Wednesday, May 6, 2020

RED LIGHT THEORY & GREEN LIGHT THEORY




There are two theories in administrative law:
  • Red Light Theory
  • Green Light Theory

Objective of Red Light Theory
            The primary object of administrative law is to control governmental power.
Assumption
            It is based on the assumption that every kind of power tends to corrupt and absolute power tends to corrupt absolutely.
Reason why this theory emerged
“Red Light Theory” has emerged from a fear of State absolutism.
            Since State regulates and controls various activities of its subjects, there is every possibility of misuse or abuse of power.
The “Red Light Theory” seeks to protect private rights and individual interests. Its object is to keep governmental agencies and administrative authorities within the bounds of law through judicial control.
  • Advocates of “Green Light Theory” believe in ground-reality and favour regulatory measures.
  • The “Red Light Theory” favours judicial control. While the “Green Light Theory” puts emphasis on the political process.
  • Control of administrative agencies under “Green Light Theory” is direct and internal rather than indirect and external.
  • The in-built mechanism within the “Green Light Theory” allows intervention by the State in larger public interest issues ensuring rights of citizens and the well-being of society as a whole.

How can this be achieved
  1. Through active involvement
  2. Positive deliberation
  3. Effective consultation
  4. Creative contribution
  5. Productive participation
  6. Decentralization of power
  7. Freedom of information


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