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Administrative Law As A Judge Made Law: Strengths And Weakness




Kanishka Agrawal, Hidayatullah National Law University, Raipur

ABSTRACT

The roots of Administrative Law in India can be traced back to the integrated and well-structured administration system carried on by the Guptas and the Mauryas to the well-thought administrative system of the British. But in the twentieth century, it grew more distinct and identifiable and is now recognized as a branch of public law. It is regarded as one of the most significant legal developments of the 20th century, despite the fact that it existed in some form in every country with a government as it deals with public administration. The powers and functions of the government present in a country are dealt in by administrative law. It is a legal framework within which public administration is carried out by the administrative agencies of the government. It is wholly a judge-made law with all the strengths and weaknesses of judicial law-making. This article aims to discuss these strengths and weaknesses with special reference to the tussle between executive arbitrariness and judicial arbitrariness inherent in judicial review.

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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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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