A Comparative 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 decision 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 United Kingdom (UK) and Indian jurisdictions. In this research, the changes of the duty to provide reasons for a decision by administrative authorities, violation of principles of natural justice, right to equality, and right to information have been discussed. In this research, both primary and secondary sources are attracted to follow the Doctrinal and Comparative research methods. Finally, this research study analyzes the development of administratively affiliated judgments in Sri Lanka with special reference to university cases in other comparative jurisdictions such as the United Kingdom and India. Whereas, Sri Lanka has developed in administrative jurisdiction compared to main common law countries such as India and the UK