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Importance of Administrative Law Is Growing - Reasons

There are several reasons and factors which are responsible for the growth of This new branch of law. Some of the reasons and factors are responsible for the rapid growth of Administrative law in 20th century.

Importance of Administrative Law Is Growing

Image Credits © John Althouse Cohen

square 1. Changed relations of Authorities and Citizens

It can be seen from the present set up of the Administration that relations of the public authorities with the citizens have been deeply changed. Citizens were not directly involved in the administration in the earlier days. They were some what isolated from the sphere of Administration. There was a wide gap between the Administrative organs and the then citizens. This is not the case today. Today in most of the states there is a democratic Administration of either type. It is therefore, the association of the people is found to be integral. The citizens are closely assolated with the state Administration. In view of these changing relations, the basic structure of the legal set up needs to be rearranged. The Administrative law, has therefore, developed.

square 2. Origin of Welfare State Concept

During the period of 19th and 20th Century the concept of state was developed. According to the doctrine of welfare the basic objective of the State Administration is to achieve maximum Welfare of the masses. Each and every policy of the state should aim at maximum welfare of the people. It obviously added to the functions of state. The theory of increasing functions of the state has been accepted by almost all. Increase in functions of the states created several problems and complications. It was, therefore, thought necessary to solve the problems to enact separate Branch of Law and hence the branch known as the Administrative Law has been developed.

square 3. Inadequacy of the Legislations

At present there are several drawbacks in the present Legislations. It would have been, therefore, found very difficult to accommodate the new Administrative machinery in the existing legislations. In order to meet the expanding needs of changed social, economic characterised problems, the new branch of law, i.e. Administrative Law was necessary.

square 4. Inadequacy of Courts

As it is quite known to us that the present courts are overburdened with the huge work, it is almost impossible for the present set of courts to solve the ever crowded problems of Administration along with its own. It is therefore, proposed that there should be separate Branch of Law for the problems of Administration and hence this new Branch has been developed.

square 5. Technical Experts are with Administrative Organs

At present all the technical experts are with the Administrative organs. In case it is attempted to shift the legal job of Administration to the present judiciary and the present legislations, the same will be handicapped due to lack of technical knowledge.

Thus in order to utilise and use the talent of the technical experts which are at present with the Administrative organs it is really wise creating new and co-ordinating branch of law i.e. Administraive law.

And Lastly, we can say that they act as an impartial arbitrator, and hence there is a need of separate Administrative Law.

square 6. Union of both Administrative & Judicial Function

As per the Principle of separation of powers these organs of Administration have been proposed and created. The Executive, the Legislative and Judiciary are these three organs which are functioning separately. But in order to co-ordinate both Administrative Law for Administrative Organs.

square 7. The Judicial System Proved Inadequate

To decide and settle all the disputes. It was slow, costly inexpert, complex and formalistic. It was already over-burndened, and it was not possible to expect speedy disposal of even very important matters. e.g. Disputes between employers and employees, lock-outs, strikes etc. Therefore industrial tribunals and labour courts were established which possessed the techniques and experts to handle these complex problems.

square Final Glance

In simple words, the reason behind the growing importance of Administrative law is the assumption by the Administrative authorities of very wide powers including legislative and judicial which was the result of the social welfare state. Since Administrative law is primarily concerned with the control over the exercise of their powers, i.e. to prevent Administrative authorites from abuse and misuse of powers, it has become a subject of growing interest.

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