Law Administrative Principles

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

Establish a rule of law society based on fairness and justice

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

Articles 14 and 21

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

No, it is not considered separate

What does administrative law primarily deal with?

Law relating to administration and the foundation of the administration

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

Governmental organizations and public bodies

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

Public administration

What is the main object of Administrative Law?

Safeguarding individual rights

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

Global Administrative Law

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

Powers and procedures of administrative agencies

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

Welfare state initiatives

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

Fostering participation

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

It is vital to prevent executive overreach

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

Introduced new international dimensions

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

'World Trade Organization (WTO)

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

Functional formulations

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

Rule application

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

The increase in governmental functions and powers

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

Controlling the media

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

Because administration impacts every aspect of an individual's life

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

Law and order state

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

Increased state activism

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

State as protector

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

The advent of independence

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

Because it has come to be identified as a separate branch of public law

What are some functions attributed to modern states?

Ensuring social security and welfare for citizens.

What does Davis consider an administrative agency to be?

A governmental authority that affects the rights of private parties through either adjudication or rulemaking

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

To keep the powers of the government within their legal bounds and protect citizens against abuse

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

Customary practices followed in administration

What does Garner describe as Administrative law?

Rules recognized by courts as law related to and regulating government administration

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

Protection of individuals from arbitrary exercise of public power

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

Controlling and operating administrative authorities

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

The proper procedure followed by administrative agencies

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

Operation and control of administrative authorities

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

It excludes non-adjudicative but administrative functions.

How does Wade describe administrative law?

As law relating to controlling governmental power.

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

Rulemaking, Quasi-judicial action, Ministerial action, Statute itself

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

Rule of law

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

Freedom, Non-arbitrariness, Accountability

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

Values

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

Justification of public power

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

Lead to Welfare State when properly exercised and Totalitarian State when abused

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

'Administrative Procedure Act, 1946'

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

'This ideal'

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

'Natural law'

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

'Justification of public power'

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

Rules, regulations, orders, notifications, bye-laws, schemes, governmental resolutions

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

Industrial Disputes Act, 1947

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

As one of degree, convenience, and custom rather than of logic and principle

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

Structure and broader rules that regulate functions

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

"It is logically impossible to distinguish administrative law from Constitutional law..."

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

Powers of the administrative authorities, their exercise, and available remedies for abuse

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

General principles relating to the organization and power of the legislature, executive, and judiciary

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

The execution of government programs may impact individual rights adversely.

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

Different legislations provide varied procedures and powers for functioning of tribunals.

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

Organization and functions of Government at rest.

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

The role of judiciary in enforcing individual rights in England

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

Through judicial decisions in concrete cases enforced by courts of law

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

For providing civil servants with special protections

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

Restrictions on access to ordinary courts of law

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

As a violation of the rule of law

What did Dicey fear would render a written Constitution meaningless?

Amendments to the Constitution

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

Doctrine of Natural Law

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

Dicey

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

Equal subjection of all classes to law

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

La Principe de Legalite

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

Rule of Law

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?

Coke

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

The doctrine of Separation of Powers.

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

The Law and the Constitution.

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

The Rule of Law.

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

Articles 14 and 21

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

Defining the organization, functions, powers, and duties of administrative authorities

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

The rapid growth of public administration

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

Rule of law

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

The text does not provide a reason

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

The text does not mention this term

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

It has become more articulate and definite as a system.

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

State is involved in social welfare, industrial regulation, and more.

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

Maintaining law and order and defending the country.

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

Administrative law deals with governmental functions.

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

Growth of administrative powers and functions.

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

Protector, provider, entrepreneur, economic controller, arbitrator.

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

'State activism' increased in democracies.

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

Owing to its broad scope and impact on an individual's life.

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

Providing every aspect of human life from health to education.

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

Protecting individual rights

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

Judicial review of administrative actions

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

Because definitions include more than necessary or are too narrow

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

Administrative Law

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

Rule Application

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

Administrative and quasi-administrative agencies

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

Fostering participation in decision-making processes

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

World Trade Organization (WTO)

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

'WTO' guidelines on global operations

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

Rules, regulations, orders, notifications, etc.

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

Constitutional law regulates the structure while Administrative law regulates the functions.

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

It is a matter of degree, convenience, and custom.

How does Wade differentiate between Constitutional law and Administrative law?

Constitutional law focuses on functions at rest while Administrative law focuses on functions in motion.

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

Regulating governmental administrative bodies

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

Industrial Disputes Act, 1947

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

Functions and powers of administrative authorities

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

'Constitutional law' and 'Administrative law' are interrelated but distinct fields.

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

'Global Administrative Law' affects domestic administrative practices.

'Rule of Law' primarily emphasizes what concept?

'Rule of Law' emphasizes adherence to legal principles over arbitrary decisions.

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

Avoiding abuse of power

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

Rulemaking, quasi-judicial action, ministerial action, and administrative action

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

Controlling governmental powers

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

Based on accountability vs. arbitrary power

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

Public justification for power exercise

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

Legal structure based on moral principles

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

'Rule according to law' principle

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

'Separation of powers'

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

'Progressive diminution' of arbitrary power for individual rights protection

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

'Legalistic interpretation vs. moral principles'

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

Doctrine of Rule of Law

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

No person should have special privileges

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

Jus Naturale in Roman times

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

Powers and Responsibilities

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

'Doctrine of Separation of Powers'

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

"All classes must be subject to the same law"

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

'Supremacy of law against executive'

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

'State political morality'

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

'Equality before law'

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

'Global moral thought'

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

To prevent the abuse of powers by administrative authorities

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

Overemphasis on judicial control

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

Controlling the abuse of powers by administrative authorities

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

Composition, limits, procedure, and control of administrative authorities

What does Garner describe Administrative law as?

Rules recognized by courts related to government administration

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

'The definition should focus on the operation and control of administrative authorities.'

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

'Emphasizing control by judiciary without considering other controls.'

According to Casey Davis, what is an administrative agency?

A governmental authority that affects private parties' rights through rulemaking or adjudication

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

The comprehensive inclusion of substantive laws produced by agencies

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

Protecting individuals from arbitrary exercise of public power

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

By being enforceable through judicial decisions in concrete cases.

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

The negation of equality by providing civil servants with special tribunals.

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

Written declaration in any statute.

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

They were not considered official 'courts'.

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

As a negation of equality.

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

Through judicial decisions in specific cases.

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

It provided them with special privileges.

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

'Source' but not 'consequence' of individual rights.

'Written Constitution' was found problematic by Dicey because:

'Fundamental Rights' could be abrogated through amendment.

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

Courts played a crucial role as guarantors of liberty.

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

Promoting fairness, reasonableness, and justice

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

To define and determine organization, functions, powers, and duties of administrative authorities

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

Strong authoritarian control over all aspects

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

Excludes certain aspects from the domain

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

Administrative law is a subset of Constitutional law

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

'Equal subjection' refers to everyone being bound by the same legal rules

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

Constitutional law focuses on general principles, while Administrative law deals with the details of functions.

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

Government at rest

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

The distinction is artificial.

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

Degree, convenience, and custom

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

General principles of the organization of Government

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

Functions of Government

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

Public law

How does Keith differentiate between Constitutional law and Administrative law?

Constitutional law regulates functions at rest, while Administrative law regulates those in motion.

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

Powers and organization of Government at rest.

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

Structure and broader rules.

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

The new powers of the executive

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

Diminishing arbitrary power

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

Emphasizing the supremacy of law over individuals

What does accountability in the context of public power imply?

Public justification of power

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

Legal order that is just and reasonable

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

'Rule according to law' may not ensure justice

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

Natural law

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

Protecting individual rights

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

Rule adjudication

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

Administrative law concerns administrative agency powers and procedures.

What does 'Global Administrative Law' primarily focus on?

Dictating guidelines on administrative subsidiaries worldwide

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

Protecting individual rights

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

Narrow definitions that exclude essential ingredients

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

Global Administrative Law

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

Executive actions

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

Developing new norms for Rule of law and judicial review

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

Total disregard for fundamental rights

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

It emerged as a separate branch of legal discipline only in the 20th century.

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

The State now seeks to ensure social security, regulate industrial relations, and provide social welfare.

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

Exercising sovereign functions and maintaining law and order.

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

Led to human misery due to minimal governmental responsibility.

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

It led to the State assuming more functions related to social welfare and economic control.

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

Expansion of administrative powers and functions.

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

Widely studied and researched due to its significance in public administration.

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

'Free enterprise' era with minimum government interference.

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

'Welfare state' philosophy started being ingrained in governance.

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

'Rule of law' must remain constant across different forms of accountability.

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

Enforcing individual rights

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

Declaration in a document

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

Providing special tribunals for government officials

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

Jeopardizing personal liberties

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

Transference of judicial authority

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

Restrictions on court jurisdiction

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

For providing special administrative tribunals that favored officials

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

Enforceability in courts of law

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

Ignoring or curtailing rights

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

Doctrine of Separation of Powers

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

Supremacy of the Law

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

Rule of Law

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

Equal subjection to ordinary law for all classes

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

Imbalance between rights and powers

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

Equality before the law

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

The rights and powers between individuals and the state

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

'Proper law' prioritizes societal needs over individual rights

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

'Just Law' - Jus Naturale

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

Theory of Separation of Powers

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

To ensure that government powers are exercised within legal bounds

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

All of the above

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

Both A and C

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

Both A and B

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

All of the above

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

He opposed it as it would undermine the rule of law

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

Administrative law specialists emphasize different aspects of the administrative process

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

Both A and B

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

Ensuring transparency in administrative decision-making

What is the primary source of administrative law in India?

The written Constitution

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

Defining the organization and powers of administrative authorities

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

Articles 14 and 21

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

Public administration

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

It is a subset of Constitutional law

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

Its lack of separation of powers

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

Rapid growth of administrative law

What characterizes administrative law according to the text?

It is as ancient as organized administration itself.

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

As a result of the wide scope and ambit of administrative law in modern times.

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

A conscious effort to transform countries into welfare states.

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

It has resulted in state intervention and increased functions.

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

Protector, provider, entrepreneur, and economic controller.

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

Rapid expansion of governmental responsibilities.

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

'Administrative law is more concerned with day-to-day governance.'

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

'Global Administrative Law concerns cross-border cooperation.'

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

'Rule of Law implies adherence to established laws.'

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

Separation of powers within the government.

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

Organization and powers of administrative authorities

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

Regulation of governmental power

What does Davis define an administrative agency to be?

Governmental authority affecting private parties through adjudication or rulemaking

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

Written Constitution

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

Protection against arbitrary exercise of public power

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

Diverse interpretations by different specialists

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

Keeping government powers within legal bounds

What did Garner adopt in his description of administrative law?

'Rules recognized by courts as law regulating government administration'

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

Emphasis by specialists on different aspects of the administrative process.

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

Sir Edward Coke

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

Equal subjection to the ordinary law for all classes

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

Arbitrary powers

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

Balancing individual and state powers

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

Courts should guarantee liberty through equal application of law

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

'Rule according to law'

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

'Rule as civilization'

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

To attain uniformity in maintaining procedures

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

Constitutional law deals with functions at rest while Administrative law deals with functions in motion

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

Constitutional law focuses on organization while Administrative law focuses on motion

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

Logically impossible to distinguish both

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

Public Law

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

Legislature and Executive

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

Judicial review of administrative action

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

'Rule according to law' implies arbitrary power

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

Protecting individual rights

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

'Rule according to Law'

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

'Rule of Law' necessitates balancing societal welfare with individual rights

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

Fostering participation by interested parties

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

Powers of Government at rest

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

Inclusion of more than necessary components

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

Facilitator, enabler, and regulator

What does the WTO influence according to the text?

Dictating guidelines on various entities

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

Growing centers of economic power disregarding fundamental rights

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

Protection of individual rights

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

Administrative and quasi-administrative agencies

What does Davis exclude from the domain of Administrative Law?

Rule application

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

Judicial decisions in concrete cases

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

Exemption of civil servants from ordinary courts

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

Mere declaration in a statute

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

Encroachment on court jurisdiction

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

Courts of law as guarantors of liberty

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

Risk of Amendment by Parliament

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

'Judicial' functions exercised by administrative authorities

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

'Rights could be ignored or curtailed'

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

'Rights defined and enforced by the courts'

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

'Administrative authorities exercising judicial functions'

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

Principles of freedom, equality, and non-discrimination

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

Protection of individual life, liberty, and dignity

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

It animates natural law principles

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

To justify the exercise of public power publicly as just and reasonable

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

Freedom, equality, predictability

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

By controlling powers and ensuring accountability

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

To add something more to the quality of life of people

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

Some form of legality but not based on principles like freedom and equality

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

The appeal to a higher law beyond human creation

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

Developing a society based on fairness, reasonableness, and justice

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

Articles 14 and 21

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

Public administration

What characterizes administrative law based on the text?

Organization, functions, powers, and duties of administrative authorities

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

Rapid increase in administrative functions

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

Includes them in matters relating to quasi-judicial functions

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

Controlling governmental power

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

Non-adjudicative administrative functions

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

Operation and control of administrative authorities

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

Controlling abuse of power

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

Rules recognized by courts as law

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

Evolutionary desires for singular attention

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

Affects private parties through adjudication or rulemaking

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

'Rule of Law' principle

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

'Rule of Law'

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

'Delegated legislation'

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

Rulemaking, quasi-judicial action, ministerial action, natural justice principles

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

Rule without law

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

Freedom, equality, non-discrimination, fraternity

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

To justify exercise of public power

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

An idea representing values

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

Doctrine of separation of powers

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

'The basic idea'

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

'It represents values'

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

'Separation of powers'

'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?

'The rule of law'

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

Definitions tend to be either too broad or too narrow

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

Judicial review of administrative action

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

It addresses domestic administrative practices influenced by international organizations

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

Their scope

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

Withdrawal from business activities

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

Ensuring governmental accountability and participation in decision-making

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

Highlighting the importance of ensuring executive compliance with legal boundaries

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

Growth of new centers of economic power disregarding fundamental rights

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

Global Administrative Law

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

Governing judicial review of administrative actions

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

It transformed into a progressive democratic State emphasizing social welfare and security.

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

Due to its historical significance in legal development.

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

Protector, provider, entrepreneur, economic controller, and arbitrator.

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

Maintaining law and order and defending the country from external aggression.

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

The delegation of powers to administrative authorities for effective governance.

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

'Global Administrative Law'

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

Human misery due to minimal governmental responsibility.

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

'Social justice' demands met through state activism.

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

A government based on principles of law, not men.

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

Exercising sovereign functions over external affairs.

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

Constitutional law is concerned with the organization and functions of the government at rest, while Administrative law focuses on those in motion.

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

Judicial precedents

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

To regulate the powers of administrative authorities and provide remedies for abuse of those powers.

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

It is an artificial distinction that should not be made.

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

The Industrial Disputes Act, 1947

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

The powers and functions of administrative authorities.

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

Regulating the exercise of power by administrative authorities.

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

Comprehensive legislation is needed to attain uniformity in procedures and powers of tribunals.

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

The text does not mention Griffith and Street's definition of the primary object of Administrative law.

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

They are part of the same family of public law, though there is a distinction between them.

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

Equal subjection of all classes to ordinary law

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

Natural Law

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

'Principe de Legalite'

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

Separation of powers

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

'State political morality'

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

'Rule of law'

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

'Society and Individual needs'

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

'Doctrine of Separation of Powers'

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

'Rights and Powers'

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

'Law'

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

Common Law enforced by courts

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

For providing civil servants with special protections

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

1975

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

Amendable Constitution

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

Guaranteeing rights through judicial decisions

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

They provided special protections to civil servants

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

'Fundamental Rights' lost legal protection

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

'Fundamental Rights' enforcement by courts

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

Promoting fairness, reasonableness, and justice

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

Articles 14 and 21

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

The rapid growth of administrative law

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

Public administration

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

Constitutional law

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

Administrative law is a subset of Constitutional law

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

Rules, regulations, orders, notifications, etc.

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

To provide uniformity in maintaining procedures and powers

What distinguishes Constitutional law from Administrative law according to Maitland?

Structure and broader rules vs. details of functions

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

Organization at rest vs. organization in motion

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

Artificial

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

The state's transition from a police state to a welfare state

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

The state as a legislator

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

The failure of the laissez-faire doctrine and resulting human misery

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

Exercising control over private enterprises and their operations

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

The multiplication of governmental functions and state interventions

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

It focuses solely on maintaining law and order within the country

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

The expansion of the state's role in various aspects of an individual's life

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

From a police state to a welfare state

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

Promoting industrialization and economic growth

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

To ensure efficient implementation of government policies and programs

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

The King should be under God and the Law

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

All persons must be subjected to ordinary courts

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

Rule of Law

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

Rule of Anarchy

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

Rights could be altered by the executive branch

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

Growth of welfare state functions

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

To keep the powers of the government within legal bounds and protect citizens

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

Administrative law governs the powers and procedures of administrative agencies, while Constitutional law concerns the control of the government's powers.

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

Administrative law deals with the composition, powers, limits, and control of administrative authorities.

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

Each specialist emphasizes a particular aspect of the administrative process

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

It dictates guidelines on various sectors across different countries.

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

It excludes the substantive law produced by administrative agencies.

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

Judicial review of administrative actions.

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

It interferes with local banking regulations based on international guidelines.

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

Both (a) and (b)

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

To regulate the exercise of public power and protect individual rights

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

Their definitions were broad and included more than necessary.

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

Constitutional law deals with the organization of the state, while Administrative law deals with the exercise of public power.

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

Ensuring effective administration by governmental bodies.

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

The protection of individual rights from arbitrary exercise of public power

Why is defining Administrative Law challenging according to the text?

Because definitions either include too much or too little.

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

World Trade Organization (WTO)

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

All of the above

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

Administrative law deals with the rules recognized by courts as law and regulating the administration of government.

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

'Accountability'

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

Increased intervention in economic sectors

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

Judicial review

What does the term 'rule of law' contradict?

Rule of man and Rule according to law

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

Totalitarianism

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

The ruler's rule with the consent of the people and must be accountable to them

What does the concept of the rule of law represent?

Values and a climate of legal order

What is the doctrine of separation of powers described as in the text?

An animation of the rule of law

What is a definition of tyranny?

Accumulation of power

Which of the following is NOT mentioned as a source of procedure for administrative agencies in the text?

Judicial precedents

What does the text suggest about the relationship between the rule of law and natural law?

The rule of law is a modern name for natural law

What must every legislative, executive, and judicial exercise of power depend on for its validity?

The rule of law

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

Common law enforced by courts

According to Dicey, what would secure individual rights more adequately than a mere declaration in a document?

Enforcement by courts

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

They exempted civil servants from ordinary courts

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

Declaration in a Constitution

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

Exemption of civil servants from ordinary courts

In which year did India experience an emergency situation similar to Dicey's fears about fundamental rights abrogation?

1975

'The Law of the Constitution' primarily views rules defining fundamental freedoms as consequences of what?

'Rule of Law'

'Such transference of authority slaps the foundation of the rule of law' - What does Dicey refer to as 'such transference'?

'Special tribunals'

'Rights would be secured more adequately if they were enforceable in the courts of law' - What did Dicey imply about securing individual rights?

'Mere declaration in a document'

'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?

'Constitutional provisions'

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

Ensuring fairness, reasonableness, and justice

How are the principles of administrative law related to the Constitution, according to the text?

They emerged from specific Constitutional Articles

Which concept characterizes the primary focus of administrative law as highlighted in the text?

Individual liberties

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

Public administration

What did Dicey imply about securing individual rights in relation to enforceability in courts of law?

It is better than mere declarations in documents

What role does Professor Upendra Bakshi associate with administrative law primarily?

Protecting individual rights and ensuring accountability

What has been characterized as the most outstanding legal development of the 20th century?

Administrative Law

In what century did administrative law come to be recognized as a separate branch of legal discipline?

19th century

Which of the following best describes the role of the State in modern times according to the text?

Welfare state

What influenced the shift towards transforming the country into a welfare state after independence?

Preamble to the Indian Constitution

What are the five categories broadly into which the functions of a modern state may be placed according to the text?

Protector, provider, entrepreneur, economic controller, arbitrator

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

Growth of administrative powers and functions

Which concept has deeply affected democracies and led to state activism according to the text?

'Social welfare'

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

'Law itself'

What was the State's role characterized as before independence?

'Night watchman state'

'Administrative law should be deemed to have been in existence in every country having some form of government because it is ____.'

'Universal in application'

According to Maitland, how does Constitutional law differ from Administrative law?

Constitutional law focuses on the organization of the Government at rest, while Administrative law focuses on the organization of the Government in motion.

Why is it challenging to make a strict demarcation between Constitutional law and Administrative law?

Due to the intricate relationship between them in terms of governmental functions.

In the context of Indian legislation, what is one reason for needing a comprehensive legislation on administrative law?

To standardize procedures and powers across different tribunals and administrative bodies.

How does Keith view the distinction between Constitutional law and Administrative law?

'It is illogical to distinguish between the two as they are intertwined.'

What is the primary focus of Administrative Law according to Professor Upendra Bakshi?

Detailing the powers and functions of administrative authorities.

How does Wade define the primary objective of administrative law?

'To facilitate transparency and accountability in administration.'

What differentiates Administrative Law from Constitutional Law based on Garner's definition?

'Administrative Law focuses on specific administrative procedures, while Constitutional Law is more general.'

'Rule of Law' embodies the concept related to:

'Separation of powers within the government.'

'Administrative law is made up not only of legislative and executive rules but also:

'Judicial decisions interpreting those rules.'

What was Keith's opinion on distinguishing between Administrative Law and Constitutional Law?

He believed that attempts to distinguish between the two are artificial as they are logically intertwined.

Which concept is at the root of both the doctrine of separation of powers and the rule of law?

Natural law

What does Lord Denning suggest happens when the new powers of the executive are abused?

They lead to the Totalitarian State

What does the rule of law primarily emphasize?

Limits of governmental powers

Which concept is a modern name for natural law, according to the text?

Rule of law

'The holders of public power must be able to justify their actions publicly' is associated with which concept in the text?

Accountability

What term does the text suggest as a contradiction to 'Rule of man'?

'Rule according to law'

'Equal subjection to ordinary law' in Dicey's concept implies what?

'Rule according to law'

'The basic idea behind accountability is that rulers must justify their actions publicly.' Which principle does this align with?

Fraternity

According to Jain and Jain, in what way did the 'Doctrine of Separation of Powers' influence the development of Administrative Law in the USA?

It created a barrier to the development of Administrative Law in the USA

What did Sir Edward Coke successfully establish in his battle against the King?

The King should be under God and the Law

How did Dicey explain the second principle of the rule of law regarding equality before the law?

Equal subjection of all classes to ordinary law

What did Hobbes, Locke, and Rousseau refer to as the Rule of Law?

Natural Law

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

Derived from French Phrase 'la principe de legalite'

Which term best describes how 'Rule of Law' is understood in terms of State political morality?

'State political morality'

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

'Rights' and 'Powers'

What did Dicey emphasize as a fundamental aspect related to equality before the law?

'Equal subjection to ordinary law'

'Rule of proper law balances the needs of society and individuals.' What does this imply?

'Balance between societal needs and individual rights'

What does Kenneth Culp Davis exclude from the domain of administrative law in his definition?

Rule application

Which term is often used to describe the emerging branch of administrative law that deals with international guidelines from entities like the WTO?

Global Administrative Law

In terms of governmental functions, what does the Law Commission of India emphasize as a crucial aspect for reconciling economic growth with social justice?

Regulation

Which aspect of administration is often considered the main interest of Administrative Law according to some jurists?

Decision-making Participation

What is a challenging aspect in defining Administrative Law?

'Rule of Man' Influence

What is NOT a factor that some definitions of Administrative Law tend to overlook, according to the text?

'Decision-making Process' Participation

In the context of modern times as per the text, what plays a significant role in ensuring governmental accountability?

'Rule Adjudication'

'Functional Formulations' in administrative law primarily serve as what for future actions?

'Rules of Conduct'

'Global Administrative Law' mainly involves directives and guidelines from international organizations impacting what entities?

'Private Corporations'

What aspect of the British Constitutional system does Dicey emphasize regarding individual rights?

Rights are defined and enforced by the courts of law

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

Providing civil servants with special courts outside ordinary law jurisdiction

What did Dicey fear would render fundamental rights futile if declared in a statute or Constitution?

Amendment of the statute

Why did Dicey assert that transference of authority away from courts jeopardizes individual rights?

It weakens judicial protection of liberties

According to Dicey, what led to the situation where even illegal acts by the government were not challengeable in court?

Presidential proclamation suspending Article 21

What did Dicey emphasize regarding enforcing individual rights in relation to a written Constitution?

'Fundamental Rights' are secure when enforceable in courts

What did Dicey fear about the source of fundamental rights being a document like a Constitution?

'Fundamental Rights' could be easily changed or removed

Why did Dicey criticize the exemption of civil servants from ordinary courts in France?

'Fundamental Rights' could not be enforced against civil servants

What did Dicey believe was a consequence of transferring authority away from courts and limiting access to them?

'Fundamental Rights' faced jeopardy and lack of protection

What does Dicey believe is crucial to secure individual rights effectively according to the text?

Common law enforcement by courts

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

To regulate the administration of government

What did Professor Upendra Bakshi lay special stress on in terms of administrative law?

Protecting citizens against abuse of public power

According to Griffith and Street, what are the four aspects dealt with in administrative law?

Composition, limitations of powers, procedural rules, and judicial controls

What does Garner describe Administrative law as?

Rules recognized by courts that regulate government administration

What aspect does Professor Upendra Bakshi believe is the main concern of administrative law?

Protection from arbitrary exercise of public power

According to Davis, what does an administrative agency affect through adjudication or rulemaking?

Private parties' rights

What is Wade's definition of administrative law focused on?

Control of governmental power

What control mechanisms apart from judicial oversight are mentioned as important by Davis?

Parliamentary control, delegated legislation, and administrative appeals

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

To develop a rule of law society founded on fairness and justice

Which legal field does administrative law fundamentally relate to, as highlighted in the text?

Constitutional law

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

Public administration

Which century saw a significant growth in administrative law, as mentioned in the text?

20th century

What entities are included in the matters administrative law deals with according to the text?

Public departments, local authorities, and other statutory bodies

How does administrative law view the relationship between the state's organs as discussed in the text?

It addresses interrelatedness and functions of legislative, executive, and judicial organs

What is a distinguishing characteristic of administrative law in modern times as per the text?

Increased government intervention in all aspects of life

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

Because administration now impacts every facet of an individual's life

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

Expansion of state functions and powers

What characterizes the functions of a modern state according to the text?

Provider, protector, entrepreneur, economic controller, arbitrator

Which term best describes the role of the State before the 20th century based on the text?

'Law and order state' with limited functions

Why is Dicey's concept of administrative law considered outdated based on the text?

It underestimated the importance of administrative powers and functions

What influenced the shift towards transforming India into a welfare state after independence?

'State activism' advocating for social welfare

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

'Law and order state' has shifted to a welfare state focus

What does administrative law primarily focus on today as per the text?

'Social justice demands'

How has the emergence of 'social welfare concept' impacted democracies according to the text?

'State activism' leading to more functions left to private enterprise

What is the main challenge in defining Administrative Law according to the text?

The difficulty in balancing governmental powers and individual rights

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

Control of powers of the government

Why did early English writers struggle to differentiate between administrative law and Constitutional law?

The blurred lines between governmental powers and administration

What distinguishes Global Administrative Law as discussed in the text?

Its impact on subsidiary facilities and services

How does Administrative Law impact quasi-administrative agencies according to the text?

By providing guidelines for their functioning

What does Administrative Law mainly aim to protect according to the text?

Individual rights and liberties

What is the significant emphasis placed on by some jurists regarding Administrative Law?

Governmental accountability

Why is it challenging to demarcate the nature, scope, and content of Administrative Law?

Conflicting definitions provided by jurists

'Functional Formulations' in administrative law primarily serve as what for future actions?

'Functional Formulations' are rules for future actions based on exercised discretion

What is considered a challenge for defining Administrative Law, mentioned in the text?

The broad interpretations encompassing various aspects of law

What did Lord Denning suggest would happen if the new powers of the executive were abused?

A transition towards a Totalitarian State

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

Quasi-legislative action and quasi-judicial action

In what manner does the concept of accountability relate to the holders of public power?

They are accountable to the people for justifying their actions

What is the primary idea behind the rule of law as discussed in the text?

Creating a legal system based on natural justice

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

The ideal of the rule of law

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

Constitutional law forms the basis of administrative law

What concept characterizes the primary focus of administrative law as highlighted in the text?

'Rule of law'

In what way does Dicey suggest individual rights are ensured effectively compared to written Constitutions?

'Rule according to law'

'Global Administrative Law' primarily focuses on which entities according to the text?

'Rule under international treaties'

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

'Accountability must be justified'

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

To attain uniformity in maintaining procedures and prescribing powers

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

Administrative law deals with structure and broader rules while Constitutional law deals with detailed functions

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

As a distinction based on convenience and custom rather than logic and principle

What aspect of Constitutional law does Administrative law deal with in detail?

Organization of the service

What is the primary focus of Administrative Law according to the text?

Dealing with the powers of administrative authorities

How does Keith view distinguishing between Constitutional law and Administrative law?

As logically impossible with all attempts being artificial

In what way do Constitutional law and Administrative law differ according to Hood Phillips?

Constitutional law deals with structure while Administrative law deals with functions in motion

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

'Rule according to law' is arbitrary while 'Rule of Law' is based on principles of justice

What aspect does Administrative Law focus on in terms of administrative authorities?

The structure and organization of the administrative service

According to Griffith and Street, what are two interrelated aspects dealt with in Constitutional and Administrative Law?

Structure and functions of Government at rest or in motion

What was Sir Edward Coke's main contribution to the concept of Rule of Law?

Establishing the supremacy of the law against the executive

What did Dicey emphasize as a crucial principle regarding the rule of law in England?

Equality before the law for all classes

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

Rights and powers between individuals and the state

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

Doctrine of Separation of Powers

What is a key aspect emphasized by Dicey regarding the rule of law?

Equality before the law for every individual

In which country did Dicey develop his theory of Rule of Law in his classic work 'The Law and the Constitution'?

Britain

What did Kenneth Culp Davis suggest as a principal doctrinal barrier to developing the administrative process?

'Separation of Powers' doctrine

Which term best represents a government based on principles of law and not arbitrary powers?

'Rule of Law'

'Rule of Law' is generally understood as a doctrine focusing on securing a correct balance between:

'Rights' and 'powers'

'Rule of law' is often associated with which historical ideal that appeals even today?

'Natural Law'

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

Exempting civil servants from the jurisdiction of ordinary courts.

What did Dicey fear would jeopardize individual rights according to the text?

Transference of authority to administrative tribunals.

What does Dicey emphasize as a key aspect of the British Constitutional system?

Defining individual rights as a consequence of judicial decisions.

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

Negation of equality before the law.

Which aspect did Dicey fear would render a written Constitution ineffective?

Suspending fundamental rights during emergencies.

What did Dicey criticize about exempting civil servants from ordinary court jurisdiction?

Negating equality before the law.

What did Dicey fear regarding the source of fundamental rights in other countries with written Constitutions?

That they could be easily amended through Constitution changes.

What was Dicey's stance regarding the exercise of judicial functions by administrative authorities?

He opposed it as undermining individual rights.

'The Law of the Constitution' emphasizes which aspect according to Dicey?

The role of courts in defining and enforcing individual rights.

What did Dicey believe would secure rights more adequately according to the text?

Enforcement of rights by courts of law.

What is the primary emphasis of the definition of administrative law proposed by Garner?

Prescribing rules recognized by courts

How does Wade primarily define administrative law?

As the law related to governmental power

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

Control of administrative powers

What aspect of administrative law does Griffith and Street's definition primarily emphasize?

Composition and powers of administrative agencies

What is the main concern highlighted by Davis regarding the definition of administrative law?

Neglecting the role of judiciary in control

Which aspect is NOT primarily addressed by Wade's definition of administrative law?

Regulation of private party actions

What does Casey Davis advocate as the role of an administrative agency?

Affecting private parties through adjudication or rulemaking

What does administrative law primarily strive to develop in society?

A rule of law society based on fairness, reasonableness, and justice

Where do the principles of administrative law primarily emerge from?

Constitutional provisions, particularly Articles 14 and 21

What does administrative law primarily define and determine?

Organization, functions, powers, and duties of administrative authorities

Which branch of public law is primarily anti-authoritarian according to the text?

Administrative law

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?

The Constitution

What did Ivor Jennings emphasize as the primary subject matter of administrative law?

Public administration

What characterizes administrative law according to the text?

It came to be recognized as a separate branch in the 20th century.

Why did administrative law experience rapid growth in modern times?

As a result of the growth of administrative powers and functions.

In what way were the state's functions different before and after independence?

The state took over more functions previously left to private enterprise after independence.

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

Administrative law deals with the state's functions, while Constitutional law does not.

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

It has led to an increase in state operations and functions.

Why was it necessary to delegate some powers to administrative authorities?

To allow for efficient management of social and economic life.

What role did the state primarily play before the 20th century according to the text?

'Protector'

What was the most significant change in the role of the State from being a 'police State' according to the text?

'Provider' role

'Administrative authorities' refers to entities responsible for:

'Governmental functions'

What is the distinguishing feature of modern administrative law?

Its focus on balancing social justice and economic growth

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

The protection of individuals from arbitrary exercise of public power

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

To maintain control over governmental power

Why does Griffith and Street view administrative law as a critical aspect of governance?

To control the operation and powers of administrative authorities

What distinguishes Professor Upendra Bakshi's definition of administrative law from others?

Focus on non-adjudicative functions of administration

What does Wade suggest is the key to maintaining the rule of law in administrative processes?

Judicial control over administrative actions

According to Davis, what is the major flaw in existing definitions of administrative law?

Neglecting non-adjudicative functions of administration

What does Garner's definition of administrative law focus on primarily?

Rules recognized as law by the courts in relation to government administration

How does Davis' view differ from Wade's regarding the primary concern of administrative law?

Emphasis on control of governmental power vs. regulation of administration

What do Griffith and Street suggest is a key aspect that administrative law must deal with according to their definition?

Controlling and regulating the operation and powers of administrative authorities

According to the provided text, why does no universally accepted definition of administrative law exist?

Different specialist emphases on various aspects of the administrative process

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

To ensure fairness, reasonableness, and justice in a rule of law society

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

Public administration

What significant development is highlighted in the text regarding administrative law in the twentieth century?

Rapid growth of administrative law

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

Article 14 and Article 21

According to Holland and Maitland, how is administrative law related to Constitutional law?

Administrative law is a subset of Constitutional law

What does administrative law primarily define and determine regarding administrative authorities?

Their organization, functions, powers, and duties

What did Sir Edward Coke successfully establish in a battle against the King?

The supremacy of the law against the executive

What is the main focus of 'Global Administrative Law' as discussed in the text?

Dictating guidelines on subsidiaries and services

In what aspect do most definitions of Administrative Law fail, according to the text?

Being too broad and including more than necessary

What is the concept of 'Rule of Law' generally understood as?

A doctrine of state political morality

What does the term 'Rule of Law' infuse law with according to the text?

Moral qualities

What major concern does 'Global Administrative Law' address according to the text?

Interference in domestic banking systems

According to Dicey, what does the 'Rule of Law' imply regarding government officials?

Equal subjection of all to ordinary law

Why is it challenging to provide a precise definition of Administrative Law, based on the text?

Struggle to include all essential components

What does the French phrase 'la principe de legalite' refer to in terms of governance?

Government based on laws' principles

How do new centers of economic power impact the development of administrative law according to the text?

By disregarding fundamental rights of disadvantaged sections

What did Kenneth Culp Davis exclude from his definition of Administrative Law according to the text?

Rule application

What does Dicey emphasize as a principle regarding equality before the law?

Equal application of laws

In what sense does the 'Rule of Law' imply 'Democratic principle' according to Dicey?

(c) Democratic principle of equal subjection to ordinary law administered by ordinary courts

How do Rule of Law and Judicial review contribute to a welfare state as per the text?

By ensuring government accountability and citizen liberties

'Rule of proper law balances the needs of society and the individual.' What does this balance primarily focus on?

'Proper law' balancing societal needs and individual rights equally

'Rule of law' is derived from which term according to the text?

'Just Law'

'Rule of law' is an eternal value of Constitutionalism and an inherent attribute of democracy. What does it embody according to the text?

'Supremacy of law'

What does Lord Denning suggest happens when the new powers of the executive are abused?

The emergence of a Totalitarian State

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

Rulemaking, quasi-judicial action, ministerial action, pure administrative action

In the context of administrative law, what does the rule of law represent?

Principles of freedom, equality, non-discrimination, fraternity, accountability

What does the text suggest is the main idea behind accountability in administrative law?

Justifying exercises of public power as socially just and reasonable

How does the text characterize the concept of the rule of law in terms of governance?

A legal order that is just and reasonable

What is the primary goal of the doctrine of separation of powers according to the text?

Protecting life, liberty, and dignity of the individual

What is the key difference between 'Rule according to law' and 'Rule of law'?

'Rule according to law' implies mere legality while 'Rule of law' encompasses principles like freedom and accountability

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

Constitutional law regulates the functions of the Government, while Administrative law deals with the organization in motion.

According to Hood Phillips, how does he differentiate Constitutional law from Administrative law?

Constitutional law is concerned with the organization at rest, while Administrative law is concerned with the organization in motion.

In the modern state, what does Constitutional law primarily regulate?

Functions of the legislature, executive, and judiciary.

What role does administrative law primarily play in the context of governmental operations?

Regulating the powers of administrative authorities.

According to Keith, why is it difficult to distinguish between Constitutional law and Administrative law?

Because the distinction is a matter of convenience rather than principle.

What aspect of governance is the main focus of Administrative Law according to the text?

Administration procedures and authorities' powers.

What is a key distinction between Constitutional law and Administrative law according to Hood Phillips?

Constitutional law regulates structure at rest, while Administrative law regulates structure in motion.

According to Dicey, what did he emphasize as the source of fundamental freedoms of the people?

Judicial decisions in concrete cases

What was Dicey's concern regarding the enforcement of rights declared in a document?

They could be ignored or curtailed

In Dicey's view, what jeopardizes individual rights according to the text?

Encroachment on court jurisdiction

What did Dicey criticize about the French legal system in relation to civil servants?

Special treatment in administrative tribunals

Why did Dicey argue against the exemption of civil servants from ordinary courts?

It undermined equality before the law

Which aspect of the British Constitutional system did Dicey highlight as a leading feature?

'Rule of Law'

What did Dicey fear could be abrogated if the source of fundamental rights was a document?

'Fundamental Rights'

What did Dicey assert was needed to ensure the foundation of the rule of law?

'Judicial' functions of administrative authorities

According to Dicey, what did any restriction on a subject's access to courts jeopardize?

'Fundamental Rights'

'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?

'Judicial Decisions' significance

Why was administrative law recognized as a separate branch of legal discipline in India only by the middle of the 20th century?

Due to the shift from a police State to a progressive democratic State

What does the philosophy of welfare state ingrained in the Indian Constitution lead to according to the text?

State activism and increase in areas of state operation

What characterizes the modern State's functions according to the text?

Protector, provider, entrepreneur, economic controller, arbitrator

What impact did the emergence of social welfare concept have on democracies according to the text?

Led to an increase in state operation and takeover of private enterprise functions

Why did administrative law become a major area for study and research according to the text?

Due to the rapid growth of administrative powers and functions

How has administrative law evolved compared to previous centuries according to the text?

Has grown and developed significantly, becoming a recognized branch of public law

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

Protector, provider, entrepreneur, economic controller, arbitrator

What did the opening statement signify about administrative law's development according to the text?

It has become more articulate and definite as a system in democratic countries

'Rule of proper law balances the needs of society and the individual.' What does this imply about administrative law as per the text?

'Rule of proper law' is a fundamental aspect of administrative law

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?

Ceaseless enforcement to prevent executive overreach

What did Kenneth Culp Davis include in his definition of Administrative Law?

Rulemaking and rule adjudication

What term is used to describe the emerging branch of administrative law that deals with the influence of organizations like the WTO?

Global Administrative Law

In the context of Administrative Law, what do early English writers fail to differentiate between?

Administrative and Constitutional law

What did Dicey emphasize as the primary object of Administrative Law?

Protection of individual rights

What does 'Functional Formulations' in administrative law primarily represent for future actions?

Rules for future administrative actions

Which aspect characterizes the role of the State in modern times as discussed in the text?

'Facilitator, enabler and regulator'

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

'The control of government powers'

'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?

'Social justice'

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

'Monopoly of wisdom'

According to Davis, what is the primary concern with his definition of administrative agency?

It does not encompass non-adjudicative administrative functions.

Which aspect of administrative law does Professor Upendra Bakshi specifically emphasize?

The protection of citizens' rights in a developing society.

What do Griffith and Street define as the main object of administrative law?

Operation and control of administrative authorities.

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

Control of governmental power.

What does Garner describe as the focus of Administrative law according to his definition?

Composition and powers of administrative authorities.

How does the absence of a written Constitution in the UK impact the source of administrative law?

It derives from customary practices and court decisions.

'The powerful engines of authority must be prevented from running amok' refers to the need to:

Limit government powers within legal bounds.

'Pathology of power in a developing society' refers to protecting:

'Little man' from public power abuse.

'Composition and the powers of administrative authorities' are primarily focused on by Griffith and Street to:

'Operation and control' of administrative authorities.

According to Maitland, what does he specify as the main focus of Constitutional law compared to Administrative law?

Structure and broader rules regulating functions

Who is credited with being the originator of the concept of Rule of Law?

Sir Edward Coke

Which aspect does Hood Phillips highlight as the main concern of Constitutional law?

Organization and functions of Government at rest

What term did the Romans use to refer to the Rule of Law according to the text?

Just Law

Dicey's concept of Rule of Law emphasizes which of the following principles?

Equality after the law

What does Keith assert about distinguishing Administrative law from Constitutional law?

It is logically impossible to distinguish the two

What is the primary focus of Administrative Law as described by Wade?

Organizing the service and departments of Government

What was the concept that Dicey believed would secure individual rights more adequately than a mere declaration in a document?

Doctrine of Rule of Law

What does the Rule of Law seek to establish in a free and civil society?

Balance between rights and powers

Which entities are covered under Administrative Law's detailed treatment according to the text?

Public departments and statutory bodies

In terms of Constitutional law in India, what does it primarily focus on?

Organization and power of legislative and judiciary

What does 'la principe de legalite' refer to?

'Principle of legality'

What did Dicey assert about special privileges for government officials in relation to the Rule of Law?

Absence of special privileges is a principle under Rule of Law

What is considered the necessary evil in all progressive societies as per the text?

Execution and implementation of welfare schemes by the government

What is Sir Edward Coke's contribution to modern understanding of Rule of Law?

Insisting on King's subjection to God and law

What does Administrative Law specifically deal with as described in the text?

Powers and their exercise by authorities and available remedies for abuses

Which term is NOT used interchangeably with the concept of 'Rule of Law' according to the text?

Law according to Man

What does Wade emphasize regarding the sources of Constitutional law and Administrative law?

They are intertwined and inter-related with each other

What does Griffith and Street identify as the four aspects dealt with by administrative law?

Powers of civil services, public departments, local authorities, statutory bodies

What is a key aspect emphasized by Dicey in his concept of Rule of Law regarding individuals' subjection to law?

All persons should be governed by ordinary courts regardless of status

What aspect does the doctrine of separation of powers aim to protect?

Life, liberty, and dignity

In the context of accountability, what is the basic idea that rulers must adhere to according to the text?

Be able to justify the exercise of public power

According to Lord Denning, what can lead to the Welfare State when properly exercised?

Rule of law

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

'Rule of man and Rule according to law'

What concept characterizes the rule of law as an idea according to the text?

Modern natural law

What is the primary role that administrative law plays in defining the exercise of public power according to the text?

Constrains the powers of government

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

'Freedom, Equality, and Fraternity'

What is the primary focus when exercising public power according to the concept of accountability in administrative law?

'Social Justice and Reasonableness'

What do Wade and Garner suggest should be the chief concern when defining administrative law?

'Justice and Reasonableness'

'Rule of Law' is primarily based on principles of freedom, equality, non-discrimination, and which other factor according to the text?

'Accountability'

According to Dicey, what was his main concern regarding the source of individuals' fundamental rights in a written Constitution?

They could be challenged at any time by amending the Constitution.

In Dicey's view, why did he criticize the French legal system of droit-administratif?

It exempted civil servants from the jurisdiction of ordinary courts.

According to Dicey, how did the French legal system's distinct administrative tribunals jeopardize individual rights?

By restricting the subject's access to ordinary courts of law.

What aspect of the English legal system's Constitutional Code is emphasized by Dicey's explanation?

The supremacy of common law in defining individual rights.

How did Dicey perceive the transference of authority to administrative authorities in terms of the English Constitutional system?

As a threat to the rule of law and jeopardy to subjects' rights.

What was Dicey's concern regarding administrative tribunals in France compared to how English common law operates?

Civil servants had more privileges and immunities in administrative tribunals than under common law.

How did Dicey view the role of the judiciary in securing individual rights in England compared to countries with written Constitutions?

Judicial decisions ensure more secure guarantees of rights than written Constitutions.

Why did Dicey emphasize the enforcement of individual rights by courts of law rather than mere declaration in a document?

'Fundamental Rights' risk abrogation even when they are declared in a document.

'The Law of the Constitution' emphasizes which aspect according to Dicey's explanation?

'The Law of the Constitution' is a consequence of judicial enforcement of individual rights.

Dicey considered that any encroachment on jurisdiction or restrictions on subjects' access to courts would:

Jeopardize subjects' rights and freedoms.

What does administrative law strive to develop in society?

A rule of law society based on fairness, reasonableness, and justice

Which constitutional articles did the principles of administrative law emerge from?

Articles 14 and 21

What does administrative law primarily define and determine?

The organization, functions, powers, and duties of administrative authorities

Which branch of public law is essentially anti-authoritarian according to the text?

Administrative law

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

Public administration

According to Holland and Maitland, how is administrative law related to Constitutional law?

It is part of Constitutional law

What is the primary concern of Administrative Law according to Kenneth Culp Davis?

Protecting individual rights

What is the main aspect that differentiates Constitutional law from Administrative law according to Maitland?

Deals with structure and broader rules

In the context of Administrative Law, what do some jurists believe is the main goal of the law?

Governmental accountability

Which statement best describes the distinction between Constitutional law and Administrative law according to Hood Phillips?

Constitutional law is concerned with organization at rest, while Administrative law deals with that organization in motion

How does administrative law differ from Constitutional law according to early English writers?

It includes all branches of government

According to Keith, why is it considered logically impossible to distinguish between Administrative law and Constitutional law?

Their functions are inter-related

Which aspect of Administrative Law is highlighted by Keith when distinguishing it from Constitutional law?

Rule adjudication

What does Kenneth Culp Davis consider as part of Administrative Law?

Rule adjudication

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

Organization and powers of the legislature

How does Administrative law differ from Constitutional law in terms of details according to Maitland?

Administrative law provides detailed functions

What is a distinguishing feature of modern administrative law compared to previous legal concepts?

Utilization of functional formulations

What role do some jurists assign to Administrative Law in ensuring effective governance?

Ensuring administrative tasks completion

What distinguishes Administrative law from Constitutional law according to English and American authors?

'Rule of Law' principles

Which aspect does Keith exclude from the domain of Administrative Law in his definition?

Rule application

Why did Constitutional law traditionally encompass concepts of Administrative law?

'Rule of Law' principles

How do early English writers perceive the relationship between Constitutional law and Administrative law?

As closely intertwined legal concepts

According to Griffith and Street, what key aspect does Administrative law deal with?

'La principe de legalite'

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

'Artificial'

What does Administrative Law primarily aim to protect according to Kenneth Culp Davis?

Individual rights

'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?

Hood Phillips

What is a difficulty with Davis' definition of administrative law, according to the text?

It does not cover non-adjudicative administrative functions

What is Wade's view on the primary object of administrative law?

To regulate governmental power

According to Griffith and Street, what does administrative law primarily deal with?

Composition and powers of administrative authorities

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

Controlling abuse of power by administrative authorities

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

Affect the rights of private parties through adjudication

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

Control governmental power

According to Griffith and Street, what is one aspect that Administrative law deals with?

Limiting administrative authorities' powers

What does Garner describe as the focus of Administrative law according to his definition?

Rules recognized by courts as law that regulate government administration

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

Extension of welfare state functions and services

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

The King must abide by the Law and is subject to its limitations

Which individual is credited with originating the concept of the Rule of Law?

Sir Edward Coke

According to Dicey, the principle of 'equal subjection to ordinary law' implies:

Absence of special privileges for government officials or any person

What was the term used by the Romans to describe the concept that later evolved into the Rule of Law?

'Just Law' - Jus Naturale

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

Equal subjection to ordinary law for all social classes

Which term was used by early social contractualists like Locke and Hobbes to refer to the concept that evolved into Rule of Law?

'Natural Law'

According to Davis, what was identified as a principal barrier to the development of the administrative process?

'Theory of Separation of Powers'

What term denotes a government based on principles of law and not individuals?

'Principle of Legality'

Who is credited with developing Sir Edward Coke's concept into a theory in 1885?

Dicey

What was Sir Edward Coke's stance regarding the relationship between the King and the law?

The King should be under God and the law

What was Dicey's emphasis regarding individuals' subjection to law in England?

All persons should be subject to one law without distinctions

What key aspect of society does administrative law aim to develop, as mentioned in the text?

Equality and fairness

Which of the following is NOT included in the matters relating to administrative law according to the text?

Private enterprises

What is the primary subject matter of administrative law?

Public administration

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

Article 14 and Article 21

What did Holland and Maitland suggest about the relationship between administrative law and Constitutional law?

Administrative law is part of Constitutional law

According to Dicey, what distinguishes the British Constitutional system from many other countries with written Constitutions?

The source of fundamental freedoms from judicial decisions

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

Rulemaking, quasi-judicial action, ministerial action or pure administrative action

What does administrative law primarily focus on defining and determining about administrative authorities?

Organization, functions, powers, and duties

How is the Administrative Procedure Act, 1946 in the USA related to administrative agency procedures?

It allows each administrative agency to develop its own procedure

What did Dicey fear would happen if fundamental rights were solely dependent on a document like a Constitution?

They would be subject to the executive's discretion

What values does the concept of the rule of law represent?

Freedom, equality, non-discrimination, fraternity, accountability, and non-arbitrariness

Which aspect of the French legal system did Dicey criticize as negating equality?

Exemption of civil servants from jurisdiction

What does the rule of law primarily aim to achieve?

Protection of individual rights

What did Dicey assert regarding administrative authorities exercising 'judicial' functions without being 'courts'?

It undermined the rule of law

What did Dicey believe would jeopardize individual rights according to his analysis?

Subject's unimpeded access to courts

How does the doctrine of separation of powers relate to the concept of natural law?

It aims to progressively diminish arbitrary power for individual protection

What is the primary idea behind the concept of accountability in administrative law?

To ensure public power is exercised justly and reasonably

How did Dicey view the enforcement of individual rights when comparing a common law system to one based on written Constitutions?

More secure in a common law system

What did Dicey suggest would be futile if individual rights were merely declared in a statute or Constitution?

'Fundamental Rights' could be abrogated

What does accountability in administrative law entail, according to the text?

Ensuring public power is justifiable legally and socially

How did Dicey describe the consequences of transferring authority from the courts to distinct administrative tribunals?

'Slaps the foundation' of the rule of law

Why does every exercise of legislative, executive, and judicial power depend on the ideal of the rule of law?

"To add something more to the quality of life of the people"

'Rule according to law' represents a contrast with which term according to the text?

Natural Law

What was Dicey's primary concern regarding encroachments on court jurisdiction and restrictions on subjects' access to them?

'Jeopardizing' individual rights

What is the primary concept behind the rule of law's application in society?

To ensure governmental powers are exercised within legal boundaries

What significant change in the role and function of the State is highlighted in the text in relation to administrative law?

Transition from a police state to a welfare state

What aspect of modern administrative law does the concept of Global Administrative Law primarily highlight?

Interference of WTO guidelines in different countries

According to Kenneth Culp Davis, what is excluded from the domain of Administrative Law?

Rule application by administrative agencies

How does the text describe the relationship between administrative law and public administration?

Ancient as administration itself, a concomitant of organized administration

What impact did the emergence of the social welfare concept have on the functioning of modern states?

Led to increased state operation and state activism

What is the central idea behind the concept of 'Global Administrative Law'?

Ensuring global governance through legal frameworks

In what way has administrative law been characterized with regard to legal developments of the 20th century?

Most outstanding legal development

Which function does Administrative Law NOT touch upon according to the text?

Courts and judicial systems

How does the text describe the functions of the modern State in relation to administrative law?

Provider, protector, entrepreneur, economic controller, arbitrator

What distinguishes Global Administrative Law from other branches of administrative law?

Focus on international standards set by the WTO

What did Early English writers fail to differentiate between regarding legal concepts?

Administrative Law and Constitutional Law

What category does the text place the functions of the modern State in, when discussing administrative law?

Protector, provider, entrepreneur, economic controller, arbitrator

What significant change does the text highlight in administrative law's growth during modern times?

Direct result of growing administrative powers and functions

What does Kenneth Culp Davis highlight as the core focus of Administrative Law?

'Ensuring governmental accountability'

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

Constitutional law concerns the organization of Government at rest, while administrative law concerns the organization of Government in motion.

Which key aspect of Administrative Law forms a rule for future actions?

'Functional formulations'

What is the primary focus of Administrative Law according to India's written Constitution?

The powers and functions of administrative authorities, including civil services and public departments.

What does the text emphasize about administrative law in terms of its abundance and impact?

Widespread ubiquity and deep influence in an individual's life

Which statement best describes the relationship between Constitutional law and Administrative law?

Both Constitutional law and Administrative law belong to public law and are interrelated and complementary.

'Global Administrative Law' primarily deals with regulations from which international organization?

'WTO'

What direct result is mentioned in the text regarding the rapid growth of administrative law?

Growth of administrative powers and functions

How does the text describe the modern State's approach towards governance and social welfare?

Ensuring social security, welfare, industrial regulation, and equality for all

'Rule according to law' primarily emphasizes what concept in contrast to 'Rule of law'?

'Legislative supremacy'

What did Keith emphasize regarding differentiating Administrative law from Constitutional law?

Any attempt to distinguish them is artificial according to Keith.

In what way do English and American authors view the distinction between Constitutional law and Administrative law?

The distinction is primarily one of degree, convenience, and custom rather than logic or principle.

What does Maitland suggest about the differentiation between Constitutional law and Administrative law?

'Constitutional law deals with structure while Administrative law deals with function,' according to Maitland.

'It is not essential and fundamental in character' best describes the distinction between which two legal disciplines?

'Constitutional Law and Administrative Law'

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

Control of governmental power

'According to Davis, what does an administrative agency refer to?'

'An administrative agency refers to any governmental authority carrying out public administration.'

Who emphasizes the protection of the 'little man' from the arbitrary exercise of public power?

Bakshi

'Legislations which provide for the establishment of tribunals' are mentioned in relation to which Act?

'The Industrial Disputes Act, 1947'

'While Constitutional Law deals with structure, what does Administrative Law concern itself with?'

'Administrative Law deals with the details of organizations and their functions.'

What aspect of administrative law is highlighted by Griffith and Street in their definition?

Operational and control aspects

According to Davis, what does an administrative agency NOT include in its domain?

Substantive law production

Which definition of administrative law emphasizes keeping government powers within legal bounds for citizen protection?

Wade's definition

What does Garner's definition of administrative law relate to primarily?

Regulation of government administration

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

'Little man' protection

According to Lord Denning, what consequences can arise from the abuse of executive powers?

Leading to a totalitarian state

According to Griffith and Street, what is the main object of administrative law?

'Operation and control'

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

Rulemaking, Judicial action, Ministerial action, Pure administrative action

What principles form the basis of the rule of law as described in the text?

Freedom, Equality, Non-discrimination, Accountability

'Administrative law is made up not only of legislative and executive rules but also:

'Quasi-legislative rules'

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

Transparency and justification of actions

'The unenviable diversity in definitions' is attributed to what reason according to the text?

'Singular attention'

How does the text define the role of law in the context of the rule of law concept?

Law shapes and governs public power

Which concept does the doctrine of separation of powers aim to protect?

Progressive diminution of arbitrary power

What does the concept of rule of law focus on according to the text?

Values and legal order

What is the underlying principle that forms the basis for the accountability of holders of public power as discussed in the text?

'Powers without responsibility'

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

Values and a just legal framework

How does Lord Denning view the modern concept of rule of law compared to natural law?

A modern synonym for natural law

What is the main concept that Jain and Jain attribute to the growth of Administrative Law in Britain?

Rule of Law

According to Davis, what did he identify as the principal doctrinal barrier to the development of the administrative process?

Theory of Separation of Powers

Who is considered the originator of the concept of Rule of Law?

Edward Coke

What term did the Romans use to refer to the Rule of Law?

Jus Naturale

According to Dicey, what does the Rule of Law imply in terms of government officials?

Absence of special privileges

How did medieval societies refer to the Rule of Law?

'Law of God'

'Rule of law' is generally understood as a doctrine focusing on balancing:

'Rights' and 'Powers'

What did Dicey highlight as an essential aspect concerning fundamental rights and legal proceedings?

'Equal subjection to ordinary law'

What did Dicey identify as a key principle regarding the source of personal liberties?

'Natural Law'

According to Dicey's view, what was the role of the courts of law in ensuring personal liberties?

Defending individual rights through judicial decisions in concrete cases.

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

For establishing administrative tribunals for State officials and citizens.

In which scenario did Dicey fear that fundamental rights could be easily abrogated?

When they were included in a written Constitution.

What did Dicey assert would jeopardize individual rights according to his views on administrative tribunals?

Transference of authority from courts to administrative tribunals.

Why did Dicey emphasize that individual rights should be enforceable in courts rather than just declared in a document?

To protect liberties from potential amendments to constitutions.

What was Dicey's concern with the French droit-administratif regarding civil servants and their legal status?

They enjoyed special protections and separate tribunals.

How did Dicey's views differentiate the British Constitutional system from many other countries with written Constitutions?

By emphasizing enforceability of individual rights through common law.

'The Law of the Constitution is a consequence, not a source' refers to what concept according to Dicey's explanation?

'Fundamental Rights' based on common law decisions.

'Such transference of authority slaps the foundation of the rule of law.' What does this statement imply according to Dicey's perspective?

'Administrative tribunals' threaten the core principle of 'equality before the law'.

'Fundamental Rights can be abrogated if based on any document.' Why was Dicey concerned about this issue?

'Constitutions' can be amended to abrogate 'Fundamental Rights'.

What does administrative law strive to develop in society?

Rule of law based on fairness, reasonableness, and justice

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

Articles 14 and 21

What is the primary subject matter of administrative law as highlighted by Ivor Jennings?

Public administration

What does the rapid growth of administrative law signify according to the text?

Significant legal advancement in the twentieth century

How does administrative law contribute to a society based on fairness, reasonableness, and justice?

By defining and determining the organization and functions of administrative authorities

Which term defines administrative law as per the text?

'The Law of Public Administration'

What does Kenneth Culp Davis primarily include in his definition of Administrative Law?

Rulemaking and rule adjudication by administrative agencies

What is the main focus of Global Administrative Law?

Influence of international organizations like the WTO

Which concept forms a significant aspect of the emerging branch of administrative law called Global Administrative Law?

World trade regulations

In the context of Rule of Law, what principle is being emphasized to prevent abuse of power by the executive?

Governmental accountability

What does administrative law aim to protect in terms of individual rights?

Civil and political rights

Which aspect characterizes the new norms of Rule of Law and judicial review needed for reconciling economic growth with social justice?

Protection of disadvantaged society sections

What is the primary reason for the necessity to reevaluate reasons for the growth of administrative law according to the text?

Emergence of Global Administrative Law

What is one key feature that distinguishes Administrative law from Constitutional law?

'Functional Formulations' inclusion

'Rule of law and Judicial review acquire greater significance in a welfare state' primarily due to what reason according to the text?

'Executive overstepping power bounds'

'Functional Formulations' in administrative law primarily serve what purpose?

To create legal precedents for future actions

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

The protection of individual rights

According to Garner, what does administrative law primarily relate to?

Recognition by the courts as law

What is the main issue with defining administrative law according to Davis?

Excluding non-legislative functions

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

Protection against abuse of power

What is the focus of Griffith and Street in their definition of administrative law?

Operation and control of authorities

In the context of administrative law, what does Casey Davis advocate?

Recognition by the courts as law

What aspect does Davis' definition of administrative law neglect?

Non-legislative functions of administration

'Rule of Law' primarily aligns with which concept, according to Wade?

Protection against abuse of powers

What is the main concern addressed by Wade in his definition of administrative law?

Protection against governmental power abuse

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

Organization and powers of agencies; Powers limits; Prescribing procedures; Control through various means

What did Dicey fear in terms of fundamental rights being based on a document like a Constitution?

They could be easily abrogated by amending the Constitution.

How did Dicey view administrative tribunals for civil servants in France?

As a threat to equality and the rule of law.

What was Dicey's primary concern about declaring rights in documents or statutes?

They would lose their enforceability.

According to Dicey, why did the special tribunals for civil servants in France go against the principle of equality?

They took away the citizens' access to ordinary courts.

Why did Dicey emphasize the role of courts in enforcing individual rights rather than relying on declarations in documents?

To prevent misuse of government power.

What aspect of the British Constitutional system did Dicey highlight in contrast to many other countries with written Constitutions?

The role of the courts as guarantors of liberty and rights.

What did Dicey believe was the consequence of transferring authority away from courts and restricting access to them?

'Rule of Law' foundation was undermined.

What did Sir Edward Coke establish in a battle against the King?

The supremacy of the law against the executive

Which term did the Romans use to refer to the concept of Rule of Law?

Just Law

According to Dicey, what does the Rule of Law imply regarding government officials?

Special privileges for government officials

The concept of 'Rule of Law' is derived from which French phrase?

La principe de legalite

What does the term 'Rule of Law' embody according to the text?

Supremacy of law

What was the principal doctrinal barrier, according to Davis, hindering the development of the administrative process?

'Doctrine of Separation of Powers'

What idea is enunciated by Dicey regarding equal subjection under the Rule of Law?

'Absence of special privileges for a government official or any other person'

'Rule of law' is generally understood as a doctrine focusing on balancing which elements in society?

'Rights and powers'

'Rule of proper law balances the needs of society and the individual.' What attribute does this statement suggest about the rule of law?

'Infuses law with moral qualities'

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

Increasing governmental functions and powers

What distinguishes administrative law as a separate branch of legal discipline, particularly in India?

Ensuring social security and welfare for the common man

Which of the following categories do the functions of a modern state NOT broadly fall into, as mentioned in the text?

Economic liberator

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

Human misery

What has been characterized as the most outstanding legal development of the 20th century?

Rapid growth of administrative law

What change occurred in the philosophy of the State in the 20th century based on the text?

Transition to a welfare state concept

What does the text highlight as a distinctive function of the State in modern times?

Regulating industrial relations

'From cradle to grave' implies that the modern State takes care of its citizens by providing:

Social security and welfare benefits throughout their life

What is considered as a major area for study and research due to its growth and development?

Administrative law

What led to the recognition of administrative law as a separate branch of legal discipline in India?

Increase in governmental functions

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

Progressive diminution of arbitrary power to safeguard individual life and dignity

Why is the concept of the rule of law considered an idea?

It is based on principles like freedom and non-discrimination

What is the primary focus of the rule of law?

Ensuring that law rules based on just principles

How does Lord Denning describe the consequences of abusing executive powers?

Resulting in a Totalitarian State

What differentiates 'Rule according to law' from 'Rule of law'?

Ensuring social justice vs. ensuring legal validity

In what way does the doctrine of separation of powers align with the concept of natural law?

By safeguarding individual liberties and dignity

What is the fundamental concept underlying the idea of accountability in public administration?

Justification of public power to the people

Why does administrative law deal with controlling the methods and procedures of administrative organs?

To ensure adherence to principles like freedom and equality

What is the main challenge highlighted in the text regarding the sources of administrative law in India?

Inconsistency in procedures and powers of tribunals

How does Hood Phillips differentiate between Constitutional law and Administrative law?

Constitutional law regulates government organization at rest while Administrative law concerns organization in motion

According to Keith, why does he argue that distinguishing between Constitutional law and Administrative law is logically impossible?

The two are interrelated and complementary

What is the key focus of Administrative Law, as described in the text?

Monitoring administrative authorities' powers and actions

How does Constitutional law differ from Administrative law, according to Maitland?

Constitutional law focuses on detailed governmental functions while Administrative law deals with broader structures

What is highlighted as the primary distinction between Constitutional law and Administrative law by English and American authors?

'Rule of Law' in Constitutional law deals with structure, while in Administrative law it deals with functions

'Rule of Law' primarily represents:

'Rule according to legal principles'

'Global Administrative Law' mainly concerns the influence of:

'Rule of Law' on administrative practices worldwide

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

'Public justification for rulers' actions'

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

'Judicial decisions'

What does administrative law primarily strive to develop in society?

Rule of law society based on fairness, reasonableness, and justice

What is the source from which principles of administrative law emerged?

Articles 14 and 21 of the Constitution

Which organs of the state are primarily dealt with in the Constitution in relation to administrative law?

Legislative, executive, and judicial organs

What area does administrative law primarily encompass according to Ivor Jennings?

Public administration

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

Defining and determining organization, functions, and powers of administrative authorities

Which development is highlighted as the most significant of the twentieth century in the text?

Rapid growth of administrative law

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

Controlling the abuse of powers by administrative authorities

According to Wade, what does administrative law primarily relate to?

Control of governmental power

What is one aspect missing from Garner's definition of Administrative Law according to the text?

Composition and powers of administrative authorities

What difficulty arises in accepting Davis' definition of an administrative agency according to the text?

Neglects non-adjudicative functions

According to Professor Upendra Bakshi, what is the primary role of administrative law?

Protect citizens against the arbitrary exercise of public power

What does Wade highlight regarding the sources of Constitutional law and Administrative law?

'Recognition by courts as law'

Why do definitions of administrative law vary, according to the text?