Droit administratif: adoption in India, UK, USA & France

Nimisha Jha
Advocate,
High Court of Madhya Pradesh


Abstract

The French system of Administrative law of establishing a different set of courts for dealing with the cases related to maladministration or lack thereof has been an area of debate and discussion for past two centuries. This system is legally called the Droit Administratif. It has evolved with the evolution of administrative law in France. Dicey had criticised the French system of administrative law as being against the principles of Rule of Law and hence most of the common law countries in principle did not follow the French principle. But with changing times, even UK has adopted this effective system for smooth and quick dispensation of justice by establishing Tribunals and various quasi judicial specialised bodies. Common law countries like India have seen a huge surge in Tribunalisation of justice which has come with its fair share of criticism. Even countries like USA have begun appreciating the effective French system of Administration of Justice and established tribunals in the wake of it. There can be witnessed an evolution, dilution and adoption of both the system of Droit Adminitratif and system of dispensation of justice under Common Law. The paper tries to trace out this evolution of both the systems by comparing the French system with India, UK and USA.

Keywords: Administrative Law, Droit Administratif, Common Law, India, Tribunals, evolution, USA, UK, Rule of Law.

Preferred Citation

Nimisha Jha, Droit administratif: adoption in India, UK, USA & France, The Lex-Warrier: Online Law Journal (2018) 7, pp. 316 – 337, ISSN (O): 2319-8338

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