Can a court substitute the opinion of an administrative authority?

However, the Courts cannot and do not substitute the opinion of the administrative authority with their own. Courts, in a matter challenging administrative actions, hence look, if there was a failure in the exercise of the power of discretion, if there was an abuse of discretionary power, if there was any illegality and/or procedural impropriety.

When is sub-delegation allowed in administrative law?

When administrative authorities further delegate the power delegated to them it is called sub-delegation. However, such sub-delegation is allowed only when the Act delegating the power to the administrative authorities allows it.

When is administrative legislation is ultra-vires the Constitution?

If the administrative legislation is ultra-vires the Constitution. If the administrative legislation is ultra-vires the Parent Act. If the administrative legislation is arbitrary, unreasonable and discriminatory. If the administrative legislation is malafide.

What did Jeremy Bentham say about the rule of law?

The English philosopher Jeremy Bentham described the rule of law “nonsense on stilts.” The twentieth century has seen political leaders who have oppressed disfavored persons or groups, without warning or reason, governing as if no such thing as rule of law existed. For many people around the world, the rule of law is essential to freedom.

However, the Courts cannot and do not substitute the opinion of the administrative authority with their own. Courts, in a matter challenging administrative actions, hence look, if there was a failure in the exercise of the power of discretion, if there was an abuse of discretionary power, if there was any illegality and/or procedural impropriety.

When administrative authorities further delegate the power delegated to them it is called sub-delegation. However, such sub-delegation is allowed only when the Act delegating the power to the administrative authorities allows it.

If the administrative legislation is ultra-vires the Constitution. If the administrative legislation is ultra-vires the Parent Act. If the administrative legislation is arbitrary, unreasonable and discriminatory. If the administrative legislation is malafide.

Who are the leading scholars of administrative law?

In the United States of America, the existence of administrative law and its growth was ignored until it grew up to become the fourth branch of the State. By then many legal scholars like Frank Goodnow and Ernst Freund had already authored a few books on Administrative law.