The English Jurist, Dicey, has severely criticised the whole system of administrative courts and law. The following defects and disadvantagesare pointed out in the French system:
Dicey said that the most despotic characteristic of the administrative law lies in its tendency to protect officials. As the administrative courts consist of administrative officials, they are naturally inclined to favour their brother-officials either because of public policy or natural sympathy. Hence justice is not available to private citizens and their liberty is jeopardised by this system.
The judges of the administrative courts are not independent. They are public servants, and are in effect “chartered libertines”, as Dicey called them. Hence they decide the cases as the government wants them to. They are under official pressure to do so. Justice, therefore, cannot be obtained in administrative courts if the policy of the government demands a certain decision.
The real basis of prejudice against this system in England and U.S.A. is its opposition to the Rule of Law. The system of Administrative Law denies the principle of equality of officials and citizens before the law. On the contrary, it upholds the principle of inequality of the privileged class of officials and the unprivileged citizens who are to be tried in different courts and under different laws. Thus the existence of the Administrative Law denies the universality of law and is, therefore, undemocratic. There are separate courts and separate laws for officials and private citizens. This is undemocratic.
The judges of the administrative courts cannot be impartial, for they hold office during the good pleasure of the executive and can be removed by it at pleasure. This violates the principle of separation of the judiciary from the executive and destroys the independence and impartiality of the judges.
Another objection to the system of the Administrative Courts is that the same body is both prosecutor and judge, and, therefore, these courts cannot protect the liberty of the individual.
Lastly, it is said that the Administrative Law is indefinite and vague, because it is based on customs and precedents rather than statutes.