istrative Law Assignment 395f73

istrative Law

Dicey's Criticism on Driot istratif Written by: Firasat Rizwana Siddiqui

Dicey's Criticism on Driot istratif Driot istratif is an istrative Law System, which was following in French Law. Driot istratif or French istrative Law were codes or rules that were statute to determine the powers, roles, duties and organization of Public istration that includes istrative agencies and officials. The laws also regulated the relations of general citizens of the state and the istration of the state. Driot istratif was the part of Civil Law System called Inquisitorial System, (derived from Napoleonic Code), where court or the part of court is actively involved in investigating the facts of cases. It was widely believed that it did not represent the principle and rules lay down by the French parliament but contained the codified rules and laws developed by the judges of the istrative courts. Dicey has been one of the biggest critics of Driot istratif. He wrote, "Driot istratif is, in its content, utterly unlike any branch of modern English Law. For the term Driot istratif, English Legal phraseology supplies no proper equivalent… In England and in countries which, like United States, derive their civilization from English sources, the system of istrative law and the very principles upon which it rests, are in truth unknown."

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Dicey has been a firm believer in the ideology of "Rule of Law", he strongly maintained that rules and laws should be through "Supreme Legislature" which is "regulated by understanding of which the object is to secure the conformity of the parliament to the will of the nation."

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he

istrative Law and Driot istratif – A Comparative Study with " 1 Instructive Model" – C. Sumner Lobingier Introduction to the Study of the Law of the Constitution – A.V. Dicey 2

criticized the system of Driot istratif because there were separate istrative tribunals for deciding the cases between the government and the citizens. He maintained that "equality before the law" and "the equal subjections of all classes to the ordinary law " is the most significant point in the "rule of law".

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He debated on the fact that it is uncommon

and unknown in law of England that there should be separate bodies to deal with the disputes in which government is concerned and to keep such matters out of the sight of common law. But Dicey was factually wrong in his analysis. When he talked about the equality before law, he ignored the maxim "the kind can do no wrong" through which the privileges and immunities the crown and other government personal enjoys. Dicey was initially, like the English people, reluctant to adopt that French mechanism of istrative law. The misunderstood the actual nature to the French istrative system and get the wrong impression about system that it was designed to protect the officials from the liability of their acts. He ignored the fact the Driot istratif is more effective in many aspects in controlling the istrative businesses of the states and citizens than the common law system.

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Although Dicey reluctantly recognized the emergence of istrative Law in England, but he stressed, that "as long as the courts dealt with a breach of law by an official, there could be no Driot istratif in England and the rule of law would be preserved. The Dicey's concept of "Rule of Law" and its impact on istrative Law in England has its advantages and disadvantages, "equality before law" goes hand in hand with the a proper mechanism of istrative law. Although, one can't complete eliminate the unrestricted powers or inequality in istrative law, but rule of law alone can't control or facilitate the needs of modern istrative Law. In modern era, there is dissatisfaction now with the Dicey's theory on Driot istratif, as a mere court review or judgment Ibid 3 Principles of istrative Law , A Comparative Study – Hamid Khan 4

can be an effective in controlling the activities of istration effectively and some codified istrative law is necessary to be incorporated within the common law system.