Open Access Research Article
DROIT ADMINISTATIF BY: GOKUL SRINIVASAN. T
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DROIT ADMINISTATIF
AUTHORED BY: GOKUL SRINIVASAN. T,
SCHOOL OF EXCELLENCE IN LAW, TNDALU,
III YEAR, B.A.LL.B.(HONS.),
EMAIL ID: gokulsrinivasan460@gmail.com
CONTACT: 7904092933
ABSTRACT:
Administrative
law is concerned with how the executive branch's administrative agencies make
decisions in areas including foreign trade, manufacturing, the environment,
taxation, broadcasting, immigration, and transportation. The 20th century saw
significant growth in administrative law as governments all over the world
established more institutions to control social, economic, and political
interactions. Countries with a civil law system frequently have specialist
administrative tribunals that examine these judgments. In the past fifty years,
many nations with a civil law tradition have allowed the rules imposed by
supranational legal orders, in which judicial principles play a significant
role, to have an impact on administrative law. This has resulted in changes to
some traditional concepts of the administrative law model, such as what
happened with public procurements or judicial control of administrative
activity, and it has also led to the development of a supranational or
international. The principle of droit administratif is a fundamental
concept in French administrative law that governs the relationship between the
government and its citizens. This principle emphasizes the importance of
protecting individual rights and interests from abuses of power by government
authorities. A study on the principle of droit administratif explores the
historical development of this concept and its application in contemporary
administrative law. The study examines the various legal frameworks and
institutions that have been established to ensure the protection of individual
rights, such as administrative courts and the Conseil d'Etat.The study also
analyzes the different approaches to implementing the principle of droit
administratif in practice, such as the use of administrative discretion and the
delegation of powers to administrative agencies. Furthermore, the study
examines the challenges and limitations that arise in applying this principle,
especially in cases involving national security or emergency measures
KEY WORDS: Administratif,
Supranational legal orders.
INTRODUCTION:
Administrative
law is a significant field of law because it addresses how statutory bodies are
implemented in society. It is what one would expect as a byproduct of careful
governance. The framework of administrative law is developing to reflect the
shifting responsibilities of the government and the context in which it is
applied. In the 18th century, Droit Administratif, the French name for
administrative law, gained popularity. Administrative law differs from other
areas of law in that it offers a more in-depth explanation of the law that is
more relevant to everyday life than the latter does.
Among the
subjects governed by administrative law are the application of existing laws,
the operations of government agencies, and the administrative activities of
government. Because French administrative law is broader in scope than any
other country, it is applied differently than in any other country. As the
source of the development of administrative law in a number of countries around
the world, administrative law deserves attention.
In France,
there is a parallel system of administrative courts called the Droit
Administratif. This approach aims to reduce the burden of administrative
litigation on civil courts while establishing separate criteria for
administrative matters. Administrative dispute resolution in India is a highly
controversial topic among judges. There are parallel courts in India that act
as tribunals for a variety of matters, including trade disputes, tax matters,
railway claims, debt recovery claims and military disputes, next to the
administrative courts.
DROITIC
ADMINISTRATIC:
As a part
of public law often mentioned in many sources, the Administrative Law
establishes the obligations of public administrative agencies that contribute
to regulating administrative relations between the State and citizens. The agency structured according to
the rules provided by the administrative court is associated with the name of
Napoleon Bonaparte. The atmosphere surrounding the French Revolution of 1789
was largely associated with chaos between the traditionalist Bonapartists and
the reformist parliaments. While the first view favors the supremacy of the
executive power, the second view privileges the jurisdiction of ordinary
courts. The two bodies that succeeded each other in the pre- and
post-revolutionary period in France were later recognized as the King's Council
and the State Council, respectively.
The King's
Council was a product of pre-revolutionary France. This organization acts as an
advisor on legal and administrative matters to the king. In addition to
executive functions, the King's Council also performed judicial activities,
especially resolving disputes between domestic nobles. In the 16th century, the
judiciary was gradually overshadowed by the growing power of the executive in
the form of the King's Council. The autonomy of the King's Council
disadvantages the regular courts. Such excessive power discrimination in the
hands of the executive was limited as the atmosphere changed gradually between
before and after the revolution of 1789.
The appointment of members is carried
out by decree issued by the executive
body and requires the consent of the council of ministers. Therefore, the
judiciary until then had not been able to access its freedom and authority on
its own. The jurisdiction of the Council of State was determined to be
definitive in all administrative matters by the Arrents Blanco, the executive
act of 1873. It was decided that if a conflict arose between the ordinary
courts and the administration, then the problem will be resolved. is resolved
by the Disputes Tribunal, chaired by the Ministry of Justice and composed of an
equal number of judges from both courts. The development of the State Council
was based on its own doctrines with the function of regulating the excessive
administrative load on citizens.
RULES OF DROIT ADMINISTRSTIF:
Droit Administratif is a representation of judge-made rules
decided in a court of law and not of the rules carved out from the French
Parliament. The series of rules that, if compiled together, will result in the
Droit Administratif are as follows:
1. Rules that deal with administrative authorities and
officials associated with the same.
2. Rules that deal with public service operations to
fulfil citizens’ needs.
3.
Rules that
deal with administrative adjudication.
While the first rule applies
to appointments, dismissals, compensation and obligations, the second rule is
designed to focus on ICSthe welfare of the public which must be
handled directly or indirectly by public officials may be
authorized by them and carried out under their authority.
Private agencies may
also be appointed to enforce these regulations.The
third rule stipulates that the highest administrative jurisdiction
in the country is the State Council.Violations of
any rights or harm caused to citizens of the territory
will be dealt with directly by the administrative
courts.
CHARACTERISTICS OF DROIT ADMINISSTRATIF:
From the above highlights about
Droit Administratif, what can be inferred are some of the characteristic
features that this administrative law possesses. They are listed below :
·
Matters related to state and
administrative disputes must be resolved by
administrative courts and not by the country's regular courts.
·
When resolving issues related to the
above-mentioned disputes, the rules applicable to them are developed by the
courts themselves.
·
The body that decides on conflicts of
jurisdiction between two courts, namely the administrative court
and the ordinary court, is called the Conflicts Court.
·
Administrative Law constitutes a
guarantee for public officials against the jurisdiction of the ordinary courts.
·
The development of the Council of
State was not an overnight plan but the product of a long process surrounding the French Revolution. It
played the role of both a consulting and an adjudicating body.
The above characteristics provide an overview of the application of
Administrative Law. They separate the French administrative structure from the
administrative structure of other common law countries. French administrative
law covers activities that go beyond simple delegation and arbitration and have
an impact on public administration. Separating the court for two types of
people as stipulated in the Administrative Law will promote specificity in
conducting trial proceedings. The explanation he gave was that government officials brought with them knowledge of the process of any
administrative action and could therefore be tried by administrative courts.
In the case of citizens, these do not apply and are therefore subject to
the ordinary courts. The French administrative system also lacks the use
or principle of natural justice in areas
where the Audi Alteram Partem regulation
does not apply because the French system considers that the requirement of
self-defense is not mandatory in the procedure judge. France has also waived
state immunity in matters of tort
liability, as is the case in English case law. The intervention of administrative courts with ordinary courts is also not permitted in France. The burden of jurisprudence does not
apply in the case of the French administrative system because it is based
solely on law.
RULE OF LAW & DROIT ADMINISTRATIF:
Dicey's concept of the rule of law asserts the supremacy of law that no one is above the law nor can they
make judgments above the established laws of the country. Administrative Law
developed as a concept in contrast to Dicey's formulation. Dicey prefers to use
the term plan administrator while explaining Administrative Law. The
establishment of the State Council aims to limit the exercise of unlimited
power by the executive branch. But by doing the same, the judiciary has failed
to recognize that elected members are subject to the control of the executive.
The Council of State is only an advisory body to the ministers, who are
effectively judges. No public meetings took place and the body did not have the
power to make a ruling. What the agency considers is based solely on the
government's perspective. This is precisely what Dicey's concept of the rule of
law opposes. Considering this argument, as Dicey presents it, one cannot easily
show that Dicey is wrong in his argument. The judiciary is supposed to be
separate from the executive in some respects. It is true that these branches
of government are independent but not independent and dependent
on each other. Napoleon Bonaparte's motive for creating the judicial body was
not transparent enough if it did not respect the universal concept of the rule
of law.
According to Dicey, the Droit Administratif was based
on two beliefs:
1.
The government and its officials have
special rights and privileges over any ordinary citizen of the country.
2.
Therefore, there is no equality of
rights for government representatives and
citizens of the same country. Government officials are not subject to
the jurisdiction of domestic courts.
What Dicey claims is that the essence of creating justice is lost if one
rejects the rule of law. Administrative law that does not follow these rules
and develops on the basis of rules laid down by itself plays an important role
in suppressing the executive and therefore the administrative structure in
England is much more developed than with France. Administrative law has set
different regulations for different classes of people in society. Just as Dicey
suggested, this social division went against equality.
CONCLUSION:
In the current scenario, where the world is in a complex state in terms
of government, a large number of changes are being made in the administrative
process. For any country, the government plays an important role because it is
the agency that contributes to running all types of activities in the country.
Many terms related to the French administrative system appear misleading in the
implementation of public administration. But the necessity of applying certain
principles in public administration is
proven by the existence of Administrative Law. It is for this reason that the
development of Administrative Law appears interesting. The inadequacies of the
system and the absence of certain elements will not be enough to hinder the
concept of Administrative Law, for this alone can be the wheel to carry out public administration.
REFERENCE:
Article Information
DROIT ADMINISTATIF BY: GOKUL SRINIVASAN. T
Authors: GOKUL SRINIVASAN. T
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/10/20
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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