What Is Droit Administration? Principles, Conseil D'état In Addition To Drawbacks

What is Droit Administration?

Droit Administration is a unique feature of the administrative setup of France.

According to British Jurist Albert Venn Dicey (4^th February 1835 - 7^th Apr 1922), the Droit Administrative organization is based on the next of 2 ordinary principles, namely:

1. The authorities in addition to its every retainer possesses especial rights, privileges in addition to prerogative every bit against private citizens.
2. Such rights in addition to privileges, etc., are determined on the principles dissimilar from the consideration that fixes the legal rights in addition to duties of the citizens.

Legendary French military machine leader Napoléon Bonaparte (15^th August 1769 - 5^th May 1821) was the founder of Droit Administration. He for the get-go fourth dimension established ‘Conseil d'État’ which agency the Council of State.

Principles of Droit Administration

Eminent French scholar Jean Waline propounded next 3 principles of Droit Administration:

1. Principle 1: The ability of direction to deed ‘Suo Motu’ (on its own) to impose direct on subjects its determination to move obeyed every bit a duty.
2. Principle 2: The ability of the direction to receive got blogspot.com//search?q=what-is-decision-making-meaning">decisions in addition to execute them ‘Suo Motu’ (on its own) in addition to may move exercised entirely inside the compass of the constabulary that protects private liabilities against administrative arbitrariness.
3. Principle 3: The existence of a specialized administrative jurisdiction.

In connecter amongst the Principle No.3, Jean Waline said,

“One speaks of Administrative Jurisdiction because these decisions relate to superior command of the Conseil d'État either through appeal or past times the recourse on its cessation.”

Conseil d'État

The master copy wages of Conseil d'État is that beingness an independent body. It reviews every administrative action. This council of the Earth comprises of eminent civil servants.

This council deals amongst a diversity of matters like:

1. Income blogspot.com//search?q=what-is-decision-making-meaning">Tax,
2. Claims for damages for wrongful acts of Government servants.
3. Personal claims of Civil Servants against:
   1. Wrongful dismissal or
   2. Suspension.
4. Disputed elections, etc.

The Conseil d'État tin forcefulness out interfere inwards administrative gild if in that place is:

1. Lack of jurisdiction.
2. The error of law.
3. Misapplication of power
4. The irregularity of procedure.

Drawbacks of Droit Administration

The limitations or drawbacks of Droit Administration:

1. British Jurist A. V. Dicey ane time expressed his views that in that place is no Rule of Law inwards French Republic due to the Droit Administration. He idea that the Droit Administration is inwards reverse or opposition to the Rule of Law. But it appeared he was mistaken.
2. Although it is truthful that an private inwards French Republic piece dealing amongst the Earth on whatever trial does non stand upward on the same soil every bit that on which he stands inwards dealing amongst his neighbor, moreover, the Government in addition to his officials are independent in addition to complimentary from the jurisdiction of ordinary courts.
3. Despite these drawbacks, the Droit Administration has been quite successful inwards subjective Rule of law, inwards France.