COURSE DESCRIPTION
The course is designed to enable candidates to acquire not
only the basic Concepts and functions of administrative bodies and systems but
also the basic constitutional principles underpinning such bodies and systems
including the use of administrative powers and limits thereof.
The course examines the development and operation of non-judicial review
and grievance mechanisms, including merits review tribunals (in particular, the
Administrative Appeals Tribunal and the Administrative Decisions Tribunal) and
the Ombudsman. The course also examines the development and operation of
judicial review of administrative decisions under the common law and statutory
review mechanisms, in addition to examining access to information through the
provision of reasons for decision.
LEARNING OUTCOMES
After successful completion of this course, students will be able to:
- Understand
the nature and role of administrative law.
- Understand
the basis and importance of administrative powers in governance.
- Gain
knowledge on the limit in the use of administrative powers.
- Gain knowledge
of the Principles of Natural Justice, Application and Non Application of
Natural Justice.
- Learn
different means of controlling administrative actions.
- Learn
different remedies available for the breach of administrative powers
COURSE CONTENT
- Nature and
functions of Administrative law;
- Basic
Constitutional principles- pillars of the state, the rule of law, separation of
powers ministerial responsibility;
- Legislative
powers of administration;
- Control of
Administrative Bodies and the principles of natural justice, judicial remedies
- Administrative
Adjudication;
- Challenges
and prospects in the application of administrative Law.
COMPULSORY READING MATERIALS
- Bakshi
P M, The Constitution of India: Selective comments, Universal Law publishing
LTD.
- Brazier R,
S De Smith, Constitutional and Administrative Law, By, Paperback Penguin
- Craig P P, (2004).
Administrative Law (3rd Edition). Universal Law Publishing. New Delhi
- Garner,
J.F. (1970). Administrative Law. Butterworths,.
OPTIONAL READING MATERIALS
- Granville
Austin, Working a Democratic Constitution The Indian Experience, 2000 OUP
- Halsbury’s
Laws of India, Volume 1, Administrative Law, LexisNexis Butterworth, New Delhi
2004
- Mahendra P. Singh (2001). German Administrative Law in Common Law
Perspe