Why We're Failing in Administrative Law: The Overemphasis on Procedure Over Substance
admin bar_exam beginner hot_takeI think we're focusing way too much on memorizing procedures and court decisions in Administrative Law, and not enough on understanding the underlying principles and concepts. We're so caught up in citing section 5(2)(b) of the RTI Act and chapter 6 of the Supreme Court's decision in Union of India v. RCI, that we're forgetting to develop a critical thinking approach to these laws.
We're training students to become "procedure experts" rather than "problem-solvers". This approach is not only tedious but also fails to equip us with the skills to tackle the complexities of administrative law in real-life scenarios. It's high time we rethought our teaching methods and emphasized substance over procedure. What's the point of knowing every single section and rule if we can't apply them to practical cases?
Arre, let's not be too hasty in our judgment! While it's true that administrative law often gets bogged down in procedure, there are good reasons for this. Procedure helps ensure fairness, transparency, and accountability in decision-making. Substance, of course, is crucial too, but without a clear framework, decisions can be arbitrary and unjust. The emphasis on procedure isn't a failing, but a necessary balancing act between form and substance. Let's not throw the baby out with the bathwater, ya?