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 regime as well as its every retainer possesses exceptional rights, privileges as well as prerogative equally against private citizens.
2. Such rights as well as privileges, etc., are determined on the principles unlike from the consideration that fixes the legal rights as well as 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 commencement 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 management to deed ‘Suo Motu’ (on its own) to impose straight on subjects its determination to live on obeyed equally a duty.
2. Principle 2: The ability of the management to receive got decisions as well as execute them ‘Suo Motu’ (on its own) as well as may live on exercised exclusively inside the orbit of the constabulary that protects private liabilities against administrative arbitrariness.
3. Principle 3: The existence of a specialized administrative jurisdiction.

In connectedness alongside 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 yesteryear the recourse on its cessation.”

Conseil d'État

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

This council deals alongside a multifariousness 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 club if at that topographic point 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 in i lawsuit expressed his views that at that topographic point 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 piece dealing alongside the state on whatever effect does non stand upward on the same solid set down equally that on which he stands inwards dealing alongside his neighbor, moreover, the Government as well as his officials are independent as well as gratis from the jurisdiction of ordinary courts.
3. Despite these drawbacks, the Droit Administration has been quite successful inwards subjective Rule of law, inwards France.