DOI: 10.5176/2251-2853_3.1.137
Authors: U.A. Thaksala Udayanganie
Abstract:
In the context of administrative law, public authorities are given powers either explicitly or implicitly by parliamentary Acts. Therefore public authorities should exercise their powers within the four corners of the Act. The grounds of judicial review are important in this context and up to date judicial review of administrative action has acquired many developments in its application. Though the doctrine of Ultra Vires was considered as ‘the central principle of administrative law’ it has moved from Ultra Vires rule to concern for the protection of individuals and for the control of power rather than powers or vires”. Therefore the present tendency is to uphold the principles of good administration. Achieving this purpose, the ‘requirement of “fairness” is used in its various guises ,and it prohibits the fettering or delegation of discretion, abuse of power, arbitrariness, capriciousness, unreasonableness, bad faith, breach of accepted moral standards and so on’.2In addition a practice has developed where the principle of legitimate expectations is used as a ground for questioning the actions of administrative authorities.
On the other hand, the administrative law in Sri Lanka relating to judicial control has developed several principles such as proportionality, legitimate expectation, public trust doctrine and right to equality. There are two ways of challenging the discretionary power of public authorities: writs and fundamental rights. Unlike UK, judicial review in Sri Lanka is based on the constitution.4In this context, it is clear that Dawn Oliver, “Is the Ultra Vires Rule the Basis of Judicial Review?” ,Christopher Forsyth, Judicial Review and the Constitution,[ Hart Publishing-2000],p.543 Ibid Pierson vs. Secretary of State for the Home Department [1997]3 A.E.R.577 “Our Courts have been mindful of the need to protect not only the rights but even the legitimate expectations of the people, and have not forgotten that the power of judicial review is derived from the sovereignty of the people” –infra 46 ,p.24 traditional ground of judicial review has been changed both in Sri Lanka and the United Kingdom.
In this backdrop, this paper seeks to analyze the development of administrative law in UK and the influence of European Administrative Law jurisprudence on the public law of the UK, second republican constitution and its influence on judicial control of administrative action in Sri Lanka, Sri Lankan judicial attitude towards expanding scope of the control of administrative action, and expand the judicial control through the interpretation of the constitutional provisions.
Keywords: Judicial review, Constitutional underpinnings, Constitutional interpretation, Rights based approach
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