Donald Elliott, Re-Inventing Rulemaking, 41 Duke L. The International Development Law Organization has a holistic definition of the rule of law: More than a matter of due process, the rule of law is an enabler of justice and development. Edited by Kudrat Agrawal Olga Tellis v. This concept of the rule of law has been codified in the Indian Constitution under Article 14 and the Universal Declaration of Human Rights under the preamble and Article 7. Dicey and his theory on the rule of law remains the most popular.
Strauss, The Place of Agencies in Government: Separation of Powers and the Fourth Branch, 84 Colum. The questions are what is the legal limit of power or reasonable limit of discretion the law has conferred on the official? It ensures adherence to principles that both liberate and protect. . The Supreme Court declared Article 329-A as invalid, since it was clearly applicable only to the then current prime minister and was an amendment to benefit only one individual. Nobody is above the law. The answer of the majority of the bench was in negative for the question of law. Objective of Paper: In this paper I am going to critically examine the pros and cons of modern administrative law in terms of balance of efficiency and bureaucracy.
All those with legally delegated authority must exercise their own independent legal judgment; as a result, administrative action will represent the views of many actors, and accountability cannot be confined to the officials at the peak of the institutional hierarchy. Then came the Liberalist and Federalist approaches to Rule of Law. Close formal adjudication, 110 110 Id. In what way do they ground arguments for an account of that law? Both significantly serve to describe the concept of administrative law, and to act as normative i. Close These scholars conceive of the rule of law in terms of distinctive virtues of judicial or legislative decision and find that administrative institutions pose a problem.
Formalists hold that the law must be prospective, well-known, and have characteristics of generality, equality, and certainty. For example, Rowlatt Act of 1918 which was passed by British Colonisers in British India was a tyrannical law. Over time, the Constitution has been interpreted by the judiciary in a manner so as to afford a liberal interpretation to the principle. The fact that agencies only have authority that has been delegated to them suggests the critical importance of the principle that official action be authorized. All these tribunals are setup and appointments are made by the president.
Justification provides protection against arbitrariness; part of what defines arbitrary action is action that is not justified. Close The focus on decisional allocation thus maintains that Congress, in delegating authority, may make a meaningful choice among delegates, including granting power to the President, but also to other officials. It gradually developed in Rome to include negative traditions as well. The Supreme Court in the case Union of India v. § 604 2012 , published in the Federal Register. Rule of Law as has been discussed postulates control on power. I am grateful to John Manning, Margaret Lemos, Larry May, Max Minzner, Alex Reinert, Edward Rubin, Christopher Serkin, and Ganesh Sitaraman for suggestions and discussion as well as to the other participants in the Harold Leventhal Memorial Symposium at Columbia Law School in honor of Professor Peter L.
Nor does it deny that there are relevant differences between the weight of presidential priorities for executive and independent agencies. You shall not favor the wretched and you shall not defer to the rich. It is further maintained that in England and other countries the concept of Rule of Law is undergoing degeneration because many issues of judicial and quasi-judicial nature are being decided not by ordinary courts but by administrative tribunals and sometimes even by ministers acting in a semi- judicial capacity. Law presents itself as a system in which norms fit together. But the structure of that review should reflect, not contradict, the underlying place of the agency within government.
This specification could be seen as founded on a more general rule-of-law principle for administrative government: that the shape of ultra vires review should reflect the underlying legal allocation of authority, such that independent review may still involve respectful consideration of the views of those delegated power in the first instance. Acting within the scope of legal authorization is too basic to government under law to evade independent judicial review. The Election Commission of India, a constitutional body has also been undertaking the task of ensuring free and fair elections with some degree of efficiency. The principles of publicity, clarity, consistency, prospectivity, and stability are among the most important of these values. The Constitution of India intended for India to be a country governed by the rule of law. § 557 requiring decider to state reasons for decision.
§ 555 e stating brief statement of grounds of denial is necessary and self-explanatory. Under our Constitution, the Rule of Law pervades over the entire field of administration and every organ of the state is regulated by Rule of Law. In the case of S. Ewing and Adam Tomkins eds , Sceptical Essays on Human Rights Oxford: Oxford University Press, 2001 , p. Finally, the agencies have much less procedural limitations in its guidance actions, where the agencies can issue interpretive rulings or guidance letters explaining its stance on certain rules, etc, but without the force of law.