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 arrangement is based on the next of 2 ordinary principles, namely:

1. The authorities in addition to its every retainer possesses exceptional 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 armed services leader Napoléon Bonaparte (15^th August 1769 - 5^th May 1821) was the founder of Droit Administration. He for the showtime fourth dimension established ‘Conseil d'État’ which way 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 human activity ‘Suo Motu’ (on its own) to impose straight on subjects its determination to move obeyed every bit a duty.
2. Principle 2: The ability of the direction to receive got decisions in addition to execute them ‘Suo Motu’ (on its own) in addition to may move exercised entirely inside the orbit of the constabulary that protects private liabilities against administrative arbitrariness.
3. Principle 3: The existence of a specialized administrative jurisdiction.

In connector 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 principal wages of Conseil d'État is that existence an independent body. It reviews every administrative action. This council of the state comprises of eminent civil servants.

This council deals amongst a diverseness of matters like:

1. Income 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 interfere inwards administrative gild if at that spot 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 i time expressed his views that at that spot is no Rule of Law inwards French Republic due to the Droit Administration. He idea that the Droit Administration is inwards opposite or opposition to the Rule of Law. But it appeared he was mistaken.
2. Although it is truthful that an private inwards French Republic spell dealing amongst the state on whatever upshot does non stand upward on the same basis 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 costless from the jurisdiction of ordinary courts.
3. Despite these drawbacks, the Droit Administration has been quite successful inwards subjective Rule of law, inwards France.