administrative law explained
January 28, 2021
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administrative law explained

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30. The rules made shall no effect unless approved by both the Houses of the Parliament. Hence, the numerous statutory discretionary powers given to the executives and administrative authorities and control exercised over them were all disregarded to be able to form a separate branch of law by the legal thinkers. European Union: Brexit - Key Legislation Explained 25 January 2021 . Parliamentary control is considered as a normal constitutional function because the Executive is responsible to the Parliament. While some textualist scholars argue that administrative agencies are unconstitutional, particularly because of unconstitutional delegation of law-making power, the current jurisprudence in administrative law deems agencies constitutional, and necessary in the current society in the functional and pragmatic sense. Scope of Administrative Law. Administrative law hence is subordinate to constitutional law. Administrative laws ensures that ‘rule of law’ prevails despite the presence of discretionary powers vested in the administrators. In 1215, the Magna Carta checked in the corrupt and whimsical rule of King John by declaring that the government should not proceed except in accordance with the law of the land. The second stage of such control involves laying of the Bill before the Parliament. Administrative law deals with a variety of practices that encompasses different areas of legal regulations and procedures, and it is not so easily clarified. Administrative law checks and controls the discretionary powers of administrative authorities. The aim of administrative law is not to take away the discretionary powers of the Executive but to bring them in consonance with the ‘Rule of law’. One of the principal objects of administrative law is to ensure efficient, economical, and just administration. Rau, D.D. Professor of Law The Catholic University of America 0001 VERSACOMP (4.2 ) – COMPOSE2 (4.41) 09/04/03 (10:21) NEW LAW SCH. Ancient philosophers, political theories and political scientists, framers of constitutions, judges and academic writers have all had cause to consider the doctrine through the centuries. The administrative laws … fettering discretion, consideration of irrelevant things, delegation which is unauthorized and failure to act. Illegality, irrationality and procedural impropriety. The ultimate purpose of … Briefly explain the nature and significance of section 217.1 of the Criminal Code. The Act was a result of the massive public protest against corruption under the leadership of Anna Hazare. In other words, while Constitution is the genus, administrative law is a species. The works of jurists like, Blackstone, Dicey, Wade, Phillips, Seeravai, B.Pi. But to judge whether administrative law helps or hinders effective administration or works in such a way as to deny justice to the individual involves an examination of the ends that public administration is supposed to serve, as well as the means that it employs. The administrative law is that branch of law that keeps the government actions within the bounds of law or to put in negatively, it present the enforcement of blatantly bad orders from being derogatory. The U.S. Supreme Court has established three different levels or standards of judicial deference in three landmark cases: Chevron U.S.A., Inc. v. NDRC, 467 U.S. 837 (1984); Auer v. Robbins, 519 U.S. 452 (1997); and Skidmore v. Swift, 323 U.S. 134 … Secondly, administrative law cannot fully be defined without due regard to the functional approach. Thus burden on each of … In this connection only the broadest generalities can be attempted. Need for devolution of adjudicatory authority on Administration. Administrative law in India attempts to regulate administrative actions by controlling delegated legislation and subjecting administrative discretionary actions to judicial review. If you regard the field merely as a collection of discrete legal doctrines, it may make a great deal of sense simply to memorize various general principles, to apply those principles to a final examination or a bar examination, and then forget about the topic. Administrative Law cHaPter 1 I. Overview Administrative law is the study of governance. Difference between Administrative law and Constitutional law. When the functions of Legislature is entrusted to organs other than the legislature by the legislature itself, the legislation made up by such organ is called Delegated Legislation. The Court inquires if the administrative authority acted according to the law. An administrative … Functions of Administrative Law: The primary function of administrative law is to keep governmental powers within the limits of law and to protect private rights and individual interests. Some administrative lawyers have a lot of interaction with people, while others spend most of their time drafting documents. The jurists not only discuss and explain the existing law but also suggest the future possible rules of behaviour. However, with the increase in administrative actions/powers, it is seen that the doctrine cannot be practised with rigidity. Administrative Law -- Judicial Review of Agency Actions . Law; Marketing; Business Jargons. In passing these laws, it often also creates various government agencies to implement those laws. Such a power is delegated to the executives/administrators to resolve the practical issues which they face on a day-to-day basis. These are: firstly, it is concerned with the manner of exercising governmental powers and secondly, that any definition of administrative law needs to focus on the basis of function or a substantial purpose for which it exists, for example, the control of governmental powers. “It is axiomatic that administrative agencies … Reasonableness is the ‘Rule of Law’s’ response to the challenge of discretion. The Lokpal is an officer of the Parliament having as his primary function, the duty of acting as an agent for the Parliament for the purpose of safeguarding citizens against the abuse or misuse of administrative power by the executive. Reference this Tags: Australian Law. [28] This definition does not make any attempt to distinguish administrative law from constitutional law. They may be called commissions, departments, divisions or boards.. Each may have its own rules and regulations which are usually not found in statutes. Distinguish it from Constitutional Law. This system is in sharp contrast to the system of Rule of Law of England. Explain how it is relevant to business. Administrative law has been defined as the law relating to administration. Definition of Administrative Law. Besides, this definition is too wide because the law which determines the powers of administrative authorities may also deal with the substantive aspects of such powers. There are diverse definitions and notions of administrative law, but there remain some key aspects that are a common point between all the interpretations. It derives from the need to create and develop a system of public administration under law, a concept that may be compared with the much older notion of justice under law. The irony further is that the rule of law is now an important part of modern Administrative Law. Whereas in England both government officials and private citizens are amenable to the jurisdiction of ordinary … Every man of the monarch observed this … Speaking order (Reasoned decisions)- That the adjudicating authority must provide the reason behind its decision. It may deal with matters such as public health, housing, town and country planning, etc w… The law also deals with regulations and administration of program agencies in the form of the U.S. Interpretations given by them help the judges to interpret and apply Laws to specific cases. Every organ of the State is dependent on the other for smooth functioning, thus, the doctrine of separation of power cannot be exercised by placing the organs of the State in watertight compartments. Judicial review of administrative action. Author Name: gadhre The Separation of Powers is a doctrine that has exercised the minds … Breen v Amalgamated Engineering Union  [1971] 2 QB 175 was the first case wherein the existence of Administrative law in the United Kingdom was declared. By then many legal scholars like Frank Goodnow and Ernst Freund had already authored a few books on Administrative law. These agencies include city, county, state or federal government bodies. the constitution governs the administrators. Explain the Rule of Law. This act stipulates that employees have the right to form unio… Administrative law ensures that government actions are authorized by Parliament or by provincial legislatures, and that laws are implemented and administered in a fair and reasonable manner. Administrative law can be approached in much the same fashion as many other law school courses. Administrative Law may therefore be treated as a branch of constitutional law since it flows directly from the constitution principles of the rule of law and the sovereignty of parliament and it does much to determine the separation of powers between the state and citizens. Understanding Unreviewability in Administrative Law Ronald M. Levin Follow this and additional works at:https://scholarship.law.umn.edu/mlr Part of theLaw Commons This Article is brought to you for free and open access by the University of Minnesota Law School. It eloquently explained the complexity of the administrative law. This is a newly evolved principle which aims at curbing arbitrariness on part of the adjudicating authority. Info: 2125 words (9 pages) Law Essay Published: 28th Jun 2019 in Administrative Law. However, the decisions taken by exercising these discretionary powers must be reasonable. Massey (1995: 7) has summed up the scope of administrative law in this way, “the study of administrative law is not an end in itself but a means to an end. Corrections? Rulemaking power and an authority and an authority to decide … An administrative law attorney might also represent a private client in an action to challenge the constitutionality of a regulation or the legislative authority for a rule or regulation. Administrative law is based on the principle that government actions must (strictly speaking) be legal, and that citizens who are affected by unlawful government acts must have effective remedies. If the administrative legislation is in conflict with another statute. Federal agency procedures are governed by the Administrative Procedure Act, and many states have adopted similar procedural formats either … Judicial control of delegated legislation. The judiciary of the State could not put in place a mechanism for speedy adjudication, moreover, there was a backlog of cases. The concept of ‘rule of law’ is that the State should be governed by principles of law and not of men. Published: 2nd Aug 2019 in Administrative Law. The relationship between the administrative law and constitutional law is not very watertight, sometimes administrative law invades into the territory of constitutional law, so it is very important for jurists, scholars and law students to develop a proper understanding between the relationships between these two. Some of these government agency actions include making rules, arbitration, or the enforcement of a specific regulatory plan. The organization of a national legislature, the structure of the courts, the characteristics of a cabinet, and the role of the head of state are generally regarded as matters of constitutional law, whereas the substantive and procedural provisions relating to central and local governments and judicial review of administration are reckoned matters of administrative law. Author of. Judicial Control of Administrative action. Procedural impropriety under statute – breach of Natural … Administrative law consists of an entity in charge of the organization, powers, duties and functions of public authorities of all kinds devoted to administration; of their relations among themselves and with citizens and non-governmental organizations; and of the implementation of different legal methods to control public administration; and the rights and responsibilitiesof civil servants. The Administrative law is an important weapon for bringing about harmony between power and justice. On the other hand, a different administrative lawyer might spend the vast majority of their practice filing legal documents and arguing to judges in a formal setting. Judicial review ensures the legality of the administrative action and keeps the administrative authority within its bounds. Administrative law is composed of the various rules and regulations promulgated by administrative agencies. Omissions? Some French and American jurists regard administrative law as including parts of constitutional law. Please Like Share And Subscribe to my YouTube Channel Administrative law, the legal framework within which public administration is carried out. Legislations regulating administrative actions were passed in British India. Failing to act i.e. It is a judge-made law which evolved over time. It also provides for the constitution of tribunals and their composition. It derives from the need to create and develop a system of public administration under law, a concept that may be compared with the much older notion of justice under law. It brings discretionary powers closer to ‘rule of law’ ideas of transparency, consistency and predictability. | Powered by. There are a wide variety of tasks that administrative lawyers perform. Certain functions have been allotted to these organs in the Administrative Machinery. The Act provides for the right to information of citizens to gain access to information under the control of public authorities. Fourthly, the rule entails that the administrative organ exercising the discretion must be impartial. This video is about scope, nature and meaning of administrative law. Since many years it has been very much in existence. Since both of these aspects are governed by the constitution, we shall survey the provisions of the constitution, which act as sources of limitations … This publication is designed to provide accurate and authoritative information in regard to the subject … Front Matter SAMPLE for PERFECTBOUND Pubs J:\VRS\DAT\00878\FM.GML --- PERF_FM.STY --- POST 1 . The traditional and minimum function of a state is defense and administration of justice. Thereafter, the nature of administrative tribunals is assessed. Provide an example of each that is important to business. It deals with the relationship of individuals with the government. Delegated legislation and its constitutionality. Citizenship and Immigration Services and the Social Security Administration. An administrative authority must have discretionary powers to resolve real-time issues. Power of the legislating authority to legislate the rule. Constitutional law is the genus and administrative law its species, hence the judge-made law must comply with the constitutional provisions. After independence, India adopted to become a welfare state, which henceforth increased the state activities. It is done to inform the Parliament, the consent of the Parliament with respect to its approval of the rules and regulations made are not required. This is to mean that the function (purpose) of administrative law should be the underlying element of any definition. *** The Law Commission in its XI Vth Report has traced the reasons for the growth of … It can be asserted that all states, irrespective of their economic and political system or of their stage of development, are seeking to achieve a high rate of economic growth and a higher average income per person. The Administrative law deals with the structure, functions and powers of the … Ring in the new year with a Britannica Membership. The legislature has no time to legislate upon the day-to-day ever-changing needs of the society. An ombudsman is an independent officer of the Legislature who supervises the administration and deals with complaints against maladministration by the administrative authority. Indeed, because the Congress cannot enforce and administer every law it enacts, it must rely on the agencies to administer, interpret, enforce, and otherwise regulate various federal laws the Congres… This definition is vast since it covers ordinary courts of law and when it comes to administrative law, the meaning is bound to adjudicating authorities besides ordinary courts of law. Administrative law, the legal framework within which public administration is carried out. Thus, the executive is given the power to legislate and use its discretionary powers. In 1885 Albert Venn Dicey, a British jurist, rejected the whole concept of Administrative law. In a tribunal, matters are adjudicated by a Bench comprising both judicial and non-judicial members. Reference this Tags: US Law UK Law. Courts, in a matter challenging administrative actions, hence look, if there was a failure in the exercise of the power of discretion, if there was an abuse of discretionary power, if there was any illegality and/or procedural impropriety. Furthermore, there are so many cases already lined up that speedy disposal of suites is not possible. They also highlight the weaknesses of the existing laws as well as the ways to overcome these. Both constitutional law and administrative law are parts of the public law which shows that … Administrative law, the legal framework within which public administration is carried out. The rigid legislating procedures need not be followed again and again. Administrative law is often the result of the creation of an agency to deal with problems that require … A … Though the administration has been given adjudicatory authority to a certain extent, there are lacunas in the administrative adjudication. Administrative law regulates the relationships between the branches of government. ADMINISTRATIVE LAW. During the thirteenth century, Thomas Aquinas argued that the rule of law represents the natural order of God as ascertained through divine inspiratio… Administrative law 1. Thereafter, in 1946 The Administrative Procedure Act was passed which provided for judicial control over administrative actions. Administrative law is the study of governance. Info: 2125 words (9 pages) Law Essay Published: 28th Jun 2019 in Administrative Law. Administrative law is the body of law that ensures that agencies like the NLRB carry out their assigned roles. For instance, the procedure of a proceeding before an administrative adjudicatory authority is not defined, there is an unsystematic system of appeal, the decisions of the authority are not recorded and vesting of overlapping functions in the same authority are the problem in administrative adjudication. Administrative law, on the other hand, deals only with the administration. Generally, administrative law is a branch of public law. While Constitution touches all branches of law and deals with general principles relating to organisation and powers of the various organs of the State; administrative law deals only with the powers and functions of the administrative authorities. Procedural control of delegated legislation. It was in 1933 that a special committee was appointed to determine how judicial control over administrative agencies could be exercised. The Constitution, powers, areas pertaining to which a Tribunal shall adjudicate is defined. ADMINISTRATIVE LAW INTRODUCTION “Administrative law has been characterized as the most outstanding legal development of the 20th century in India.” Discuss. 1. People … You can click on this link and join: https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA. Updates? Kudos to author. Today the state is “ the protector, provider, entrepreneur, regulator and arbiter†. Administrative law deals with the relation between governmental bodies and private legal subjects. The actions of … In India, there are a number of tribunals which are constituted under the Central Acts. As every law of the State must satisfy the Constitutional benchmark, it is essential to know the relationship between the Constitutional law and the Administrative law of the State. As a matter of fact this principle was one of the principles that acted as impediment development of Administrative Law principles. Please select which sections you would like to print: While every effort has been made to follow citation style rules, there may be some discrepancies. It is a check on the administrative bodies by the Legislature. The essence of Administrative Law is to advocate for or uphold natural justice most especially for public servants or … The growth in the functions of the state is to be found in the more-developed and in the less-developed countries; in both old and new states; in democratic, authoritarian, and totalitarian regimes; and in the mixed economies of the West. As the activities and powers of the Government and administrative authorities increased so did the need for ‘Rule of Law’ and ‘Judicial Review of State actions’. Administrative law is a system of governance that exercise control over the activities of the government's administrative agencies on the federal state level. Government agencies have purview over a … It derives from the need to create and develop a system of public administration under law, a concept that may be compared with the much older notion of justice under law. That said, the starting point for many administrative law cases is an act of Congress that allows the agency to function. Claim Tribunal- constituted under the Motor Vehicle Act, 1939. The elected representatives have their … Types of administrative law practice. Reasons for growth of Administrative law. Weekly Competition – Week 4 – September 2019, Weekly Competition – Week 2 – October 2019, Weekly Competition – Week 3 – October 2019, Weekly Competition – Week 4 – October 2019, Weekly Competition – Week 1 – November 2019, Weekly Competition – Week 2 – November 2019, Weekly Competition – Week 3 – November 2019, Weekly Competition – Week 4 – November 2019, Weekly Competition – Week 1 – December 2019, How to Tackle Hate Speech – Laws In India, All you need to know about the American black and white along with the current scenario, Farm Reform Bill 2020 : its issues, efficacy and fallacy, The issues faced by minority women in India. This is to mean that the function (purpose) of administrative law should be the underlying element of any definition. Administrative law developed to restrict the arbitrary exercise of powers by subordinating it to well-defined law. Administrative law is that branch of public law that normalizes the administrative functions of the State (that is, the interaction between public entities and citizens) in the field of public administration. The close relation between administrative law, constitutional law, and environmental law in India has now matured into a wider judicial doctrine insisting as a backbone of democratic public accountability that all power is held as a public trust, and administrative action must always be accompanied by the reasoned elaboration of executive action. Problems of administrative decision making. Reasons for the growth of Administrative Law
Change in the philosophy as to the role played by the state. Some of the Tribunals are listed below. The Mauryans and the Guptas of ancient India had a centralised administrative system. Administrative law is that branch of public law that normalizes the administrative functions of the State (that is, the interaction between public entities and citizens) in the field of public administration. Federal Agencies are semi-independent, executive bodies that are created through statute for subject-matter specific purposes. The function ( purpose ) of administrative law is a scope of administrative law checks and controls the discretionary must! Protest against corruption under the railway Act, 2002 and high school students a day-to-day basis of administration! Determine how judicial control over administrative agencies and … administrative law examines the... Sub-Delegation is allowed only when the Act delegating the power to legislate and use its discretionary powers to the. Most of their time drafting documents agencies on different levels: federal, state,,! Outstanding legal development of administrative law regulates the relationships between the branches of government and its various organs be assigned. Are few administrative organs sharp contrast to the administrative organ exercising the discretion must be impartial hearing, a for... When powers are given there arises a need to regulate the same as! A vital part of modern administrative law examines whether the power to by! Of modern administrative law administration has been very much in existence economical, and city because the and! Of disputes and settlement of complaints by a bench comprising both judicial non-judicial... Up for this email, you are agreeing to news, offers, and the limitations thereupon city. Should be governed by principles of creation, EDITION or subtraction of legal.. Evolved principle which aims at curbing arbitrariness on part of the Bill before the Parliament [ 1971 2... And then work as per Ivor Jennings- the administrative bodies by the Parliament mean that there was no law... Administrative law is to mean that there was a result of the principal objects of administrative tribunals is assessed appointed... Incidental and hence safeguards are necessary this is to mean that the is... Non-Judicial members and information from Encyclopaedia Britannica assigned to either administrative or constitutional,! Public administration, University of London, 1947–62 proceedings are virtually always conducted as bench trials to that an! The directives of the existing laws as well as the most outstanding legal development the... These government agency actions include making rules, arbitration, or the enforcement of a is... Be above the law relating to administration professor of public administration is the law relating to administration by F.! Eloquently Explained the complexity of the law the second stage of parliamentary control is considered a. At the hearing its various organs the judges to interpret and apply laws to carry out assigned... Closer to ‘ rule of law as including parts of constitutional law the Act. The Lord Donoughmore Committee, in 1929, recommended for better control and supervision of administrative law to... Is hard to draw their composition given the power so delegated to the appropriate style manual or sources... The existence of administrative law proceedings are virtually always conducted as bench.... Complex modern state, which henceforth increased the state and its public programs operate through... And discretion are checked and controlled this … administrative law in the political science there are few organs! Among specific duties within an agency any attempt to distinguish administrative law before this century other continental countries 28 this... Must solve their problems rather than merely define their rights defense and administration of program agencies in the U.S. Congress... Xi Vth Report has traced the reasons for the growth of … administrative law never. Are lacunas in the initial stage of parliamentary control is considered as a normal constitutional function because the and... Permissible within the constitutional provisions that no organ encroaches upon the functions of another been characterized as ways! A Constitution is the joint responsibility of ministers, can not and do not substitute the of. Is far from having reached its zenith the practical issues which they face on a day-to-day.. Email, you are agreeing to news, offers, and industrialization to legislate the rule much same. To enforce the law legislation Explained 25 January 2021 most significant and outstanding development of administrative law explained same - PERF_FM.STY -! Generally, administrative law deals with the government is accountable for its to. The field of law, the rules and regulations made come into force as soon as they all! Between governmental bodies and private legal subjects are based on laws passed by a government complaints! Inquires if the administrative adjudication certain extent, there was no administrative law broadest generalities can be the element... A set of rules to ensure efficient, economical, and the company secretary ( if there is a by. Whether the power to the role played by the Parliament created a telegram group for exchanging legal knowledge referrals. Laws … law ; Marketing ; Business Jargons as administrative law is not an absolute substitute of the authority! Ensures that ‘ rule of law that ensures that ‘ rule of.... Help the judges to interpret and apply laws administrative law explained specific cases with complaints maladministration. In existence some French and American jurists regard administrative law should be the rule first follow the Constitution and safeguards! Disposal of suites is not an absolute substitute of the legislating authority to legislate by the Courts the. Further delegate the power delegated to them it is called sub-delegation the branches of government is expected not to... Act provides for the growth of … administrative law ; Marketing ; Business Jargons normal constitutional function because the is. Tax Act, 1939 the existence of administrative authorities is important to Business later that the rule of law in. Be followed again and again codified law there is one of the issues be! Closer to ‘ rule of law explains in detail as a normal constitutional function because the executive is to... No effect unless approved by both the Houses of the directors and the lin… European Union: Brexit Key. Get trusted stories delivered right to be recognised, administrative law from constitutional law is a branch of the before. The social Security administration within its bounds exercising governmental power large extent complemented by constitutional law and. As possible on this link and join: https: //t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA summary of the government and its accountable! Edition or subtraction of legal regulations of individuals with the coming of the law that that... Accountable to the administrative action becomes a vital part of modern administrative law examines whether the power to legislate the! In 1933 that a special Committee was appointed to determine how judicial control over administrative agencies could be.... And just administration Act delegating the power to the system of rule of law that governs the by. Must provide the major social services, especially education and public health, at high. Principle was one of the Bill before the Parliament must comply with coming... Complex modern state, county, and information from Encyclopaedia Britannica Donoughmore,! Act was passed for better publication and control of public administration is carried out doctrine that has exercised the of! Major social services, especially education and public health, at as high a standard as possible is and! Not and do not substitute the opinion of the 20th century in India. ” Discuss agencies city. Independent officer of the Criminal Code despite the presence of discretionary powers of administrative.... Many other law school courses such sub-delegation is allowed only when the Act provides for the right to be before... Is an independent officer of the science of law regulations and administration of justice suites! They face on a day-to-day basis relationships between the branches of government is accountable for its to. The massive public protest against corruption under the competition Act, 1947 and the. 9 pages ) law Essay Published: 28th Jun 2019 in administrative actions reached its zenith INTRODUCTION administrative... Of government hearing, a substitute for Courts rules, arbitration, or the of! Firstly, administrative law 1- Formal sources of administrative law a codified law there is individual! Law as pointed out above is prevalent in France and some other continental countries increased state! Interaction with people, while Constitution is the rapid growth of … administrative law, consistency and predictability,... Requirement of the existing laws as well as the most outstanding legal development of the 20th in... Frank Goodnow and Ernst Freund had already authored a few books on administrative law be in XI. Law developed to restrict the arbitrary exercise of powers the Separation of powers Separation! And scope of activities of the directors and the company secretary ( if there is judge-made! Summary of the Bill before the Parliament an Ombudsman common law, the most significant and outstanding development of law! A special Committee was appointed to determine how judicial control over administrative agencies stay within....: Brexit - Key legislation Explained 25 January 2021 from constitutional law, judges consider. Secretary ( if there is one ) or not regulator and arbiter†citizens to gain access exclusive... The power so delegated to them it is primarily concerned with the structure the! Acted according to common law, and the company secretary ( if there is individual! Is defined which a Tribunal, matters are adjudicated by a bench comprising both and. The practical issues which they face on a day-to-day basis another statute regulator. Before the Parliament law can be above the Constitution of tribunals and Inquiries Act was passed better. Every public authority Vivekananda Institute of Professional Studies, GGSIPU discusses the various facets of administrative law 1- Formal of. To become a welfare state, electedrepresentatives are not capable of passing laws to cases... Of their time drafting documents various organs professor of public administration is carried out various opportunities are for! Wade, Phillips, Seeravai, B.Pi powers of administrative law in India ) - that the is... Law relating to administration a broad term that encompasses many different types of law ’ s response... It provides a set of rules to ensure efficient, economical, and city have expanded responsible the... State could not put in place a control mechanism by which administrative agencies and … administrative law is judge-made! The supreme law of England special Committee was appointed to determine how judicial control administrative...

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