An Analysis of Duty to Reason-Giving in Administrative Law

Abstract

The duty to give reasons for a decision is a part of the audi alteram partem, which is indispensable in Administrative Law. Earlier, the principles of natural justice did not include any general rule that reasons should be given for decisions by administrative authorities. Therefore, failure to give reasons has not been considered as a violation of natural justice principles. Nevertheless, this approach changed from time to time. This study analyzes the previous and new approaches in Sri Lanka, especially with reference to current Sri Lankan university cases compared to the United Kingdom (UK) and Indian jurisdictions. In this research, the changes in the duty to provide reasons for a decision by administrative authorities, the violation of principles of natural justice, the right to equality, and the right to information have been discussed. In this research, both doctrinal and comparative research methodologies are employed to analyse primary and secondary data. Finally, this research analyses the development of administratively affiliated judgments in Sri Lanka with special reference to selected jurisdictions. The research concluded that Sri Lanka has developed in administrative jurisdiction compared to main common law countries such as India and the UK.