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  • Administrative Process - Nature and Scope Nov 2009

    Transféré par

    Naksh Sanson
    85 vues1 page
    The document outlines an examination for an LL.M. degree in administrative process. It contains 5 questions, each with two options (A and B). The questions cover various topics related to administrative law including: the rule of law and its relationship to judicial independence and human rights; the concept of a welfare state and its influence on the judiciary and legislature; challenges to administrative actions based on separation of powers; the definition of essential legislative functions; the power of eminent domain and judicial review of property takings; the meaning of police power and limits on its scope; the concept of administrative discretion and proposals for controlling discretion to prevent arbitrariness.

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    Nature of Administrative Process Scope of Administrative process

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    The document outlines an examination for an LL.M. degree in administrative process. It contains 5 questions, each with two options (A and B). The questions cover various topics related to administrative law including: the rule of law and its relationship to judicial independence and human rights; the concept of a welfare state and its influence on the judiciary and legislature; challenges to administrative actions based on separation of powers; the definition of essential legislative functions; the power of eminent domain and judicial review of property takings; the meaning of police power and limits on its scope; the concept of administrative discretion and proposals for controlling discretion to prevent arbitrariness.

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    85 vues1 page

    Administrative Process - Nature and Scope Nov 2009

    Transféré par

    Naksh Sanson
    The document outlines an examination for an LL.M. degree in administrative process. It contains 5 questions, each with two options (A and B). The questions cover various topics related to administrative law including: the rule of law and its relationship to judicial independence and human rights; the concept of a welfare state and its influence on the judiciary and legislature; challenges to administrative actions based on separation of powers; the definition of essential legislative functions; the power of eminent domain and judicial review of property takings; the meaning of police power and limits on its scope; the concept of administrative discretion and proposals for controlling discretion to prevent arbitrariness.

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 1

    LL.M.

    1 /09-02

    LL.M. DEGREE I SEMESTER EXAMINATION, NOVEMBER 2009

    SLS — 2102 ADMINISTRATIVE PROCESS: NATURE AND SCOPE


    Time: 3 Hours Maximum marks : 50

    (All questions carry EOUAL marks)


    (5 x 10 - 50)

    A. Explain the term rule of law. Refer to decided cases. Discuss also the relationship between
    rule of law and independence of judiciary.
    OR
    B. Critically examine the meaning given by Dicey to the term rule of law. Discuss also the
    relationship between rule of law and human rights.

    A. What do you understand by welfare state? Discuss the influence of the concept on the
    judiciary and legislature.
    OR
    B. Discuss the nature of welfare state. Examine whether a reformulation of the concept is
    required in the light of new economic liberalization.

    A "Critics of the administrative process frequently challenge the constitutional legitimacy of a


    high proportion of agency actions as violative of separation of powers". K.0 Davis. Discuss.
    OR
    B. What is meant by essential legislative function? Refer to decided cases.

    A. Discuss the power and justifications of state to take private property for public use. Examine
    the approach of judiciary in this respect.
    OR
    B. What is meant by police power? Examine the need and justifications for restricting the extent
    of such a power. Refer to constitutional provisions and judicial decisions.

    V. A. What is meant by administrative discretion? Discuss the proposals of K.C.Davis in respect of


    controlling discretion.
    OR
    B. Examine the need and justification for administrative discretion. Discuss the method and
    techniques resorted to by judiciary in controlling administrative discretion so that the exercise
    of discretion does not result in arbitrariness.

    ***

    Cusat Digital Library Service http://dspace.cusat.ac.in/

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