Category: Administrative Law
-
Speaking Order
Law and You > Administrative Law > Speaking Order Maxims “Nemo debet esse judex in propria causa” and “Audi alterem partem” are considered the two limbs of natural justice. Speaking order or reasoned order is considered as the third limb of natural justice. A reasoned decision is a decision which contains reason in its support.…
-
Audi Alterem Partem
Law and You > Administrative Law > Audi Alterem Partem The second principle of natural justice is Audi Alterem Partem literally means: to hear the other side or no one should be condemned unheard. This is necessary for providing a fair hearing and no doubt the rule against bias would also be a part of…
-
Pecuniary Bias and Official Bias
Law and You > Administrative Law > Pecuniary Bias and Official Bias Pecuniary Bias: It is obvious that the decision of the adjudicator would be affected if he is having a pecuniary interest in the subject matter of the proceedings. There is a presumption that any direct financial interest, however small, in the matter in…
-
Personal Bias
Law and You > Administrative Law > Personal Bias According to the ‘Lectric Law Library’s Lexicon, “Any mental condition that would prevent a judge or juror from being fair and impartial is called bias. A particular influential power which sways the judgment; the inclination or propensity of the mind towards a particular object. It may…
-
Nemo debet esse judex in propria causa
Law and You > Administrative Law > Nemo debet esse judex in propria causa This principle “Nemo debet esse judex in propria causa” of natural justice is also known as the Rule of Bias or the Doctrine of Bias. The first principle of impartiality roughly translated into English means nobody shall be a judge in…
-
Principles of Natural Justice
Law and You > Administrative Law > Principles of Natural Justice The principle of natural justice constitutes one of the most important concepts of administrative law. It is an expression of English Common Law having its origin in Roman phrase Jus natural (law of Nature). Natural justice is also referred as “substantial justice”, “fundamental justice”,…
-
Substantive Ultra Vires
Law and You > Administrative Law > Substantive Ultra Vires Judicial Control Over Substantive Ultra Vires acts by Delegated Legislation: In this article, we shall study judicial control over delegated legislation in cases of substantive ultra vires acts. The Constitution of India empowers Legislature to make laws for the country and it is the power…
-
Parliamentary Control Over Delegated Legislation
Law and You > Administrative Law > Parliamentary Control Over Delegated Legislation The Constitution of India empowers Legislature to make laws for the country and it is the power of the executive to administer and execute the law made by the legislature. This is in accordance with the doctrine of the separation of power. However,…
-
Growth of Delegated Legislation
Law and You > Administrative Law > Growth of Delegated Legislation The Constitution of India empowers Legislature to make laws for the country and it is the power of the executive to administer and execute the law made by the legislature. This is in accordance with the doctrine of the separation of power. However, frequently…
-
Introduction to Delegated Legislation
Law and You > Administrative Law > Introduction to Delegated Legislation What is Delegated Legislation? The Constitution of India empowers Legislature to make laws for the country and it is the power of the executive to administer and execute the law made by the legislature. This is in accordance with the doctrine of the separation…