Q1.

Critically analyze Diceys understanding of the Rule of Law and Droit

Administratif. (CSE 2011/15 marks).
Answer:
Introduction
Dicey- rule of law
based on the concept of Aristotle: Laws should govern; not man.
Droit administratif- duality of law(France)
Diceys concept of Rule of Law
Equality before Law
Supremacy of Law
Source of law is the society
He opined there was no Rule of Law in the continental legal system
Britain followed Rule of Law
Concept of Droit Administratif
Administrative law can be traced in the continental legal system, basically
French system
Ensures governmental accountability
Ivor Jennings-Administrative law is the law relating to administration. It
determines the organization, powers and duties of the administrative
authorities.
Less individualistic and more communitarian
Puts members of administration in privileged conditions
Brings about discretion
Conclusion
Both are developed in different context
Rule of law in Britain and Droit administratif in French during Napoleons time
Both has its significance in present.
Q2. Define Public policy. Explain the processes of Policy formulation and the
difficulties in policy implementation? (20Marks)
Answer:
Introduction
Thomas Dye: policy is an expression about what to do and what not to do. It
also includes what actually is done and what actually is not done.
positive and Negative policies: pushes governmental actions, restricts
governmental actions (respectively)
Stages/ Processes of policy formulation
Agenda Setting
o Policy recognition
o Policy generation
o Policy Action
Policy Formulation
o Actors involved are:
Legislature
Judiciary
Executives
Bureaucracy
Civil Society
International organizations
Public opinion
Policy implementation
o Factors needed
Clarity of policy
Realistic Policy
Adequate Support
Decentralization
Sincerity
 Policy Monitoring
o Planning
o Allocation
o Implementation
o Measurement
o Evaluation
o Suggestions
Policy Evaluation
o Efficiency check
o Feedback
o Prioritization
o Comprehensive outlook
Challenges
Insufficient information
Peoples participation is less
Corruption
Too many models- no standard model
Resources- both man and money
Ethical concerns
Lack of political will
Conclusion
Priorities may change with time and environment hence the policies.
Public Policy decides the future of a country.
D. Easton Public policy provides the broad framework within which
authoritative allocation of values takes place. It broadly defines the actions of
the government.