Administrative Law
It is a body of law that governs the administration and regulation of
government agencies. There are 2 contrasting Theory propounded by Harlow and
Rowling[1]
Red Light Theory
· The Red-Light theory says that there should be strong control of
the Court to review the administration decision.
· It is more of a conservative theory which limits the government’s
control.
· Administrative law should control the excess power of the State
and describes the best form of government which governs less.
· The Minimalist State Theory of Laissez-Faire is tilted toward
this theory. Also, it is more of a Capitalist State, where people function on
their own and more privatization.
Green Light Theory
· The Green-light Theory on the other hand says that the government
and bureaucrats function the best when there is the least intervention in their
functioning.
· Utilitarian Theory is tilted towards this theory, which states
that 'greater good for the greater number'. And the State is expected to
provide minimum standards of facilities including, health, education, housing,
security etc. and hence Law should not be a controlling mechanism to control
the working of the government. So that government could easily benefit more and
more numbers of people.
· Court’s intervention should be least. Court’s intervention is an
obstacle in the government’s efficiency. Therefore, this theory also recommends
avoiding giving power to court like judicial review. this Theory results in
more of a Communist State.
The Carol
Harlow and Richard Rowling Analogy
· The Amber Light Theory is the combination of the above theories.
· It recommends that the state should run by providing equal power
to both the Court and the Bureaucrats/Government.
· Proper check and balance are hence maintained between the two.
And neither one will misuse their power.
Also read - What are the Rights and Privileges of Disabled People in India
[1] Harlow & Rawlings, Law and Administration (2nd edn., 1997) ,
pp. 1-4, chs. 2-4 (Outline
of Theories)
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