Question

Administrative law is the law relating to the control of governmental power. Who said?

• A. K.C. Davis
• B. Wade
• C. Ivor Jennings
• D. Garner

Hint:

Wade's definition is considered "red light" oriented because it emphasizes controlling and limiting state power through the courts, as opposed to definitions that focus on the facilitation of public administration ("green light" theory).

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks to identify the legal scholar who defined administrative law as "the law relating to the control of governmental power."

Step 2: Key Legal Principles and Approach:
Various legal scholars have defined administrative law differently based on their constitutional perspectives (e.g., Albert Venn Dicey, Sir Ivor Jennings, Kenneth Culp Davis, and Sir William Wade).
We must recall the specific definition formulated by the leading British authority on the subject.

Step 3: Detailed Explanation:

• Wade's Definition: Sir William Wade, in his classic work Administrative Law, defined the subject as "the law relating to the control of governmental power."

• According to Wade, the primary object of administrative law is to keep the powers of government within their legal bounds, protecting the citizen against their abuse.

• Analyzing other definitions:

• K.C. Davis (an American scholar) defined administrative law as "the law concerning the powers and procedures of administrative agencies, including especially the law governing judicial review of administrative action."

• Sir Ivor Jennings defined it as "the law relating to the administration. It determines the organization, powers and duties of administrative authorities."

• Wade's definition is distinct in its singular focus on the "control" of governmental power, reflecting the British constitutional emphasis on judicial review and the rule of law as a check on executive power.

• Therefore, Option (B) is the correct answer.

Step 4: Final Answer:
The definition attributing Administrative Law to the control of governmental power was formulated by Sir William Wade, making Option (B) the correct answer.