cover image: Tagore Law Lectures for 1918-19. Comparative Administrative Law with Special Reference to the Organisation and Legal Position of Administrative Authorities in British India (Introductory Lecture and Synopsis)

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Tagore Law Lectures for 1918-19. Comparative Administrative Law with Special Reference to the Organisation and Legal Position of Administrative Authorities in British India (Introductory Lecture and Synopsis)

1917

All questions, dealing with the rights of the citizen against the state or any of its officers on the one hand, and the liabilities of the state or any of its officials as against the citizen on the other, fall within the purview of droit administratif or administrative law. [...] To the power which is concerned with the legislative functions of the sovereign is entrusted the task of making, altering and repealing laws ; to the power which is concerned with the judicial functions of the sovereign is entrusted the task of interpreting and applying those laws ; and, similarly, to the power which is concerned with the actual carrying into effect those laws is entrusted the tas [...] Austin defines Constitu- tional law, to be —positive morality or the compound of postive law, which determines the character of the person, or the respective characters of the persons, in whom for the time being, the sovereignty shall reside : and which moreover in the case of an aristocracy, or government of a number, determines the mode wherein the sovereign powers shall be shared by the constit [...] What ought in theory to be the sphere of action of each of the different governmental authorities and what ought to be the sphere of action of the state, i. e. , the constitution—making authority, are matters which Determining factors must very largely be governed by the history and political needs of the of control. [...] In countries where popular representation is the order of the day, it has been thought unwise to transfer the control of the representative assembly over acts of the executive of a purely political in the sense of a diplomatic nature to the judicial authorities,(32) even though the relations of the courts with the executive is of a more intimate nature.
law
Pages
78
Published in
India
SARF Document ID
sarf.100014
Segment Pages Author Actions
Frontmatter
i-xxxvii Akshay Ghose view
Synopsis
1-40 Akshay Ghose view

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