ADMINISTRATIVE REMEDY Meaning and
Definition
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Administrative remedy refers to a formal process provided by government agencies or regulatory bodies that allows individuals or organizations to seek resolution for grievances or disputes arising from administrative decisions or actions. It is a mechanism designed to address concerns or complaints before resorting to legal litigation.
In administrative law, the term refers to the recourse available to individuals or entities within the administrative framework to challenge or resolve issues, such as appealing a decision, seeking redress for a regulatory violation, or requesting a review of an administrative action. The administrative remedy may involve filing a complaint with the relevant agency, participating in a formal hearing, or engaging in alternative dispute resolution methods.
The purpose of an administrative remedy is to provide a fair and impartial process to resolve disputes efficiently and cost-effectively. It allows affected parties to present their case, provide evidence, and receive a decision or resolution from an administrative body or an administrative law judge. The decision rendered through the administrative remedy process can often be appealed to higher administrative levels or reviewed by a court.
Administrative remedies are an integral part of the legal framework, ensuring that individuals or organizations have options to resolve disputes within the administrative system without resorting to the time-consuming and expensive process of litigation. They aim to offer accessible mechanisms for addressing grievances, promoting fairness, and maintaining the integrity of administrative proceedings.
Etymology of ADMINISTRATIVE REMEDY
The word "administrative" is derived from the Latin word "administrare", which means "to manage, administer". It came into English usage in the mid-18th century, initially referring to the management of government affairs.
The word "remedy", on the other hand, has its roots in the Latin word "remedium", which means "cure, treatment, or a means of relief". It entered the English language in the late 14th century, with the sense of "restoration to good health".
Therefore, the term "administrative remedy" combines the concept of managing or administering with the idea of finding a solution or relief. In legal contexts, "administrative remedy" generally refers to a procedure or avenue provided by administrative bodies or agencies to resolve disputes or grievances without resorting to formal litigation. It implies that administrative bodies have the power to address and rectify certain matters within their jurisdiction.
