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CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws

A State licensing authority cancels a trader's licence under a statute without giving him any chance to explain. Which feature of administrative law is most directly engaged in testing the validity of this action?

The cancellation is tested through judicial control of administrative action, specifically review for procedural fairness. An authority taking adverse action must generally give a hearing, and silence of the statute on appeal does not bar courts from reviewing the action.

  1. AJudicial control over administrative action through review of procedural fairnessCorrect
  2. BLegislative power of the authority to amend the parent statute
  3. CImmunity of administrative action from review where the statute is silent on appeal
  4. DOrdinary civil remedy of suing for damages under the law of contract

Explanation

Administrative law supplies judicial review of administrative action, including the requirement of fair procedure (natural justice) such as a hearing before adverse action. Silence on appeal does not oust review, and the issue is public-law fairness, not a contractual claim for damages.

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