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The Rise of Administrative States





Adv. Fathima Ibrahim & Adv. Adhil. P


“Administrative law is the most outstanding legal development of the twentieth century”1


ABSTRACT


Administrative law is said to be the branch of public law which is anti-authoritarian and is the ‘Dharma’ of the administration. It strives to develop a society based on the rules of fairness, reasonableness and justness. Though the development of the administrative law has been significantly noticed from the 20th century, it does not intend that there was no administrative law before 20th century, this branch is as ancient as the administration itself because it governs and is applied by, the executive branch of Government. Administrative law is necessary for an organized administration. The seeds of administrative law can be traced out in the well-organized and centralized administration during the Mauryas and Guptas, which dates back several centuries before the Christ. It was then followed by the rule of Mughals and then succeeded by the administration under the East India Company. Thus it is judicial to say that, administrative law has grown tremendously and developed in quality and quantity during the 20th century, where it molded itself to a developed system in democratic countries. As the government’s functions have multiplied by leaps and bounds, today, the state is more than just a police state with sovereign powers; it is also a progressive democratic state, it aims to make certain social security and social welfare for the common man, regulates industrial relations, exercises authority over production, manufacture and distribution of essential commodities, tries to achieve equality for its subject. This development was significant enough that it distinguished itself from Constitutional law and got identity as a branch of public law. In the modern era, administrative law is a fit subject matter for independent study and investigation. This article makes an attempt to analyze the evolution and development of administrative law in countries including UK, US and India. It also ponders to understand the reasons and significance for the growth of administrative law as a separate branch of law.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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