Answer: AV Dicey, an influential legal scholar, provided a foundational understanding of administrative law with his concept of the “rule of law.” However, the journey of administrative law has indeed moved far beyond Dicey’s ideas and has evolved significantly over time. Here are some key developments that illustrate this progression:
- Expansion of Administrative Agencies: Administrative law has had to adapt to the growth and increasing complexity of administrative agencies. The scope of administrative law now extends to various regulatory bodies, commissions, and administrative tribunals, which play a crucial role in governing specific sectors and addressing specialized issues.
- Procedural Fairness and Due Process: Administrative law has evolved to emphasize the importance of procedural fairness and due process rights in administrative decision- making.
- Judicial Review and Administrative Discretion: The development of judicial review has been a significant advancement in administrative law. Courts now play a vital role in reviewing administrative decisions, ensuring they are lawful, reasonable, and fair.
- Human Rights and Administrative Law: The recognition and protection of human rights have become integral to administrative law. International human rights norms and domestic constitutional provisions shape administrative decision-making, requiring administrators to consider and safeguard fundamental rights and freedoms.
- Accountability and Transparency: Administrative law has increasingly emphasized the principles of accountability and transparency in governance. Public agencies are now expected to provide reasons for their decisions, disclose relevant information, and engage in public consultation and participation in policy-making processes.
- Alternative Dispute Resolution: Administrative law has embraced alternative dispute resolution mechanisms, such as mediation and negotiation, as alternatives to formal litigation.
- Administrative Law and Regulatory Impact: The focus of administrative law has expanded to consider the impact and effectiveness of regulatory actions. Regulatory impact assessments, cost-benefit analysis, and performance evaluation have become important tools to ensure that administrative decisions are based on evidence, proportionality, and the public interest.
These developments highlight the dynamic nature of administrative law, responding to societal changes, emerging legal principles, and evolving governance practices. Administrative law has moved beyond AV Dicey’s conceptualization, embracing a more comprehensive framework that addresses the challenges and complexities of modern administrative decision-making.
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| About the Author: Nitin Kumar Singh |