“The Red light theory and the Green light theory portray contrary views as to the extent and object of Administrative law.” illustrate & explain
Introduction:
The Red light theory and the Green light theory portray contrary views as to the extent and object of Administrative law, here Red light theory says it is aim of administrative law as being to control the state activities as to protect of the individuals and Green light theory says it is an administrative law as existing the state meets certain policy objectives and administrative law is considered a branch of public law, it deals with the decision-making of administrative units of government. So an administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies (for example, tribunals, boards or commissions) to regulate the increasingly complex social, economic and political spheres of human interaction.
Law:
Law is the system or set of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties like shooting the birds is against the law they were taken to court for breaking the law.
State:
State refers to the present condition of a system or entity, or to a governed entity (such as a country) or sub-entity (such as an autonomous territory of a country). A state is more than a government. Governments change, but states don’t change. It is the means of rule over a sovereign territory.
The Red Light Theory:
The Red Light Theories are those which have an aim of administrative law as being to control the state activities as to protect of the individuals. Here placing the court is the center of constitution. Court ruling different rules and regulations to protect of the individual.
The Green Light Theory:
The Green Light Theory says it is an administrative law exits the state meets certain policy objectives. It is tend to minimize the role of the courts and underplay the existence of general principles. It wants to encourage efficiency in the governing process and policy making.
Administrative Law:
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making of administrative units of government that are part of a national regulatory scheme in such areas as police law, international trade, broadcasting, the environment, manufacturing, taxation, immigration and transport.
Objectives of Red Light Theory:
The aim of administrative law as being to control the state activities as to protect of the individuals, it means an administrative law must be set for providing individual’s or people’s security or protection. Under an administrative law are set only to ensure how people are more secure. If people affected by any crime or unsafe situation, this administrative law will implement for judgment and punishment. Here court sets those different acts (rules and regulations) for administration and court can judge the crime and punish, if it is proved. And this process is set for protection of an individual.
For example,
Fear is good. If from this fear, Supreme Court decision that gives all Bangladeshis’ has the right to own guns. It helps protect us. But getting guns is risky. So this decision would not be right. It is stunned to find that the decision is hardly the blanket protection for gun ownership that the National Rifle Association and adamant gun rights people claim and it is the sweeping defeat that those who want gun control lament. It offers some real hope that a reasonable middle ground may be possible as Bangladesh gropes in these polarized times for a solution to gun violence that protects the rights of gun owners and public safety. So it is said that administrative law must be set for providing individuals or people’s security and protection.
Law is superior over politics. For example, Hortal is a political activity of a political party. It is essential for opponent party to create protection against government. But when opponent party calls hortal frequently, it creates different problems for different sectors. Education system hampered, business can not run, transportation system collapse, general public face different problem regular living standard also hampered. So it has no doubt that hortal should not the only solution to create protection against government. In this situation law should be emphasize over politics.
Objectives of Green Light Theory:
An administrative law as existing the state meets certain policy objectives it is tend to minimize the role of the courts and underplay the existence of general principles and it wants to encourage efficiency in the governing process and policy making. Those policies a government should follow, an administrative law must indicate those policies because it basically comes down not to resisting interventionism, but to make the policy efficient and provide justice for individuals. This policy making system does not want the courts to interfere with functions allocated by statute as this is to substitute in the court for the rightful decision maker.
The red light theory focuses that law is merely a type of political discourse and is not superior to administration and public administration is not a necessary evil but a positive good. Administrative law is not to stop bad practices but to promote and facilitate good administrative practices and that rule based adjudication is not necessarily the best way to do this and liberty is to be promoted, but liberty in a collective sense.
In general, the objective for the media sphere is to support freedom of expression, diversity, the independence and accessibility of the mass media, and to combat harmful elements in the mass media. Media always follow some general rules and regulation and must remain neutral for individual. For example, in a garment where thousand female employee works, suddenly for fire explosion two hundred workers died but sometimes it seems that media can not telecast the actual news because of some political and power enforcement.
The public administration is not a necessary evil but a positive good. Administrative law is not to stop bad practices but to promote and facilitate good administrative practices and that rule based adjudication is not necessarily the best way to do this and liberty is to be promoted, but liberty in a collective sense. The liberty that is only possible through interventionist government action against homelessness. But sometimes politics are superior to administrative law because of the bad implementation of political power. And the court never stops this bad practice by ruling administrative law.
For example, In Bangladesh, there are some government retirement laws rules and regulations for everyone that over 65 years person must take retirement. This situation it is considered that he/she is not able to serve our country properly. In 2009, the chairman of Gramen bank, Dr. Mohammad Youns was 67 years old. The government say that he is unable to lead Gramen bank because government did not want him as a chairman of Gramen bank. That’s good. But this is a bad implementation of political power when a 80 year old men was set for president of Bangladesh to lead the whole country. But law says “law is equal for everyone”. Is it not political powers superior to administrative law?
A government’s state their objectives vary in each country. But most objectives can be classified as falling into one of five broad groups:
· Independence objectives
· Economic efficiency objectives
· Resource conservation objectives
· Stability objectives
· Equity objectives.
Bangladesh’s independence objectivesare concerned with obtaining and preserving a satisfactory degree of political and economic autonomy and independence implies that neither depends on foreign aid to meet the basic needs of its population nor is susceptible to external political interference. Bangladesh’s economic efficiency objectives are concerned with increasing the level of real national income and its growth rate over time and it is a very complex concept and only some aspects of it will be discussed in this manual. Our government intervention often distorts these signals, resulting in a mix-allocation of resources within the economy. Bangladesh’s resource conservation objectives are concerned with preserving the natural resource base in order to ensure long-term efficiency. Bangladesh’s stability objectives are concerned with avoiding abrupt and large changes in incomes, in the price and availability of domestically produced basic commodities and inputs, and in the consequent need for foreign exchange to buy essential imports. Bangladesh’s equity objectives are concerned with the fair distribution of income and wealth within society. So it is said that it is an example of an administrative law as existing the state meets certain policy objectives and is tend to minimize the role of the courts and underplay the existence of general principles. But the red light theory says that those policy objectives are not superior over administrative law.
Objectives of Administrative Law:
The laws of a society are a set of rules and principles that determine a system of society’s do and don’ts, and the institutions that legislate and enforce the laws. The Administrative Procedure Act is the governing law for federal administrative agencies. Most states also have their own governing law for their state administrative agencies. These laws allow for the creation of the rules and regulations, as well as the procedures necessary for those unhappy with the agencies or their decisions to seek remedies via appeal or complaint. They are carried out with the same authority as the more well-known statutory laws, and so, as with other areas of law, the skills of an experienced administrative law attorney are often required.
The public’s need for a professional in the administrative law practice area generally exists when dealing with governmental agencies that provide some type of specific public benefit or aid to individuals, and particularly when the benefit might be or has been terminated, limited or outright denied. When an individual wants to appeal an administrative law decision or determination, he must exhaust all of the options provided by the agency first, before he may proceed to a non-administrative court.
An administrative law is implements following sub-section like:
Bankruptcy law, Boating Regulations, Business law, Children and the law, civil lawsuits, cicil rights, Computer security law, customer right and protections, contract law, crime, criminal law, Divorce
And marriage law etc.
Agencies are authorized to enforce their regulations, so they also perform an adjudicatory function. For example, the Bangladesh Government delegates authority to issue regulations to independent agencies like ‘Dudok”. Similarly, state legislatures delegate authority to issue and enforce regulations to state agencies and state departments. Local governments delegate authority to issue and enforce regulations to local bodies.
The delegation of power by congress to an agency (Dudok) to issue regulations interpreting a statute extends only to the extent of ambiguities in the statute[1]. For example, the procedural standards for agencies (Dudok) are set out in the Bangladesh Administrative Procedure Act. Most states have also adopted administrative procedure acts. These standards control the process used by the agency in adopting regulations, which are generally more specific and detailed than laws, and in enforcing its regulations.
Dudok has authority to adopt rules and regulations. These rules and regulations have the force and effect of law. The rulemaking process consists of public notice of proposed rules, followed by a period of public comment and input about the proposed rules. The Dudok then adopts a final rule or regulation after considering the public’s input.
Conclusion:
So it is said that the main object of Administrative law is the operation and control of administrative authorities. Administrative law deals with the structure, powers and function of the organs of administration, the limits of their powers, the methods and procedures followed by them in exercising their powers and functions. The Red light theories are implementing on the state activities as to protect of the individuals and Green light theories are implementing on the state meets certain policy objectives and decision-making.
References:
Administrativnoe pravo. Edited by A. E. Lunev. Moscow, 1967. (Textbook.) Kozlov, Iu. M. Predmet administrativnogo prava. Moscow, 196
Davis, Kenneth Culp (1975). Administrative Law and Government. St. Paul, MN: West Publishing
Friends of the Boundary Waters Wilderness v. Bosworth, 437 F.3d 815 (8th Cir. Minn. 2006)
Harlow & Rawlings, Law and Administration (2nd edn., 1997) , pp. 1-4, chs. 2-4 (Outline
of Theories)
Online links:
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[1] Friends of the Boundary Waters Wilderness v. Bosworth, 437 F.3d 815 (8th Cir. Minn. 2006)