Administrative law is an area of law that deals with the activities of administrative agencies, which are bodies of the government responsible for the implementation of laws and policies. In recent years, administrative law has grown significantly, with administrative agencies playing a larger role in governing society.
So, What are the Reasons for the Growth of Administrative Law?
The Changing Role of the State
One of the primary reasons for the growth of administrative law is the changing role of the state. In the past, the state’s role was limited to maintaining law and order and providing social welfare. However, in recent years, the state has adopted a more positive policy and has undertaken to perform varied functions. As a welfare state, the government has expanded its scope to provide education, healthcare, and other services to citizens.
Inadequacies of the Judicial System
Another reason for the growth of administrative law is the inadequacy of the judicial system. The judicial system is slow, costly, inept, complex, and formalistic. It was overburdened and could not provide speedy disposal of even important matters. In addition, important problems could not be solved by merely interpreting the provisions of some statutes.
Instead, it required the consideration of various other factors, which could not be done by the ordinary courts of law. Therefore, industrial tribunals and labor courts were established, which possessed the techniques and expertise to handle these complex problems.
Inadequacies of the Legislative Process
The legislative process was also inadequate. It had no time and technique to deal with all the details. It couldn’t lay down detailed rules and procedures and even when detailed provisions were laid down by the legislature, they were found to be defective and inadequate. Therefore, it was necessary to delegate some powers to the administrative authorities.
Scope for Experiments in Administrative Process
One of the advantages of administrative law is that it provides scope for experiments in the administrative process. Unlike legislation, it is not necessary to continue a rule until the commencement of the next session of the legislature. Instead, a rule can be made and tried for some time and if it is defective, it can be altered or modified within a short period. Thus, legislation is rigid, while the administrative process is flexible.
Avoidance of Technicalities
Administrative law represents a functional rather than a theoretical and legislative approach. The traditional judiciary is conservative, rigid, and technical. Courts can’t decide cases without formality and technicality. Administrative tribunals are not bound by rules of evidence and procedure and they can take a practical view of the matter to decide complex problems.
Preventive Measures
Administrative authorities can take preventive measures, unlike regular courts of law. They do not have to wait for parties to come before them with disputes. In many cases, these preventive actions may prove to be more effective and useful than punishing a person after he has committed a breach of law. Inspection and grading of meat, for example, answer the consumer’s need more adequately than does a right to sue the seller after the consumer is injured.
Effective Enforcement
Administrative authorities can take effective steps to enforce the aforesaid preventive measures, such as suspension, revocation, cancellation of licenses, destruction of contaminated articles, etc., which are not generally available through regular courts of law.
Conclusion
Administrative law has witnessed tremendous growth over the years. Reasons for the growth of Administrative Law include the changes in the philosophy of the state’s role, inadequacies of the judicial and legislative processes, the need for flexibility, and the ability of administrative authorities to take preventive measures and enforce them effectively.
While administrative law has its advantages, it also has its challenges, such as the lack of transparency, accountability, and the possibility of abuse of power. However, with the right balance of power and effective regulation, administrative law can continue to grow and serve the needs of society.