ADMINISTRATIVE JUDICIARY IN USA

A rough research proposal submitted in partial fulfillment of the course

Administrative Law, Semester VI during the academic year 2018-19

Submitted by-

C. Monica

Roll No. - 1617

B.B.A. LLB

Submitted to-

Dr. Ali Mohammad

February, 2018

Chanakya National Law University,

Mithapur, Patna, 800001

Introduction
The existence of administrative courts in the counties of continental Europe is familiar
knowledge to all, and so also is the fact that through these courts the private citizen is greatly
aided in his controversies with the State and its officials, that he finds there a jurisprudence and a
procedure more advantageous to him than those of the regular courts, that is, both rights and
remedies which the regular courts are unable to afford him. This is especially noticeable in
France where the jurisdiction of the administrative courts is more extensive than elsewhere, and
the knowledge of these facts has led either to suggestions of establishing in USA administrative
courts framed on the French model, or at least to expressions of regret that in the absence of such
courts we were deprived of their beneficial jurisdiction. Let us consider, therefore, whether or
not it would be desirable to attempt to establish in this country administrative courts similar to
those of France, namely, courts which should have jurisdiction over claims of private individuals
against the State, both in contract and in tort, and over questions relating to the legality of acts of
officials, and whose members should be administrators rather than judges. Claims against
officials personally, we will assume, are to be left, as in France, to the jurisdiction of the regular
courts.

Objective of the study-This project seeks to analyze the proper field for the development of
administrative courts in the United State and then to outline briefly the need for such courts which
actually exists and the functions which they should be expected to perform.

Hypothesis- The action of our regular courts in their protection of the rights of the individual against the
state and its officials is not satisfactory, and indeed falls far short of what it should be and so there lies a
need to establish administrative courts.

Research Methodology- The researcher would like to follow doctrinal methodology using both the
primary as well as the secondary sources collecting data.

Scope of the study- The researcher focuses on certain suggestions which have been made looking
towards the introduction of administrative courts in USA, and also will try to outline briefly the need for
such courts which actually exist and the functions which they should be expected to perform.

Tentative Chapters

CHAPTER 1: Introduction
CHAPTER 2: Tendency already manifest for Administrative Courts in USA

CHAPTER 3: Desirability and Non desirability

CHAPTER 4: Benefits and costs of Specialized Courts

CHAPTER 5: Comparison of Federal Adjudicatorst

CHAPTER 6: Conclusion and suggestions

Bibliography

 C.K. Takwani, “Lecture on Administrative Law”, 3rd Ed. , 1998.

 S.P. Sathe, “Administrative Law”, 6th Ed.”, 1999.
 M.P. Jain and S.N. Jain, “Principles of Administrative Law ”, 1986.
 O. Hood Philips & Paul Jackson, “O. Hood Philip’s Constitutional & Administrative Law”, 6 th
Ed., 1978