Judicialization of the Administrative Process? A Study on the Role of Natural Justice Principles in the Public Administration of Sri Lanka

Abstract

Studies on the role of administrative law in the realization of the public policy of a country has been the subject for numerous studies, but rarely has it been observed through the prism of natural justice. Therefore, the present study aims to address this dearth in research by focusing on the role principles of natural justice can play in the exercise of discretion by public administrators, the agents whose work helps realize the public policy of a country. To achieve this objective, this study has conducted a review of the major administrative law cases that were decided in Sri Lanka along with the local and international literature that relates to this subject. Thus, this study argues that there is a discernable hesitancy in the early administrative law decisions to recognize the role natural justice principles can play when safeguarding the rights of the public from the abuse of discretionary powers by the administrators. However, a more receptive attitude towards recognizing the role of natural justice in public administration could be observed towards the late twentieth century in Sri Lanka, a shift that is probably brought forth by the changing welfarist policies and socio-economical instabilities in the country. Therefore, this study contends that the role natural justice principles can play when curving the discretionary powers of the administrative authorities has now been well established in Sri Lanka, creating a legal tradition that continues to gain prominence within the country’s public policy developments. However, this study also has identified some criticisms that can be levelled against the incorporation of natural justice principles in the public administration of Sri Lanka which in turn may prevent the general public from reaping the full benefits of those progressive changes that continue to take place.