Administrative Law: Codified V. Uncodified?

Kartikay Singhal, Jindal Global Law School

Joshua Joseph, Jindal Global Law School

Arman Mulla, Jindal Global Law School

ABSTRACT:

The Codification of Administrative Laws has always been a debated topic. Many common law countries like England have opted to establish an uncodified form, while Civil Law countries like France and the United States have codified the entire process. This paper examines administrative law in India, the United States, and the United Kingdom. It compares common law and civil law systems and discusses the evolution of administrative law in the US, highlighting landmark cases and the concept of judicial review. In the UK, administrative procedural law is based on common law statutes. The core concepts of UK administrative law, including the rule of law and procedural fairness, are explored, along with challenges such as fragmentation and limited reach. The paper concludes by proposing a hybrid administrative law system for India, combining common law and codified law principles through an Administrative Law Legal Code. This code would establish basic principles, guidelines for delegated legislation, and discretionary power for the court to adapt to specific circumstances.