1

The Growth And Development Of Administrative Law A Critical Study

The human civilization has gone through rapid changes in the past two thousand
years as human intellectual capabilities developed so did his legal system1. The
growth of administrative law was first evident through the developments which
took place in the American legal system which was in a position to develop its
administrative law due to its federal structure as we understand the concept of
modern federalism has contributed to the immense growth and development of
diverse fields in administrative law as it was necessary for the federal system to
evolve through administrative law. In the 19th century developments are a
pinnacle point in the growth and development of administrative law particularly
with the reference to United States especially this development can be attributed
to the concepts such as tribunals which focused more on industrial and social
integration of human life2.

The causes for the development of administrative law social and economic
prospective

The growth and development of administrative law is due to the combination of

various factors and its impact on the legal system. One of the factors that
influenced the growth of administrative law is the economic and technological
development of the 19th century which was brought about by the industrial
revolution. This was as a result of the legal sphere becoming more rigid due to the
development of capitalism3. It also indicated the end of agrarian based economy
as taxation and welfare state became the notion of modern day development the
need and the necessity of administrative law was felt ever more necessary. In
England administrative law was used as a tool to ensure the impact of private
rights of individuals by intervention. The federal structure of U.S constitution and
the U.S model of capitalism which is primarily based on free market, The idea of
free market meant that more administrative role by the government to ensure fair
play, This situation further contributed to the development and need of
administrative law in the united states. United States Of America in the 1790s was
a combination of 13 states with a gross area of 8,92,135 square miles. It
developed further to a vast expansion of 3738395 square miles in 1853. This one

1
The Development of American Administrative Law Author(s): Marshall E. Dimock Source: Journal of
Comparative Legislation and International Law, Vol. 15, No. 1 (1933), pp. 35-46 Published by: Cambridge
University Press on behalf of the British Institute of International and Comparative Law Stable URL:
https://www.jstor.org/stable/753483 Accessed: 31-10-2018 17:10 UTC
2
DOUBLE DEFERENCE IN ADMINISTRATIVE LAW Author(s): Emily Hammond Source:
Columbia Law Review, Vol. 116, No. 7 (NOVEMBER 2016), pp. 1705-1771 Published by: Columbia Law
Review Association, Inc. Stable URL: https://www.jstor.org/stable/44028176 Accessed: 31-10-2018 17:20 UTC
3
Administrative Law Author(s): W. Hamilton Bryson Source: Virginia Law Review, Vol. 54, No. 7 (Nov.,
1968), pp. 1459-1464 Published by: Virginia Law Review Stable URL: https://www.jstor.org/stable/1071740
Accessed: 31-10-2018 17:27 UTC
2

example is sufficient enough to understand the necessity of administrative law in

that particular situation4. The United States from its beginning was blessed with
abundance of natural resources, To put it more in context the founding fathers of
American constitution were one of the first to propagate the idea of welfare state,
If we think from that context the administrative law is necessary in ensuring fair
play in the equal distribution of resources in a welfare state. As the government
was placed with the responsibility of making the people’s lives better. As human
is selfish by nature some authority or some regulation should be put in place to
contain him, This fact was also asserted by Thomas Hobbes in his theory5. This is
where the Americans first felt the real and effective to practical applicability of
administrative law. Professor Sharfmans in his analysis of interstate commerce
commission points out the judicial role in enforcement of commercial regulation
put in place by the public authorities. The federal style of government was faced
with many challenges in the execution of administrative regulation. The creation
of inter commerce council was a defining moment in American free market
history as well as a significant step in the growth and development of
administrative law, Here we find the regulation of trade practises through the
applicability of administrative law. The landmark decision in Wabash, St. Louis
& Pacific Railway Co. v. Illinois 6, It is specifically dealt with regard to a state’s
power on interstate shipments. The growth of immigration from one city to
another in the United States in search of jobs forced the American government in
a positive stance to bring into force administrative agencies to maintain proper
accounts of people migrating from one state to another and keep the crime rate
under control using administrative law. The German population migrating7 from
East, North, Central and West required the German authorities to bring about
effective administrative law in order to maintain control over particular borders it
was the mass scale of industrialization which brought about these changes in the
1920s in Germany8. It is worth mentioning that according to a census report 1910,
18 percentage of American population have converted themselves into urban

4
Critical Theory in Administrative Law Author(s): David Jabbari Source: Oxford Journal of Legal Studies, Vol.
14, No. 2 (Summer, 1994), pp. 189-215 Published by: Oxford University Press Stable URL:
https://www.jstor.org/stable/764617 Accessed: 31-10-2018 17:46 UTC
5
Thomas Hobbes on the Family and the State of Nature Author(s): Gordon J. Schochet Source: Political Science
Quarterly, Vol. 82, No. 3 (Sep., 1967), pp. 427-445 Published by: The Academy of Political Science Stable URL:
https://www.jstor.org/stable/2146773 Accessed: 31-10-2018 17:55 UTC
6
118 U.S. 557 (1886)
7
DEPOLITICIZING ADMINISTRATIVE LAW Author(s): Cass R. Sunstein and Thomas J. Miles Source:
Duke Law Journal, Vol. 58, No. 8, THIRTY-NINTH ANNUAL ADMINISTRATIVE LAW ISSUE:
ADMINISTRATIVE LAW UNDER THE GEORGE W. BUSH ADMINISTRATION: LOOKING
BACK AND LOOKING FORWARD (May 2009), pp. 2193-2230 Published by: Duke University School of
Law Stable URL: https://www.jstor.org/stable/20684790 Accessed: 31-10-2018 18:18 UTC
8
SHAPING ADMINISTRATIVE LAW Author(s): Ernest Gellhorn Source: Administrative Law Review,
Vol. 43, No. 1 (WINTER 1991), pp. 1-6 Published by: American Bar Association Stable URL:
https://www.jstor.org/stable/40709655 Accessed: 31-10-2018 18:16 UTC
3

population and this number has increased to a further 14 percentage in 1930

taking the total number into 56 percentage of the total population being on the
verge of migrating into urban areas, Thus the growth and development of
Administrative Law became justified. This evolution ultimately resulted in vast
wealth gap affecting the social and economic stigma of the American population
in general which contributed a high rise in crime rates during the 1930’s, the
resulting circumstances forced governments economically, socially and legally to
take drastic steps to keep the situation under control. As a federal government
was forced in a way to stabilize its power. Saw the growth of administrative law
in US9 was due to economic and social changes whereas in England10 it was due
to political changes.

The power of industrial cocktails and its impact on general public sleeked more
intervention from the public authorities to ensure social justice11. Although the
concept of trade unions and administrative law relating to trade unions were
virtually absent in United States this is not the case in the United Kingdom where
the political rise of the labour party has given rise to Trade Union movements and
labour oriented legislation this ultimately resulted in the British government
codifying certain procedure of Administrative law when it comes to labour
legislations.

Legal And Procedural Impact Of Administrative Law

It is a well-known fact that legal system nowhere is perfect, The

institutanilazation and the impact of one’s own ideology has influenced the
outcome in legal disputes, So to balance these changes it is necessary that
judiciary would be bound by codification of law of its own for administrative
purposes and this administrative laws must not be rigid as that of constitutional
laws, Although American constitution is known for its rigidity American
administrative laws12 are known for its flexibility, In a way American
constitutional as well as the legal jurists has understood the necessity of

9
Ibid.,
10
Review: Administrative Law in England Reviewed Work(s): Administrative Law by Frederick John Port; Canada
and World Politics by P. E. Corbett and H. A. Smith; The Present Juridical Status of the British Dominions in
International Law by P. J. Neol Baker Review by: C. T. Carr Source: Journal of Comparative Legislation and
International Law, Vol. 11, No. 4 (1929), pp. 285-287 Published by: Cambridge University Press on behalf of the
British Institute of International and Comparative Law Stable URL: https://www.jstor.org/stable/754023
Accessed: 31-10-2018 18:30 UTC
11
Our Schmittian Administrative Law Author(s): Adrian Vermeule Source: Harvard Law Review, Vol. 122, No.
4 (Feb., 2009), pp. 1095-1149 Published by: The Harvard Law Review Association Stable URL:
https://www.jstor.org/stable/40379741 Accessed: 31-10-2018 18:41 UTC
12
Ibid.,
4

administrative laws being flexible as it should be subjected to changes as times

rolls on13.

Justice Hughes of U.S Supreme Court has recognised the importance of

administration law in U.S Supreme Court. Especially he addressed to the taxation
and the role of taxation in a welfare state and the role of administrative law in
ensuring a effective tax collection14. He also determined the role played by
administrative law in the effective execution of foreign policy, According to him
the effective execution of administrative role in the hierarchy of courts is essential
for the swift deliverance of justice.

Professor Dickson who was specifically studied the impact of administrative law
in modern administration has pointed out the fact that the immense growth of
administrative law in the past in its usage and relevance is due to the its influence
on modern day governments which is specifically focuses on individuals, private
rights and free market15. Many of the scholars of 20th century is of the opinion
that the effective execution of administrative law is one of the main reason for the
success of legislation aimed at social welfare, Especially the failure of Obama
care can be attributed to the failure of administrative law within the system16.
Another growth in the field of Administrative law is the relationship between
delegated legislation and administrative law governing the guidelines of the
delegated legislation, As we can understand in a welfare state when an act is
passed in a parliament or in a congress it is impossible to envision all the
circumstances in which that particular act may be applicable this is where the role
of delegated legislation comes into play. The relevance of administrative law can
be much felt in the modern day division of cities and corporations, In the modern
world administrative law is as much relevant as the normal dispensation of justice
through legal process. There is a deeper influence of administrative law in
governing the actions of foreign diplomats, civil servants etc. especially in the
case of Regulating the contact of civil servants of the united states itself has more
than one hundred codes which govern the administrative regulations of this civil

13
RESEARCH IN ADMINISTRATIVE LAW Author(s): Edwin Blythe Stason Source: Administrative
Law Review, Vol. 16 (WINTER-SPRING, 1964), pp. 99-107 Published by: American Bar Association Stable
URL: https://www.jstor.org/stable/40708453 Accessed: 31-10-2018 18:52 UTC
14
FOREIGN ADMINISTRATIVE LAW AND INTERNATIONAL TAXATION: A CASE
STUDY OF TREATY IMPLEMENTATION IN CHINA Author(s): Wei Cui Source: Administrative
Law Review, Vol. 64, No. 1 (Winter 2012), pp. 191-233 Published by: American Bar Association Stable URL:
https://www.jstor.org/stable/23316183 Accessed: 31-10-2018 21:08 UTC
15
RESEARCH IN ADMINISTRATIVE LAW Author(s): Edwin Blythe Stason Source: Administrative
Law Review, Vol. 16 (WINTER-SPRING, 1964), pp. 99-107 Published by: American Bar Association Stable
URL: https://www.jstor.org/stable/40708453 Accessed: 31-10-2018 21:17 UTC
16
Failure to Launch: How Obama Fumbled HealthCare.gov Author(s): Jonathan Alter Source: Foreign Affairs,
Vol. 93, No. 2 (MARCH/APRIL 2014), pp. 39-44, 45-50 Published by: Council on Foreign Relations Stable
URL: https://www.jstor.org/stable/24483582 Accessed: 31-10-2018 21:24 UTC
5

servants, It is through effective administrative law that maintenance of law and

order is possible17, Especially in a federal system the effective functioning of
centre state relationship can be executed only through effective formation of
administrative law as we can see in Donald Trump administration one of the
reasons cited for Donald Trump’s failure is its blazing disregard for
administrative law, Administrative Law are mainly formulated for balancing a
particular conflict, Especially in the context of a welfare state, Where the
legislation is unable to see the forcible consequence of a particular legislation,
Administration law is of great relevance in such a scenario when there is a
conflict between a legislative and practical usage18.

Conclusion

The development of administrative law in modern day world is

influenced by the concept of welfare state and its bureaucratic
administration and dispensation of justice in the modern day judicial
hierarchical system, In Brittan the growth of administration law is fuelled
by the political changes whereas in the US it is fuelled due to social and
economic changes.

17
Administrative Law as the New Federalism Author(s): Gillian E. Metzger Source: Duke Law Journal, Vol. 57,
No. 7, Thirty-Eighth Annual Administrative Law Issue (May, 2008), pp. 2023-2109 Published by: Duke
University School of Law Stable URL: https://www.jstor.org/stable/40040640 Accessed: 31-10-2018 21:40
UTC
18
AN ADMINISTRATIVE JURISPRUDENCE: THE RULE OF LAW IN THE
ADMINISTRATIVE STATE Author(s): Kevin M. Stack Source: Columbia Law Review, Vol. 115, No. 7
(NOVEMBER 2015), pp. 1985-2018 Published by: Columbia Law Review Association, Inc. Stable URL:
https://www.jstor.org/stable/43631709 Accessed: 31-10-2018 21:46 UTC
6

The US model of Administrative law was influenced by the

development of deferral system of government, The same can be said for
UK, In England Administrative Laws effectively govern the trade Union
relationship whereas in the US the administrative law is most effective in
its Administration of it contractual relationship between the employer and
its employee and its application in the court of law. In the above
discussion we have discussed we have discussed the modern relevance of
administration law when it comes to modern day welfare state.