

    Why do Administrative Law specialists struggle to provide a universally accepted definition according to the text?

    <p>Overemphasis on one particular aspect</p> Signup and view all the answers

    What is the primary concern addressed by Professor Upendra Bakshi in defining Administrative Law?

    <p>Protection of individual rights</p> Signup and view all the answers

    How does Garner describe the focus of Administrative Law according to his approach?

    <p>Recognizing rules related to government administration</p> Signup and view all the answers

    What is the primary objective of Administrative Law according to Wade's definition?

    <p>Keeping government powers within legal bounds</p> Signup and view all the answers

    According to Davis, what is excluded from his definition of an administrative agency?

    <p>'Judicial body' authority</p> Signup and view all the answers

    'The main object of this law is to protect individual rights.' What aspect is emphasized by this definition of Administrative Law?

    <p>'Control of authorities through judicial means'</p> Signup and view all the answers

    What does Davis believe is a major drawback in defining an administrative agency according to his perspective?

    <p>Emphasis on non-adjudicative functions</p> Signup and view all the answers

    What is the main source of administrative law in India, in the absence of specific legislation?

    <p>Rules, regulations, orders, notifications</p> Signup and view all the answers

    Which concept aims at protecting the life, liberty, and dignity of the individual by diminishing arbitrary power?

    <p>Rule of Law</p> Signup and view all the answers

    According to Maitland, how does Constitutional law differ from Administrative law?

    <p>Both areas have the same sources</p> Signup and view all the answers

    What is the fundamental idea behind the concept of accountability in governance?

    <p>To justify the exercise of public power legally</p> Signup and view all the answers

    What does Dicey's concept of 'Rule of Law' primarily emphasize?

    <p>Equality before the law</p> Signup and view all the answers

    What is the distinction between Constitutional law and Administrative law according to Keith?

    <p>There is no fundamental distinction between the two</p> Signup and view all the answers

    How does Lord Denning suggest the executive's new powers can lead to a Totalitarian State?

    <p>By abusing their powers</p> Signup and view all the answers

    In what way does Hood Phillips describe the relationship between Constitutional law and Administrative law?

    <p>Constitutional law regulates government in motion</p> Signup and view all the answers

    What is the primary focus of Administrative law concerning governmental functions?

    <p>Details of government functions</p> Signup and view all the answers

    What is the main distinction between the 'Rule of Law' and 'Rule according to law' according to the text?

    <p>The concept of arbitrary versus just exercise of power</p> Signup and view all the answers

    How does the concept of the 'rule of law' differ from 'Rule of man'?

    <p>It emphasizes freedom and equality over arbitrary decisions</p> Signup and view all the answers

    How does Davis describe an administrative agency?

    <p>An entity with administrative powers and responsibilities</p> Signup and view all the answers

    What is the underlying idea behind the Rule of Law concept according to the text?

    <p>'Law rules', ensuring accountability and non-arbitrariness</p> Signup and view all the answers

    What is the nature of Administrative Law according to its scope?

    <p>It concerns administrative authorities' powers and their exercise</p> Signup and view all the answers

    How does Wade relate Administrative Law to Constitutional Law?

    <p>'Administrative Law is a subset of Constitutional Law'</p> Signup and view all the answers

    What is the primary focus when considering the doctrine of separation of powers as per the text?

    <p>Protecting individual rights through balanced powers</p> Signup and view all the answers

    'The actual problem is to reconcile social welfare with the rights of individual subjects.' What does this statement imply about the challenge discussed in the text?

    <p>'Individual rights sometimes conflict with social welfare objectives'</p> Signup and view all the answers

    'Rule according to law' differs from 'Rule according to man' in that it emphasizes:

    <p>'Law rules' based on principles of freedom and equality</p> Signup and view all the answers

    What is the critical aim behind the principle of accountability in governance?

    <p>To justify public power:</p> Signup and view all the answers

    'Administrative Law deals with powers of administrative authorities, their exercise, and available remedies for abuses.' What aspect is highlighted by this definition?

    <p>'The protection of individuals against misuse of administrative powers'</p> Signup and view all the answers

    What did Dicey believe was the consequence if fundamental rights were based on any document or statute?

    <p>They could be abrogated at any time</p> Signup and view all the answers

    According to Dicey, the rule of law implies:

    <p>Equal subjection of all classes to the ordinary law of the land</p> Signup and view all the answers

    How did Dicey view the French legal system's provision of special tribunals for officials?

    <p>He saw it as a negation of equality before the law</p> Signup and view all the answers

    What concept is considered the basis for administrative law according to Jain and Jain?

    <p>Doctrine of Separation of Powers</p> Signup and view all the answers

    Which term does Dicey use to describe the principle of equality before the law?

    <p>Equal Subjection</p> Signup and view all the answers

    Why did Dicey argue against the exemption of civil servants from ordinary courts?

    <p>To ensure equal treatment under the law</p> Signup and view all the answers

    Which aspect of Dicey's principles emphasizes the importance of courts in enforcing individual rights?

    <p>Predominance of legal spirit</p> Signup and view all the answers

    The concept of 'Rule of Law' is understood as a doctrine of:

    <p>State political morality</p> Signup and view all the answers

    What is the primary doctrinal barrier mentioned by Davis that hindered the development of administrative law?

    <p>'Separation of Powers' theory</p> Signup and view all the answers

    What did Dicey fear would jeopardize individual rights according to his principles?

    <p>Amendment of the Constitution</p> Signup and view all the answers

    How did Dicey distinguish the British legal system regarding individual rights from other countries with written Constitutions?

    <p>By highlighting judicial decisions as the basis for rights</p> Signup and view all the answers

    What was Sir Edward Coke's role in establishing the doctrine of Rule of Law?

    <p>He originated the concept asserting King's subjection to God and Law</p> Signup and view all the answers

    What does the principle enunciated by Dicey regarding the rule of law imply?

    <p>'Equal Subjection' of all classes to ordinary law</p> Signup and view all the answers

    According to Dicey, what was the role of courts in securing liberties and freedoms?

    <p>To guarantee liberty more adequately than mere declarations</p> Signup and view all the answers

    Why did Dicey criticize the French legal system's droit-administratif approach?

    <p>For its emphasis on judicial functions by administrative authorities</p> Signup and view all the answers

    'Rule of law' is derived from which French phrase?

    <p>'Principe de Legalite'</p> Signup and view all the answers

    Which part of Dicey's principles focuses on the consequences of individual rights defined and enforced by courts?

    <p>Source of fundamental freedoms</p> Signup and view all the answers

    'Rule of Law' embodies which doctrine according to the text?

    <p>'Supremacy of Law'</p> Signup and view all the answers

    'Rule of proper law balances the needs of society and the individual.' What attributes contribute to this balance?

    <p>'Freedom, Justice, Equality, and Accountability'</p> Signup and view all the answers

    What did Dicey fear would happen if administrative authorities were exempt from ordinary courts?

    <p>Negation of equality before the law</p> Signup and view all the answers

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