1352 Questions
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?
'Unenviable diversity' in specialists' emphasis on certain aspects
'Rule according to law' contrasts 'Rule of Law' primarily in terms of:
'Substantive law produced by agencies'
'Fundamental Rights can be abrogated if based on any document.' Why was Dicey concerned about this issue?
It could lead to arbitrary government actions.
What did Sir Edward Coke's main contribution to the concept of Rule of Law entail?
On ensuring all individuals were subject to law.
What significant change in the role of the State occurred in the 20th century as discussed in the text?
Transition from a police State to a welfare State
What does the growth of administrative law in modern times directly correlate with, according to the text?
The expansion of administrative powers and functions
How has the modern State evolved in terms of its role towards citizens based on the text?
From being indifferent to citizens' needs to being proactive in social welfare
Why did the concept of administrative law become more recognizable in the 20th century as mentioned in the text?
Because of the rise of social welfare states
What impact did the emergence of social welfare ideals have on the functions of the modern State?
Led to an increase in state operations and functions
What was the primary characteristic of the State's role before the emergence of social welfare concepts as per the text?
Strictly security and defense functions
In what manner has administrative law become an integral area for study and research as highlighted in the text?
By encompassing every aspect of individual life under state regulation
How has administrative law expanded its scope and significance in modern times according to the text?
Through multiplying governmental functions and regulations
What is one reason cited in the text for the growth and development of administrative law during modern times?
'State transformation' towards welfare provisions
How does the text describe the current level of involvement of administrative law in an individual's life?
'Administrative ubiquity' impacting every aspect of an individual's life
What is the primary focus of administrative law in relation to governmental functions, according to Hood Phillips?
Regulating the functions of the government
According to Keith, what makes it logically impossible to distinguish administrative law from Constitutional law?
Inherent interrelation
Which legal scholar believes that the distinction between Constitutional law and administrative law is primarily based on degree, convenience, and custom?
English authors
In the context of India's legal system, what does Constitutional law primarily focus on according to the text?
Citizens' rights
What is the core distinction between Constitutional law and administrative law according to Maitland?
Detailing of functions
What does Administrative Law primarily concern itself with according to Kenneth Culp Davis?
Government organizations
In the context of Keith's view on administrative law, what is the emphasis on differentiating Constitutional law from administrative law?
'Degree' principle
According to Hood Phillips, what aspect of government does Constitutional law focus on compared to Administrative law?
'Functions at rest'
What did the Law Commission of India emphasize in the context of a welfare state?
Need for continuous enforcement of the Rule of law
Which aspect is emphasized in the development of Global Administrative Law as per the text?
Dictation of guidelines by international bodies
According to Kenneth Culp Davis, what does Administrative Law primarily concern?
Powers and procedures of administrative agencies
What is a key feature of Global Administrative Law as highlighted in the text?
Impacting people in various countries through guidelines
How do early English writers differ from modern authors regarding Administrative Law?
They saw it as part of Constitutional law
What characterizes the emerging field of Global Administrative Law?
Dictation of guidelines by supranational organizations
Why is it challenging to define Administrative Law according to the text?
'Unenviable diversity' in attempting precise demarcation
What is the main objective highlighted by some jurists regarding Administrative Law?
'Governmental accountability' and 'participation in decision-making'
'Rule adjudication' falls under which aspect of Administrative Law according to Kenneth Culp Davis?
'Rule application'
'Functional formulations' in Administrative Law mainly refer to what according to the text?
'Exercise of discretion forming rules for future action'
What does Lord Denning suggest about the consequences of abusing executive powers?
It leads to a Totalitarian State
What is a key aspect that administrative law defines?
The limits of governmental powers
In what way is the rule of law contrasted with 'Rule of man'?
Rule of law emphasizes accountability, while 'Rule of man' focuses on arbitrary decisions
What concept does the doctrine of separation of powers aim to protect?
Individual life, liberty, and dignity
Why does the text mention that the rule of law is not capable of any exact definition?
To highlight its dynamic and evolving character
What is the primary idea behind the concept of accountability in relation to holders of public power?
To justify the exercise of public power to the people
How does the rule of law differ from 'Rule according to law'?
'Rule according to law' requires adherence to laws, while the rule of law implies just and fair laws
What does the concept of natural law represent?
An idea beyond human creation
How does Wade define administrative law?
As a flexible doctrine with inherent fundamentals and rationality
In the context of Dicey's explanation, what does the Rule of Law imply?
Equal subjection of all classes to ordinary law
What did Sir Edward Coke establish successfully against the executive?
The supremacy of the law against the executive
According to Jain and Jain, which doctrine had a significant impact on Administrative Law development in the U.S.?
Doctrine of Separation of Powers
What is the primary focus of the concept of Rule of Law in securing a correct balance?
Equity and fairness
According to Davis, what was the principal doctrinal barrier to the development of the administrative process?
Doctrine of Separation of Powers
How does Rule of Law relate to State political morality according to the text?
'Rule of law' concentrates on securing a correct balance
What does 'la principe de legalite' refer to in relation to government according to the text?
'Rule by law' instead of 'rule by men'
'Just Law' or 'Jus Naturale' was traced back to which historical period according to the text?
Roman era
What did Dicey emphasize regarding individuals' subjection under the rule of law in England?
'Equal subjection to one and same law'
'Supremacy of law' embodies which concept according to the text?
'Anarchy'
What did Dicey fear would happen if fundamental rights were declared in a document?
They could be easily amended
According to Dicey, what was the consequence of having individual rights defined and enforced by courts?
Rights were more secure
In the context of individual rights, what did Dicey emphasize about the role of the judiciary?
The judiciary should be the sole protector
What did Dicey criticize about the French legal system's treatment of civil servants?
Special protection in administrative tribunals
How did Dicey view the French legal system's provision of special tribunals for officials?
As a violation of equality
What aspect of administrative law did Dicey see as crucial for upholding individual rights?
Role of ordinary courts
How did Dicey believe fundamental freedoms would be more adequately secured?
By enforceability in courts of law
'Equal subjection to ordinary law' as per Dicey implies:
'Rule of Law'
'Transference of authority' from courts to administrative tribunals was criticized by Dicey because it:
Undermined the rule of law
What did Dicey believe was the consequence if fundamental rights were based on any document or statute?
They could be ignored or curtailed
Administrative law is primarily concerned with?
Developing a rule of law society based on fairness, reasonableness, and justice
What is the main focus of administrative law, as highlighted in the text?
Determining the organization, functions, powers, and duties of administrative authorities
In the context of administrative law, which constitutional articles are mentioned as the source of its principles?
Articles 14 and 21
What is one of the fundamental aspects that administrative law deals with?
Relating to civil service, public departments, and statutory bodies exercising quasi-judicial functions
Which statement best describes administrative law's relationship with constitutional law?
Administrative law is a subset of constitutional law according to Ivor Jennings
As per the text, what is one of the significant developments of the twentieth century related to administrative law?
The rapid growth of administrative law
What does Administrative Law aim to protect?
Individual rights
Which statement best describes the main objective of Administrative Law?
Protecting individual rights
What aspect is emphasized by those defining Administrative Law as ensuring governmental accountability?
Stakeholder participation in decisions
According to Kenneth Culp Davis, what does Administrative Law concern?
Powers and procedures of administrative agencies
Which entities fall within the scope of Administrative Law as mentioned in the text?
All of the above
What differentiates Administrative Law from Constitutional law according to early English writers?
'Rulemaking' and 'rule adjudication' focus
'Global Administrative Law' primarily deals with regulations from which entity?
World Trade Organization (WTO)
'Rule of law' seeks to reconcile economic growth with which principle?
Social justice
'Administrative Law includes a large body of precedents and __________?'
Functional formulations
What did Lord Denning say about the consequences of properly and improperly exercised new powers of the executive?
They lead to a Totalitarian State when abused.
What do the four basic bricks of administrative law foundation include based on the text?
Rulemaking or quasi legislative action
How is the Administrative Procedure Act, 1946 in the USA and Tribunals and Inquiries Act, 1958 in England relevant to administrative agencies?
They establish procedural guidelines for administrative agencies.
Which principle is NOT considered an essential component of the rule of law?
Decentralization
What does the concept of 'rule of law' primarily emphasize?
Principles of freedom and equality
How does the concept of 'rule of law' differ from 'Rule according to law'?
'Rule of law' emphasizes accountability and equality.
What is the central idea behind accountability in relation to public rulers according to the text?
Rulers must justify their actions publicly to protect individual rights.
Which concept is an essential value represented by the rule of law?
"Freedom"
'Forms of accountability may differ, but what must remain consistent according to the text?'
"Public justification"
What significant change in the role of the State has occurred in the 20th century according to the provided text?
Shift from sovereign functions to social security and welfare
What is the primary concern with the definition of administrative law provided by Davis?
It excludes non-adjudicative administrative functions.
What is a defining characteristic of administrative law in modern times mentioned in the text?
Ubiquitous presence in individual lives
According to Garner, how does he describe administrative law?
Principles and rules recognized by the courts as law regulating government administration.
What concept has led to a significant increase in state operations and the assumption of new functions according to the text?
Directive principles in the preamble to the Indian Constitution
What aspect does Wade primarily emphasize in his definition of administrative law?
The control of governmental power.
What key factor has directly contributed to the rapid growth of administrative law in modern times as per the text?
Expansion of governmental responsibilities
What is the main idea behind Professor Upendra Bakshi's emphasis on administrative law?
Protection of citizens' rights against arbitrary exercise of public power.
What distinguishes the UK's source of administrative law from India's source?
Written Constitution in the UK and unwritten norms in India.
How has the role of the State evolved from historical conceptions according to the text?
Minimal involvement in social and economic life
What does the emergence of the social welfare concept lead to in democracies as mentioned in the text?
Phenomenal increase in state operations
What is the main difficulty in accepting Davis' definition of administrative agency?
It excludes certain essential non-adjudicative functions.
What aspect does the State focus on, transforming it into a welfare state as per the text?
Providing for every aspect of human life
What led to the State taking over functions previously left to private enterprise as highlighted in the text?
'Social welfare' philosophy
'The modern State takes care of its citizens from 'cradle to grave.' What does this statement imply according to the text?
'Welfare state' policies
'All these developments have widened the scope and ambit of administrative law.' What do these developments refer to in the text?
Increase in 'state activism'
What did Dicey criticize about the French legal system of droit-administratif?
Negation of equality by exempting civil servants from ordinary courts
Why did Dicey believe that enforcing individual rights through the courts of law was more secure than a mere declaration of rights in a document?
Rights declared in a document can be ignored or trampled upon
What did Dicey fear would render a written Constitution meaningless?
Absence of a strong judiciary
How did Dicey describe the role of courts of law in enforcing individual rights?
As guarantors of individual liberties
What was the consequence Dicey feared about defining fundamental rights through a document like a Constitution?
Risk of fundamental rights being abrogated through amendments
What did Dicey assert about any encroachment on the jurisdiction of courts?
It jeopardizes individual rights
According to Dicey, why did he see the administrative authorities' functions as problematic?
'Judicial' functions performed outside a court setting
What did Dicey emphasize regarding judicial decisions in concrete cases and their impact on individual rights?
"Judicial decisions form the basis for fundamental freedoms"
"The Law of the Constitution" emphasizes what aspect according to Dicey?
'Rights are defined and enforced by judicial decisions'
What did Dicey criticize about distinct administrative tribunals for deciding cases between State officials and citizens?
Their exemption of civil servants from ordinary courts
What is the main source of administrative law in the absence of legislation?
Rules, regulations, orders, notifications, etc.
Who is considered the originator of the concept of Rule of Law?
Sir Edward Coke
What did Dicey criticize about the French legal system of droit-administratif?
Presence of separate tribunals for officials and other authorities
According to Maitland, what is the distinction between Constitutional law and Administrative law?
Constitutional law deals with details while Administrative law deals with broader rules.
What is the nature of Keith's view regarding the distinction between Constitutional and Administrative law?
Artificial and based on degree, convenience, and custom
Which term is used to describe a government based on principles of law and not men?
La principe de legalite
What does Administrative Law primarily deal with?
Organization and functions of Government in motion
What does Dicey suggest would be futile if individual rights were merely declared in a statute or Constitution?
Supremacy of law against the executive
According to Hood Phillips, how does Constitutional law differ from Administrative law?
Constitutional law deals with structure while Administrative law deals with function in motion.
What did Kenneth Culp Davis exclude from his definition of Administrative Law according to the text?
'Rule of men'
What critical aspect does the concept of Rule of Law aim to balance?
Rights and Powers of individuals and the state
What does Administrative Law focus on in terms of administrative authorities?
Powers, their exercise, and remedies for abuse
Which part of Constitutional Law does Administrative Law encompass?
Powers and functions of administrative authorities in detail
'Rule of proper law balances the needs of society and the individual.' What attribute does this statement suggest about the rule of law?
'Proper law' over Arbitrary powers
'Rule of law' is generally understood as a doctrine that focuses on what aspect in a free and civil society according to the text?
'Balance' between 'Rights' and 'Powers'
'The execution of social welfare programs may infringe on citizen rights.' What does this statement imply about the role of Administrative Law?
'The role is to reconcile social welfare with individual rights.'
'The social contractualists like Hobbes, Locke, and Rousseau called Rule of Law as Contract law or Natural Law.' How did these thinkers refer to the Rule of Law in their respective theories?
'Natural Law'
What does Wade suggest regarding distinguishing between Constitutional Law and Administrative Law?
There's no clear distinction between them.
What is the primary concern of a comprehensive legislation on administrative law in India according to the text?
Providing uniformity in maintaining procedures and powers for tribunals.
What was the term that Dicey derived from the French phrase la principe de legalite to describe government based on principles of law?
Rule of law
What aspect of society does administrative law aim to develop?
Rule of law based on fairness, reasonableness, and justice
Which constitutional articles are foundational for the principles of administrative law?
Articles 14 and 21
What does administrative law primarily focus on defining about administrative authorities?
Their organization, functions, powers, and duties
Which entities fall under the scope of administrative authorities as mentioned in the text?
Local authorities and public departments
What is the most significant development of the twentieth century according to the text?
Rapid growth of administrative law
According to Ivor Jennings, what is the subject matter of administrative law?
Public administration
What is the primary focus of administrative law according to Davis?
Regulating the rights of private parties
What is the main difficulty with Davis's definition of administrative agency?
It excludes non-adjudicative administrative functions.
According to Wade, what is the primary goal of administrative law?
Controlling the abuse of powers by administrative authorities
What does Griffith and Street identify as one of the aspects dealt with by administrative law?
Control mechanisms for administrative authorities
How does Upendra Bakshi define administrative law?
Control of governmental power abuse
What is the primary concern for Griffith and Street in administrative law?
Controlling administrative authorities
According to Garner, what does Administrative Law relate to?
Courts' recognition of law
What characterizes administrative law as a separate branch of legal discipline?
Its focus on social security and welfare
How has the role of the State evolved in modern times according to the text?
It has shifted from an emphasis on law and order to providing social welfare
What is the primary reason for the rapid growth of administrative law in modern times?
Increase in administrative powers and functions
What defines modern State's approach towards its citizens?
Taking care of citizens from 'cradle to grave'
What significant change occurred in the role of the State in administrative law according to the text?
Transitioning from a minimal government role to a welfare state
What defines administrative law's scope according to the text?
Widening due to state impingement on individuals' lives
Which phrase best captures the essence of modern State's responsibilities towards its citizens?
'Welfare State'
What directly contributed to the emergence of administrative law as a significant area for study and research?
'Cradle to Grave' approach by the State
What motivated the differentiation of administrative law as a separate branch of legal discipline?
Emphasis on ensuring social security and welfare
What is the primary concern when Lord Denning mentions the new powers of the executive?
Achieving Totalitarian State
How can the concept of rule of law be distinguished from 'Rule of man'?
Focus on individual freedoms
What fundamental idea does accountability in governance primarily revolve around?
Justifying exercise of public power
What does the term 'rule of law' entail in terms of the exercise of public power?
Justifying public power through ideals
Why is the enforcement of individual rights emphasized in a system based on the rule of law?
To secure fundamental freedoms adequately
What concept is considered a modern name for natural law in the text?
'Rule of law'
How does the concept of accountability contribute to governmental functions?
By justifying public power as socially just and reasonable
What is the primary focus when considering the doctrine of separation of powers?
Accumulation of power as a safeguard against tyranny
'Rule of law' emphasizes governance based on which principles?
'Rule according to law'
What is the main emphasis of Administrative Law, according to Kenneth Culp Davis?
Controlling the powers of the government
What is the main concern for the development of new norms of Rule of law and judicial review?
Economic growth in disregard of social justice
What does Administrative Law primarily focus on today based on the text?
Facilitating, enabling, and regulating state functions
In the context described, what is the emerging branch of administrative law commonly referred to as?
International Administrative Law
According to the text by Kenneth Culp Davis, what does the study of Administrative Law include?
Administrative rule adjudication
What is the primary concern when reconciling economic growth with social justice in administrative law?
Development of new norms of Rule of law
'Global Administrative Law' pertains to regulations imposed by:
Regional trade organizations
'Rule of proper law balances the needs of society and the individual.' What does this imply according to the text?
'Rule of proper law' aims to create harmony between societal needs and individual rights.
'Rights would be secured more adequately if they were enforceable in the courts of law.' - What did Dicey imply about securing individual rights?
'Rights are best protected through legal enforcement mechanisms.'
'Rule of Law' implies that:
'The government must act within defined legal constraints.'
What is the main source of administrative law in the absence of legislation?
Orders and notifications
According to Maitland, what is the main difference between Constitutional law and Administrative law?
Constitutional law deals with functions at rest, while Administrative law deals with functions in motion
What is the distinction between Constitutional law and Administrative law according to English and American authors?
A distinction of degree, convenience, and custom
In what way does Constitutional law differ from Administrative law according to Hood Phillips?
Constitutional law is concerned with functions at rest, while Administrative law deals with functions in motion
What does Keith remark about distinguishing administrative law from Constitutional law?
'It is logically impossible to distinguish administrative law from Constitutional law.'
What does Davis emphasize as the role of an administrative agency?
'Regulating administrative powers'
According to Maitland, how does Constitutional law differ from Administrative law in terms of focus?
'Constitutional law focuses on structure and functions'
'Nature & Scope' of Administrative Law deals primarily with what aspects?
'Powers & abuses by authorities'
'Administrative process' is considered a necessary evil due to what factor discussed in the text?
'Impact on individual rights'
'Source of fundamental freedoms' in the British Constitutional system as emphasized by Dicey refers to what?
'Rule of Law'
Who is credited with originating the concept of the 'Rule of Law'?
Sir Edward Coke
What did Dicey emphasize as a fundamental aspect of the 'Rule of Law' regarding individuals' subjection to the law?
Equal subjection of all persons to law passed by ordinary legislative organs
How did Dicey explain the concept of 'Rule of Law' in terms of individuals' rights and powers?
Striking a balance between rights and powers
In what sense does the 'Rule of Law' imply the absence of special privileges according to Dicey?
No person should be deprived of office or property except for breach of law established in ordinary legal manner
Which historical concept does the term 'Rule of Law' originate from according to the text?
'Principe de Legalite'
What does the text suggest is a key aspect emphasized by Dicey regarding the rule of law?
Equal subjection to law for all irrespective of status
In Dicey's view, what would jeopardize individual rights according to his opinions on administrative tribunals?
'Rule by Man'
According to Dicey, what role do courts play in safeguarding individual liberties?
'Supremacy of Law'
What aspect does the concept of 'Rule of Law' primarily align with according to Wade?
'Natural Law'
What was Dicey’s primary concern about declaring rights in documents or statutes?
Abrogation and limitation
What was Dicey's main concern regarding the source of fundamental rights being a document?
They could be challenged by the government at any time.
In the context of the English legal system, what did Dicey believe was the role of courts of law in guaranteeing liberty?
To act as guarantors of liberty through common law.
Why did Dicey criticize the French legal system of droit-administratif?
For exempting civil servants from ordinary court jurisdiction.
According to Dicey, what was the consequence of transferring authority from courts to special tribunals?
Negation of equality and the rule of law.
Why did Dicey emphasize the role of judiciary in enforcing individual rights and personal freedoms?
To ensure rights were secure and enforceable.
What did Dicey fear could happen if individual rights were merely declared in a statute or in a Constitution?
Rights could be ignored, curtailed, or trampled upon.
Why did Dicey see transferring authority to distinct administrative tribunals as a threat to individual rights?
It went against the principle of equal subjection to ordinary law.
Which concept does administrative law primarily aim to develop in society?
Rule of law
What is the main focus of administrative law in relation to public administration?
Regulating government operations
What does administrative law primarily deal with, excluding constitutional matters?
Administrative law deals with other powers and the functions of the administrative authorities
What is the primary objective of administrative law according to Ivor Jennings?
Ensuring public administration efficiency
Which legal field does Holland and Maitland suggest that administrative law is a part of?
Constitutional law
What significant development of the twentieth century is highlighted in the text regarding administrative law?
Rapid growth of administrative law
What does the concept of Rule of law primarily emphasize?
Accountability and non-arbitrariness
According to Lord Denning, what happens when the new powers of the executive are abused?
They lead to the Totalitarian State
What is the primary concern of the doctrine of separation of powers according to the text?
Protecting individual freedoms
What does Dicey fear would render the fundamental rights of the people futile?
Accumulation of power in the government
What are the roots of the doctrine of separation of powers?
Concepts of natural law
What is the main objective of Accountability in relation to public power as per the text?
Justifying exercise of public power publicly
Why does the text mention that there is no exact definition for the Rule of Law?
'Rule of Law' is a dynamic and abstract concept
What entities fall under the scope of Administrative Law as mentioned in the text?
All branches of government including administrative agencies
Which aspect of administrative law is emphasized by Garner in his description?
Operationalization of administrative authorities
What is the main concern of Professor Upendra Bakshi regarding administrative law?
Controlling the abuse of power by administrative authorities
According to Griffith and Street, what does administrative law primarily deal with?
Operation and control of administrative authorities
What does Wade primarily relate administrative law to?
Control of governmental power
According to Davis, what is the primary object of administrative law?
Keeping government powers within legal bounds
How does Garner describe administrative law?
Rules recognized by the courts as law and relating to government administration
Which administrative function is NOT characterized as legislative or quasi-judicial according to the text?
Judicial review mechanisms
What aspect is NOT dealt with by the definition provided by Davis?
Legislative powers of code authorities
What is a major aspect that Griffith and Street's definition emphasizes regarding administrative law?
'Judicial and other means' for controlling agencies
What is an unenviable diversity in definitions attribute to?
'Evolutionary desires' for singular attention to aspects of administration
What is the main challenge in distinguishing between Constitutional law and Administrative law according to the text?
The distinction between the two is one of degree, convenience, and custom rather than logic and principle.
According to Maitland, how does Constitutional law differ from Administrative law?
Constitutional Law is concerned with broader rules while Administrative law focuses on the details of government functions.
What does Hood Phillips suggest about the relationship between Constitutional law and Administrative law?
Constitutional law covers government structure while Administrative law deals with functions in motion.
According to Keith, why is it logically impossible to distinguish between Constitutional law and Administrative law?
They are complementary to each other and belong to one family.
In what way does Hood Phillips differentiate Constitutional Law from Administrative Law?
Constitutional Law regulates government structure; Administrative Law governs administrative actions.
What does Lord Denning suggest could result from the abuse of power within the legal system?
A totalitarian state
How does Hood Phillips characterize Constitutional Law?
'Concerned with organization and functions of Government at rest.'
What is Keith's view on distinguishing between Constitutional Law and Administrative Law?
'It is logically impossible due to their interrelated nature.'
How does Hood Phillips differentiate between Constitutional Law and Administrative Law?
'Constitutional Law is concerned with the organization of Government at rest, while Administrative Law focuses on motion.'
What does Maitland suggest about Constitutional law compared to Administrative law?
Constitutional law primarily deals with general principles.
According to Dicey, what does the Rule of Law imply in terms of individuals in a society?
Equal subjection of all classes to ordinary law
What historical concept was 'Rule of Law' derived from as mentioned in the text?
Roman Just Law
What did Sir Edward Coke establish through his battle against the King in James I's reign?
Supremacy of law against the executive
What is the primary focus of 'Rule of Law' as a doctrine of State political morality?
Balancing rights and powers between individuals and the state
According to Davis, what has been a significant barrier to the development of the administrative process?
Doctrine of Separation of Powers
What did Dicey emphasize regarding individuals' subjection under the rule of law in England?
Equal subjection to ordinary law
What does Rule of Law embody as an eternal value according to the text?
'Lingua franca' of global legal thought
'Rule of Law' is considered a basic necessity for what kind of community?
Disciplined and organized community
Why has administrative law been characterized as the most outstanding legal development of the 20th century?
As a result of the growth of administrative powers and functions
According to Dicey, how are rights such as personal liberty, freedom from arrest, and freedom to hold public meetings guaranteed in England?
By judicial decisions in concrete cases
According to Davis, what has been a doctrinal barrier to administrative law development?
Doctrine of Separation of Powers
What distinguishes the modern State from earlier states in terms of administrative responsibilities?
Ensuring social security and welfare for citizens
What did Dicey criticize about the French legal system's treatment of civil servants?
Establishing special tribunals for their cases
What did Dicey see as crucial for upholding individual rights under Administrative Law?
Equality before the law for all classes
What was the role of the State primarily focused on in the era of free enterprise described in the text?
Defending the country from external aggression
What did Dicey fear would happen if the fundamental rights of individuals were primarily based on a document like a Constitution?
They could be abrogated at any time
How does the State function as a 'protector' according to the text?
By looking after the health and morals of the people
What did Dicey emphasize as crucial for securing individual rights and personal freedoms?
Enforcement in courts of law
How did Dicey view the role of courts in the British Constitutional system?
As guarantors of liberty
Why did the laissez-faire doctrine result in human misery according to the text?
Lack of state responsibility for social and economic matters
What does Kenneth Culp Davis define Administrative Law as?
Law concerning the powers and procedures of administrative agencies
What transformation began with the advent of independence in countries described in the text?
Efforts to become welfare states
What does the philosophy of a welfare state, ingrained in Indian Constitution, emphasize according to the text?
State activism and increased governmental control
Why is it challenging to define Administrative Law accurately?
Definitions are both too broad and too narrow in scope
How has state operation expanded according to the text?
By taking over functions previously under private enterprise
What is a key focus of Administrative Law?
Ensuring governmental accountability
'From cradle to grave' signifies that the modern State takes care of its citizens in what way according to the text?
Throughout their entire lives providing various services
What differentiates Administrative Law from Constitutional Law according to the text?
The control of administrative powers
In what way does the development of Global Administrative Law impact the future of administrative law?
It calls for a reevaluation of the reasons for the growth of administrative law
What has resulted in administrative law becoming a major area for study and research?
The growth of state powers in modern times.
What was the viewpoint regarding Administrative Law held by early English writers according to the text?
It was broadly defined without differentiation from Constitutional Law
What aspect does Kenneth Culp Davis exclude from the domain of Administrative Law?
Rule application
What is one concern highlighted by the Law Commission of India in relation to reconciling economic growth with social justice?
Developing new norms of Rule of law and judicial review
What key aspect does Administrative Law primarily focus on according to the text?
Protecting individual rights
What is the primary aim of administrative law according to the text?
To regulate the relationships between the organs of the state
According to Ivor Jennings, what is the subject matter of administrative law?
Public administration
Which constitutional articles influenced the emergence of principles in administrative law?
Articles 14 and 21
What does administrative law primarily deal with besides state organs?
Civil service and public departments
According to Holland and Maitland, how is administrative law related to Constitutional law?
It is an integral part of Constitutional law
What is considered the most significant development of the twentieth century in administrative law?
The rapid growth of administrative law
What does the text imply about the role of the State in the 20th century?
It expanded to include social welfare and economic regulation.
Which statement accurately describes the growth of administrative law according to the text?
It has become more articulate and definite in the 20th century.
What is the primary focus of administrative law as described in the text?
Regulating social welfare and industrial relations.
How has the philosophy of the State changed from previous centuries to the 20th century according to the text?
It shifted towards ensuring social security and welfare.
Why is administrative law considered a major area for study and research based on the text?
As a result of the rapid growth of administrative powers and functions.
What prompted the transformation of the State into a welfare state?
The emergence of social welfare philosophy.
In what manner has administrative law evolved in modern times based on the text?
Through an increase in state operation and taking over private functions.
What characterizes the growth of administrative law according to the text?
'More articulate and definite' development in modern times.
Why has administrative law become a separate branch of legal discipline in India?
'As a result of expanding state functions.'
What did the Law Commission of India emphasize as particularly significant in a welfare state?
Enforcement of the Rule of law and Judicial review
According to Kenneth Culp Davis, what does Administrative Law primarily concern?
Governmental accountability
What major development is the emergence of Global Administrative Law a response to?
Globalization and liberalization policies
How did early English writers differ in their treatment of Administrative law compared to Constitutional law?
They considered them synonymous
What did Professor Upendra Bakshi believe was the main emphasis of Administrative Law?
Ensuring individual rights
What is Davis's view on the domain of Administrative Law?
Pertaining to governmental powers and procedures
In what way do new norms of Rule of law and judicial review aim to reconcile economic growth with social justice?
By protecting fundamental rights
'Functional Formulations' in administrative law primarily serve as what for future actions?
'Functional Formulations' form rules for future actions
'The main object of this law is to protect individual rights.' Which aspect is emphasized by this definition of Administrative Law?
Protecting individual liberties
What did early English writers fail to differentiate between in their treatment of legal disciplines?
Administrative Law and Constitutional Law
According to Griffith and Street, how many aspects does administrative law deal with?
Four aspects
What is Professor Upendra Bakshi's emphasis in his definition of administrative law?
Protection of individual rights
What is Wade's primary relation of administrative law?
Control of governmental power
What did Professor Upendra Bakshi define administrative law as?
A protection for citizens' rights
According to Davis, what is an administrative agency according to his definition?
A governmental authority affecting private parties
What is Wade's definition of administrative law related to?
Control of governmental power
What aspect does Wade's definition primarily focus on?
Governmental power control
What is the main object of administrative law according to Wade?
To keep government powers within legal bounds
What does the definition provided by Griffith and Street emphasize regarding administrative law?
Operation and regulation of administrative authorities
What is the key concern raised in discussing the difficulty with Davis' definition according to the text?
Inclusion of non-adjudicative functions
What is the main source of administrative law in India in the absence of legislations?
Rules and regulations
Which legislation provides for the establishment of national tribunals, industrial tribunals, and labour courts in India?
The Industrial Disputes Act, 1947
What does Maitland suggest is the primary difference between Constitutional law and Administrative law?
Constitutional law deals with structure while Administrative law deals with functions
What does Hood Phillips compare Constitutional law to when discussing its relationship with Administrative law?
Organization of Government at rest
According to Keith, what is his opinion on the distinction between Constitutional law and Administrative law?
"Logically impossible"
What does Administrative Law primarily deal with according to the text?
Powers of administrative authorities
How does Constitutional law differ from Administrative law with regard to civil servants?
Constitutional law focuses on their status, Administrative law on organization
What is the main concern of Administrative Law in terms of administrative authorities' powers?
How the powers are exercised
'What constitutes a necessary evil in all progressive societies?' refers to:
"The administrative process"
'Reconciling social welfare with individual rights' is a challenge faced by:
"Welfare states"
What does administrative law primarily concern according to Ivor Jennings?
Civil service matters
Why is administrative law considered a branch of public law?
As it deals with principles of public administration
What is the main focus of administrative law according to Holland and Maitland?
Rule of law society development
What does Wade emphasize in his definition of administrative law?
Balancing powers among the state organs
What is considered the main concern for the development of a rule of law society according to the text?
Ensuring fairness, reasonableness, and justice
What is the primary object of administrative law according to Kenneth Culp Davis?
Protecting individual rights
What did Lord Denning suggest would happen if the new powers of the executive are abused?
The rise of the Totalitarian State
What is the primary purpose of administrative law?
To govern the structure and functions of administrative organs
What foundational concept does the rule of law emphasize?
Protection of individual rights
In the context of administrative law, what does the rule of law imply?
The law governs public power
Why is the doctrine of separation of powers considered essential according to the text?
To protect individual rights effectively
How does the rule of law differ from a mere existence of laws?
It emphasizes equality and accountability
What key aspect does administrative law primarily aim to control?
Executive overreach
What foundational idea does the rule of law represent?
Principles of freedom and equality
What does the concept of accountability necessitate according to the text?
Public justification by holders of public power
How does the rule of law differ from 'Rule according to law'?
Rule according to law lacks principles like freedom and equality
According to Dicey, what is the fundamental implication of the rule of law regarding government officials and individuals?
All persons must be subjected to ordinary courts of law regardless of status
What historical ideal does the concept of the rule of law evoke, as mentioned in the text?
Ruled by law, not powerful individuals
Sir Edward Coke successfully established the supremacy of law against the executive by arguing that the King should be under:
God and the Law
What does Dicey's concept of Rule of Law imply regarding separate tribunals or special courts for government officials?
All persons should be subject to one and the same law
What does Dicey view as a crucial aspect of the rule of law in England?
Equal subjection to ordinary law for all classes
What distinguishes 'Rule of Law' from arbitrary powers?
'Rule of Law' is based on principles of law, not of men
What is the main goal behind infusing law with moral qualities as per the text?
To maintain a correct balance between rights and powers
'Rule of proper law balances the needs of society with individuals.' This statement highlights the importance of:
'Rule of Law'
What is the primary aim of Administrative Law according to Kenneth Culp Davis?
Ensuring governmental accountability
'Rule of Law' is often associated with what aspect of governance?
'Rule by law, not powerful individuals'
What distinguishes Administrative Law from Constitutional Law according to the text?
Control of government powers
Which function does NOT characterize administrative agencies according to the text?
Enforcement
'Rule of Law' can be traced back to historical concepts like 'Law of God'. This indicates a focus on:
'Law under God'
What does the concept of 'Global Administrative Law' primarily focus on?
Influencing domestic administrative practices
What is a common challenge in defining Administrative Law according to the text?
Demarcating its scope and nature
Which aspect do some jurists emphasize as the main objective of Administrative Law?
Controlling government powers
What is a defining feature of modern administrative law compared to traditional legal concepts?
Incorporating functional formulations
'Global Administrative Law' primarily refers to the guidelines imposed by which international organization?
WTO
What did Early English writers fail to distinguish between in their attempts to define Administrative Law?
Administrative Law and Public Administration
What does Kenneth Culp Davis include in his study of Administrative Law?
Rule adjudication and rulemaking by agencies
What did Dicey emphasize as the source of fundamental freedoms of the people in the British Constitutional system?
Common law
What is a distinguishing feature of administrative law in India by the middle of the 20th century?
Regulated industrial relations
According to Dicey, what was the consequence of the French legal system's distinct administrative tribunals for civil servants?
Negation of equality
Which aspect characterizes the evolution of administrative law in the 20th century according to the text?
Distinct recognition as a branch of public law
What was the primary change in the philosophy of the State from earlier times to the modern State?
Transition to a welfare state
What did Dicey fear would happen if individual rights were merely declared in a statute or Constitution without enforceability?
Rights will be meaningless and unenforceable
What is the consequence of the laissez faire doctrine prevalent in earlier times?
Resulted in human misery
What did Dicey believe would jeopardize individual rights according to his views on the role of judiciary?
Encroachment on court jurisdiction
In Dicey's view, what was the role of courts of law in guaranteeing liberty and enforcing individual rights?
Enforcing fundamental freedoms
Which function was NOT traditionally associated with the State in earlier times?
Industrial regulation
Why did Dicey criticize the French legal system's droit-administratif according to his views on judicial functions?
For negating the principle of rule of law
What aspect of the modern State reflects its approach towards governance and social welfare?
'Cradle to grave' care for citizens
What did Dicey regard as a consequence of transferring authority away from courts and limiting subjects' access to them?
Jeopardizing individual rights
How has administrative law evolved in terms of its scope and impact on individuals' lives?
'Widened' scope and impinges deeply on individuals' lives
Why was Dicey concerned about fundamental rights being based on any document, as mentioned in the text?
To protect against arbitrary abrogation
What term can be used to describe the 20th century's administrative law development according to the text?
'Phenomenal increase'
How did Dicey differentiate the source of rights in England compared to many other countries with written Constitutions?
Defined through common law rather than written Constitution
What category does NOT align with the functions of a modern State as outlined in the text?
'Minimizing government responsibility'
What does Wade consider as a major drawback of defining administrative law?
Neglect of the substantive law produced by administrative agencies
How does the emergence of social welfare concepts impact democracy according to the text?
'Increase state activism'
According to Davis, what aspect is a difficulty in accepting the definition of an administrative agency?
Non-adjudicative functions
What was Dicey's primary concern regarding mere declarations of rights in documents like statutes or Constitutions?
Potential abrogation or curtailment through amendments
What does Griffith and Street emphasize about the operation of administrative law?
Operation and control of administrative authorities
Why do Administrative Law specialists struggle to provide a universally accepted definition according to the text?
Overemphasis on one particular aspect
What is the primary concern addressed by Professor Upendra Bakshi in defining Administrative Law?
Protection of individual rights
How does Garner describe the focus of Administrative Law according to his approach?
Recognizing rules related to government administration
What is the primary objective of Administrative Law according to Wade's definition?
Keeping government powers within legal bounds
According to Davis, what is excluded from his definition of an administrative agency?
'Judicial body' authority
'The main object of this law is to protect individual rights.' What aspect is emphasized by this definition of Administrative Law?
'Control of authorities through judicial means'
What does Davis believe is a major drawback in defining an administrative agency according to his perspective?
Emphasis on non-adjudicative functions
What is the main source of administrative law in India, in the absence of specific legislation?
Rules, regulations, orders, notifications
Which concept aims at protecting the life, liberty, and dignity of the individual by diminishing arbitrary power?
Rule of Law
According to Maitland, how does Constitutional law differ from Administrative law?
Both areas have the same sources
What is the fundamental idea behind the concept of accountability in governance?
To justify the exercise of public power legally
What does Dicey's concept of 'Rule of Law' primarily emphasize?
Equality before the law
What is the distinction between Constitutional law and Administrative law according to Keith?
There is no fundamental distinction between the two
How does Lord Denning suggest the executive's new powers can lead to a Totalitarian State?
By abusing their powers
In what way does Hood Phillips describe the relationship between Constitutional law and Administrative law?
Constitutional law regulates government in motion
What is the primary focus of Administrative law concerning governmental functions?
Details of government functions
What is the main distinction between the 'Rule of Law' and 'Rule according to law' according to the text?
The concept of arbitrary versus just exercise of power
How does the concept of the 'rule of law' differ from 'Rule of man'?
It emphasizes freedom and equality over arbitrary decisions
How does Davis describe an administrative agency?
An entity with administrative powers and responsibilities
What is the underlying idea behind the Rule of Law concept according to the text?
'Law rules', ensuring accountability and non-arbitrariness
What is the nature of Administrative Law according to its scope?
It concerns administrative authorities' powers and their exercise
How does Wade relate Administrative Law to Constitutional Law?
'Administrative Law is a subset of Constitutional Law'
What is the primary focus when considering the doctrine of separation of powers as per the text?
Protecting individual rights through balanced powers
'The actual problem is to reconcile social welfare with the rights of individual subjects.' What does this statement imply about the challenge discussed in the text?
'Individual rights sometimes conflict with social welfare objectives'
'Rule according to law' differs from 'Rule according to man' in that it emphasizes:
'Law rules' based on principles of freedom and equality
What is the critical aim behind the principle of accountability in governance?
To justify public power:
'Administrative Law deals with powers of administrative authorities, their exercise, and available remedies for abuses.' What aspect is highlighted by this definition?
'The protection of individuals against misuse of administrative powers'
What did Dicey believe was the consequence if fundamental rights were based on any document or statute?
They could be abrogated at any time
According to Dicey, the rule of law implies:
Equal subjection of all classes to the ordinary law of the land
How did Dicey view the French legal system's provision of special tribunals for officials?
He saw it as a negation of equality before the law
What concept is considered the basis for administrative law according to Jain and Jain?
Doctrine of Separation of Powers
Which term does Dicey use to describe the principle of equality before the law?
Equal Subjection
Why did Dicey argue against the exemption of civil servants from ordinary courts?
To ensure equal treatment under the law
Which aspect of Dicey's principles emphasizes the importance of courts in enforcing individual rights?
Predominance of legal spirit
The concept of 'Rule of Law' is understood as a doctrine of:
State political morality
What is the primary doctrinal barrier mentioned by Davis that hindered the development of administrative law?
'Separation of Powers' theory
What did Dicey fear would jeopardize individual rights according to his principles?
Amendment of the Constitution
How did Dicey distinguish the British legal system regarding individual rights from other countries with written Constitutions?
By highlighting judicial decisions as the basis for rights
What was Sir Edward Coke's role in establishing the doctrine of Rule of Law?
He originated the concept asserting King's subjection to God and Law
What does the principle enunciated by Dicey regarding the rule of law imply?
'Equal Subjection' of all classes to ordinary law
According to Dicey, what was the role of courts in securing liberties and freedoms?
To guarantee liberty more adequately than mere declarations
Why did Dicey criticize the French legal system's droit-administratif approach?
For its emphasis on judicial functions by administrative authorities
'Rule of law' is derived from which French phrase?
'Principe de Legalite'
Which part of Dicey's principles focuses on the consequences of individual rights defined and enforced by courts?
Source of fundamental freedoms
'Rule of Law' embodies which doctrine according to the text?
'Supremacy of Law'
'Rule of proper law balances the needs of society and the individual.' What attributes contribute to this balance?
'Freedom, Justice, Equality, and Accountability'
What did Dicey fear would happen if administrative authorities were exempt from ordinary courts?
Negation of equality before the law
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