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Discuss the historical development of administrative law

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HISTORICAL DEVELOPMENT OF ADMINISTRATIVE LAW

Administrative Law in England has a long history but the subject in its modern form did not begin to emerge until the 2nd half of the 17th century. A number of the basic rules of Administrative Law can be traced back to that period e.g the principle of natural justice.

In the earlier times, Justices of peace were used as all purpose Administrative Authorities. There were also judges of Assize who conveyed instructions from the Crown and dealt with defaults and mal-practices. Under the Tudor Monarchy, there was the Privy Council and Provincial Council in the North and in Wales. The Privy Councils’ supertendance was exercised through the Star Chamber. Those who disobeyed the justices of peace could be punished and the justices replaced.

At this time, the powers of the State were not often challenged at Administrative level. Issues between the crown and its subjects were fought at, but battlefields of civil war. The Chamber was abolished in 1642 by a Revolution in 1688.

A New situation arose. Courts of Kings Bench began checking administrative control of citizens through the courts of law. The Kings Bench made its writs of Mandamus, Certiorari and Prohibition as well as its ordinary remedy of damages to everyone who wished to dispute the legality of administrative acts of the justices and of such other authorities as there were. Henceforth Administrative Law continued to progress throughout the 18th and 19th Centuries. The doctrines of ultravires and the principles of Judicial Review evolved. Other principles that evolved also include the Rules for Review of Jurisdictional questions and the principles of Natural Justice.

Administrative Law as it now exist has therefore a continuous history from the latter part of the 17th Century The 18th Century was the period of rapid development of the rule of law. Probably there has been little fundamental alteration and the basic principles of that law, have remained where they were for centuries.

jerop5614 answered the question on December 22, 2018 at 10:33

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