“Red light and Green light theories provide contrasting approaches to the role of administrative law.” Which of the two theories will be effective in achieving the objectives of administration law? Justify your choice (2019)

The Red Light and Green Light theories are contrasting approaches to the role of administrative law.

The objectives of administrative law typically include promoting accountability, ensuring fairness and due process, preventing abuse of power, and facilitating efficient decision-making within the administrative framework. Let's examine how each theory aligns with these objectives:

1. Red Light Theory:
The Red Light theory focuses on minimizing administrative discretion and imposing strict limits on administrative action. It emphasizes the rule of law and seeks to prevent abuse of power by holding administrators to clear and specific legal standards. This approach can help achieve the objectives of administrative law by promoting accountability, ensuring fairness, and preventing arbitrary decision-making. However, excessive rigidity may also hinder administrative efficiency and flexibility in responding to evolving circumstances.

2. Green Light Theory:
The Green Light theory advocates for a more flexible and permissive approach, allowing administrative agencies greater discretion in decision-making. This approach recognizes the complexity of administrative functions and aims to empower administrators to respond effectively to changing needs and circumstances. It can promote efficient decision-making and innovation within the administrative system. However, without proper checks and balances, this approach may lead to potential abuse of power, lack of accountability, and violation of individual rights.

Considering the objectives of administrative law, it becomes clear that neither theory alone is fully effective in achieving all the objectives. A rigid adherence to the Red Light theory may result in unnecessary constraints and hinder administrative efficiency, while a complete embrace of the Green Light theory may risk compromising fairness and accountability.

A more effective approach is to adopt a balanced approach that combines elements of both theories. This approach recognizes the need for clear legal standards and accountability (Red Light) while allowing for flexibility and discretion within reasonable limits (Green Light). It strikes a balance between preserving individual rights and ensuring efficient decision-making, adapting to changing circumstances, and promoting innovation within the administrative framework.