International Journal of Research and Innovation in Social Science (IJRISS) | Volume IV, Issue X, October 2020 | ISSN 2454–6186

Remedies in Administrative Law; The Sri Lankan Experience

W.M.C.P Godage¹ , K.A.A.N Thilakarathna^2
1 Deputy Registrar, Institute of Human Resource Advancement, University of Colombo
² Lecturer in Law, Institute of Human Resource Advancement, University of Colombo

Abstract: Administrative remedies can be identified as a set of remedies that provides redress against violations of right by those who are wielding administrative authority which is granted to them by a statute of the parliament or any other law deriving its authority which can be linked to an Act of Parliament. When one considers the development of these administrative remedies from a Sri Lankan perspective, it is evident that the influence of English law as a former British colony, is present in her jurisprudence pertaining to the development of the said remedies. While during the colonial period, following English decisions and principles were the sine qua non when it came to the practices of the Courts. However, after gaining independence and establishing an independent judiciary by breaking the bonds with the Privy Council in 1971, the Sri Lankan judiciary formulated a set of principles and rules concerning the granting of administrative remedies based on a Constitutional provision. This paper examines both the history and contemporary practices of the Courts in granting administrative remedies for those who seek administrative redress.

Key Words; Administrative Law, Remedies, Writ Jurisdiction

I. INTRODUCTION

Administrative law is a branch of law that deals with the regulation of interactions between the government and its citizens. In general, administrative law is designed to put limits upon the exercise of governmental powers through the delegated authorities or institutions where such authorities or institutions act in excess of the powers that have been delegated to them. According to Wade and Forsyth administrative law is the law relating to control of governmental power. Administrative law aims to protect the individual from abuse of discretionary use of power by providing the individuals with administrative remedies.
When one considers the development of administrative law in the United Kingdom, it has some peculiar history. A.V. Dicey has once commented on administrative law by saying ‘we know nothing of administrative law and we wish to know nothing about it’. The development of administrative law as a separate and distinct study of law only occurred after the end