Dabangg Lawyer

  1) Introduction The modern state performs a vast variety of functions, necessitating a large body of laws and rules to govern these spheres. It is not practical for the legislature to enact all such rules itself. Delegated legislation refers to the laws made by bodies like the executive, judiciary, or statutory entities under the powers delegated to them by the legislature 2) Delegated Legislation Delegated legislation refers to laws or rules made by an authority other than the legislature, but with the legislature’s permission. This authority is usually the executive, government departments, or local authorities, who are given powers under an enabling or parent Act passed by the legislature. 3) Definitions: (1)     Salmond – "Delegated legislation means that part of the law which proceeds from any authority other than the sovereign power, and is regarded as having the force of law." (2)     K.C. Wheare – "Delegated legislation means th...

The functions of administration can be broadly classified into different categories based on the nature of activities performed by administrative bodies. These functions are typically grouped into the following classifications: 1) Executive Functions Executive functions refer to the implementation and enforcement of laws, policies, and decisions made by the legislature. The executive branch of the government is responsible for carrying out laws, maintaining public order, and executing government policies. Examples : Law enforcement : Police force maintaining law and order. 2) Legislative Functions Legislative functions involve the creation and formulation of rules and regulations by the executive branch under powers granted by the legislature. The executive, through delegated legislation, can enact laws or create specific regulations within the limits defined by the legislature. This process is often referred to as delegated or subordinate legislation . Examples : Government ...

Constitutional Law and Administrative Law are two distinct but closely related branches of public law that govern the functioning of the state and its organs. Here's how they relate to each other: 1) Definition and Scope Constitutional Law : It deals with the fundamental principles and structures of the government, the distribution of powers among various organs of the state (Legislature, Executive, and Judiciary), and the protection of fundamental rights of individuals. It lays down the supreme law of the land. Administrative Law : It focuses on the rules, regulations, and procedures through which the Executive exercises its powers and performs its functions. It governs the administrative actions and ensures that these actions comply with the law. 2) Foundation Constitutional Law is the source of power for Administrative Law. It provides the framework within which the executive and administrative bodies operate. It defines the scope and limits of their powers. Admin...

  1) Doctrine of ‘Separation of Powers’ The Doctrine of Separation of Powers is a fundamental constitutional principle that divides the powers and responsibilities of the government into three distinct branches: the Legislature , the Executive , and the Judiciary . The primary purpose of this doctrine is to prevent the concentration of power in a single authority, ensuring a system of checks and balances . This separation fosters accountability, transparency, and the protection of individual freedoms by ensuring that no branch of government becomes too powerful or interferes unduly with the functions of the other branches. 2) The Three Branches of Government (1)     Legislature : The branch responsible for making laws. It consists of elected representatives and is typically divided into two houses (bicameral) or one house (unicameral), depending on the country’s system. (2)     Executive : The branch responsible for implementing and enforcin...

1) Concept of ‘Rule of Law’ Rule of law is a live and dynamic concept. The term 'rule of law' is derived from the French phrase 'la principle de legality' (principle of legality) which means a government based on principles of law and not of men. Basically this principle means that law is supreme and no one, whether rich or poor is above the law. The King is not the law but the law is king. According to this principle government authority may only be exercised in accordance with the written laws which are adopted through an established procedure. It is a safeguard against the arbitrary actions tradition 2) Dicey’s Concept of the Rule of Law A.V. Dicey was a prominent British jurist and constitutional theorist whose interpretation of the Rule of Law became foundational to modern constitutional law. In his seminal work, Introduction to the Study of the Law of the Constitution (1885), Dicey outlined three core principles that encapsulate his concept of the Rule ...