ADMINISTRATION LAW AS A TOOL AGAINST ILLEGAL DETENTION

Author – Saket Jain & Radhika Jhanwar, Students at UPES, Dehradun.

Best Citation – Saket Jain & Radhika Jhanwar, ADMINISTRATION LAW AS A TOOL AGAINST ILLEGAL DETENTION, ILE MULTIDISCIPLINARY JOURNAL, 2 (1) of 2023, Pg. 07-13, ISSN – 2583-7230.

ABSTRACT

Administrative law is a branch of law that regulates the activities and functions of administrative agencies. One of the critical areas in which administrative law plays a crucial role is in preventing and remedying illegal detention. The right to liberty is a fundamental human right enshrined in various international and domestic laws. However, in many countries, individuals are frequently subjected to arbitrary detention or detention without due process. Administrative law ensures that administrative agencies, such as immigration authorities or law enforcement agencies, do not abuse their power and unlawfully detain individuals. Through the judicial review, administrative law allows individuals to challenge the legality of their detention and seek redress for any violations of their rights. Additionally, administrative law provides for various mechanisms, such as Habeas Corpus petitions and detention review boards, that can be used to challenge and remedy unlawful detention. Thus, administrative law serves as a critical tool for protecting the fundamental rights of individuals and ensuring that administrative agencies operate within the bounds of the law.

Keywords: – Habeas Corpus, Illegal Detention, status quo, Administrative tool