ADMIN LAW
Assignment
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NAME: - ABHINAV SHARMA
CLASS & SEC: - BBA LLB 2A
PROFESSOR: - Mr. VIVEK SIR
Topic – Droit Administratif
INTRODUCTION
Droit Administratif, a French term meaning
"Administrative Law," refers to the body of law that
governs the functioning, organization, and powers of
public authorities in France. It is a distinct branch of
law that regulates the relationship between public
administrative bodies and individuals, ensuring that the
actions of the government are lawful and accountable.
Droit Administratif is a unique legal system that
evolved in France and has had a profound impact on
administrative legal systems across the world.
The development of Droit Administratif can be traced
back to the post-revolutionary period in France when
the need for a specialized legal system to regulate
public administration became apparent. Unlike common
law systems where administrative actions are subject to
the jurisdiction of ordinary courts, Droit Administratif
entrusts the adjudication of disputes between the state
and its citizens to specialized administrative courts.
Historical Development
Origin and Evolution
Droit Administratif originated in France after the
French Revolution (1789), when the French monarchy
was replaced with a republican system. The objective
was to create a legal framework that would regulate the
relationship between the newly established government
and its citizens. Napoleon Bonaparte played a pivotal
role in institutionalizing Droit Administratif through the
establishment of the Council of State (Conseil d’État)
in 1799, which became the highest administrative court.
The principles of Droit Administratif were further
codified and refined during the 19th and 20th centuries.
The famous case of Blanco v. State (1873) established
the principle that the state could not be treated as an
ordinary private litigant and that specialized rules of
administrative law were required to govern state
liability.
Key Milestones
1799: Establishment of the Conseil d’État to
adjudicate disputes between individuals and public
authorities.
1873: The Blanco case emphasized the need for a
separate legal framework for public administration.
1903: Development of the principles of public
service and state liability.
Key Principles of Droit Administratif
1. Principle of Separation of Powers
Droit Administratif is built on the principle of the
separation of powers, where administrative matters are
adjudicated by specialized administrative courts. This
ensures that judicial authority does not encroach upon
executive powers and vice versa.
2. Autonomy of Administrative Law
Administrative law operates independently of the
ordinary legal system. It is a specialized body of law
designed to regulate the relationship between the state
and individuals.
3. Supremacy of Public Interest
Droit Administratif places a strong emphasis on public
interest, ensuring that administrative actions prioritize
public welfare and the common good over individual
interests.
4. Principle of Judicial Review
Administrative courts have the authority to review
administrative actions and ensure that they conform to
legal norms. Judicial review ensures that public
authorities do not exceed their powers or violate the
rights of individuals.
Role of the Conseil d’État
The Conseil d’État (Council of State) is the supreme
administrative court in France, which plays a dual role:
1. Advisory Role: Advises the government on
legislative and regulatory matters.
2. Judicial Role: Adjudicates disputes involving
administrative actions and ensures compliance with
Droit Administratif.
The Conseil d’État has the power to annul unlawful
administrative actions and protect the rights of
individuals against arbitrary state actions. It also
develops principles of administrative law through its
judgments, shaping the evolution of Droit
Administratif.
Comparative Perspective
1. France vs. United Kingdom
Unlike France, the United Kingdom follows the
common law system where administrative disputes are
handled by ordinary courts. In contrast, France has a
distinct system of administrative courts to oversee
public administration.
2. France vs. United States
The United States operates under a system of judicial
review by ordinary courts, where administrative
agencies are subject to scrutiny by federal courts.
France, however, has a parallel system of administrative
jurisdiction.
Significance and Influence
Droit Administratif has had a profound impact on
administrative law systems worldwide. Many countries
have adopted principles derived from the French model,
particularly in the context of public service regulation,
administrative accountability, and judicial review.
Countries such as Belgium, Egypt, and Algeria have
drawn inspiration from the French system,
incorporating elements of Droit Administratif into their
legal frameworks.
Conclusion
Droit Administratif remains a cornerstone of French
legal tradition, providing a specialized framework for
regulating public administration and ensuring
accountability. Through the Conseil d’État and its well-
defined principles, Droit Administratif has served as a
model for administrative law systems around the world.
The emphasis on public interest, judicial review, and
separation of powers continues to make Droit
Administratif relevant in modern administrative law.
As global administrative frameworks continue to
evolve, the principles of Droit Administratif offer
valuable insights into balancing state authority with
individual rights, ensuring that public administration
remains efficient, just, and accountable.
