The three dimensions of Administrative Law (original) (raw)

Comparative Administrative Law: Outlining a Field of Study

Comparative administrative law is emerging as a distinct field of inquiry after a period of neglect. To demonstrate this claim, the authors summarize their edited volume on the topic -a collection that aims to stimulate research across legal systems and scholarly disciplines. After a set of historical reflections, the authors consider key topics at the intersection of administrative and constitutional law, including the contested issue of administrative independence. Two further sections highlight tensions between expertise and accountability, drawing insights from economics and political science. The essay then considers the changing boundaries of the administrative state -both the public-private distinction and the links between domestic and transnational regulatory bodies, such as the European Union. The essay concludes with reflections on a core concern of administrative law: the way individuals and organizations across different systems test and challenge the legitimacy of public authority.

THE AXIOLOGY OF ADMINISTRATIVE LAW. FUNDAMENTAL ISSUES

Zeszyty Prawnicze UKSW, 2018

This article addresses the nature, role, and catalogue of values in administrative law. I present a reconstruction of the basic concepts associated with this branch of the law; I describe the legal constructions which are the sources for the decoding of the values in administrative law; and I classify these values according to a set of criteria I have adopted. In addition I remark on the relations between particular values in the provisions of administrative law and the mechanisms to be applied to resolve collisions in the event of conflicting values.

Comparative Administrative Law: An Introduction

Comparative Administrative Law, 2010

Administrative law exists at the interface between the state and society-between civil servants and state institutions, on the one hand, and citizens, business fi rms, organized groups, and non-citizens, on the other. Civil service law and bureaucratic organization charts and rules provide an essential background, but our emphasis is on the law's fundamental role in framing the way individuals and organizations test and challenge the legitimacy of the modern state outside of the electoral process. There are two broad tasks-protecting individuals against an overreaching state and providing external checks that enhance the democratic accountability and competence of the administration. Public law is the product of statutory, constitutional, and judicial choices over time; it blends constitutional and administrative concerns. The Germans speak of administrative law as 'concretized' constitutional law, and Americans often call it 'applied' constitutional law. The English, with no written constitution, refer to 'natural justice' and, more recently, to the European Convention on Human Rights (ECHR). The French tradition of droit administratif contains within it a whole conceptual vocabulary-dualité de juridiction, acte administratif, service public-that has been deeply infl uential in many parts of the world (notably francophone Africa, the Middle East, and Latin America). East Asia has a long tradition of centralized, hierarchical, and bureaucratic rule-a sort of 'administrative law' avant la lettre. And yet, in forging its own modern variants, East Asia has also drawn on Western (and particularly German and US) models. Administrative law is one of the 'institutions' of modern government, in the sense that economists and political scientists often use that term (see, for example, North 1990: 3-5, March and Olsen 1989, 1998: 948). It is thus amenable to comparative political and historical study, not just purely legal analysis. Employing this broad perspective, we seek to illuminate both the historical legacies and the present-day political and economic realities that continue to shape the fi eld as we proceed into the twenty-fi rst century. The distinction between public and private is essential to administrative law, a distinction that common law jurisdictions long sought to downplay by claiming that the same courts and legal principles should resolve both wholly private disputes and those involving the state. Nevertheless, even in the common law world, debates over the proper role and unique prerogatives of state actors are pervasive. Some scholars still assume that one can compartmentalize regulatory activities and actors into either a public or a private sphere. This may be analytically convenient, but it does not fi t the increasingly blurred boundary between state and society. Recent developments have also strained another familiar distinction-between justice and administration. In Europe, for example, courts regularly apply the principle of proportionality-if a policy interferes with a right, then it must be designed in the least restrictive way. As a result, courts have begun to impose standards on government policymaking, at least when rights are at stake. International legal developments are increasingly infl uencing domestic regulatory and administrative bodies. The project in Global Administrative Law centered at New York

New Frontiers of Administrative Law: A Functional and Multi-Disciplinary Approach

Common European Legal Thinking, 2015

This paper is focused on those private bodies without position of formal executive power that are being and must be increasingly subject to higher duties and principles, in that they affect members of the public to a significant degree; private bodies which in addition work closely with administration, that is, in a collaborative and networked environment.

The Evolution of General Administrative Law and the Emergence of Postmodern Administrative Law

SSRN Electronic Journal, 2011

The discussion on the emergence of global administrative law is centered around the question: "Is it law?" and problems of accountability. This is a narrow perspective which ignores the autonomy of the administrative "internal law" generated by administrative agencies themselves. This is shown for the evolution of domestic administrative law in the 19 th century and its transformations in the 20 th century. Domestic administrative law is only to a much lesser extent a product of courts or legislators than hitherto taken for granted. This is why it should not come as a surprise that the instruments and forms of global administrative law are generated by transnational administrative networks of agencies. The evolution of both domestic and transnational administrative law will allow for new heterarchical forms of accountability and legitimation once the focus on a hierarchical concept of delegation is given up. The paper tries to outline a perspective on the transformation of administrative law based on domestic administrative law but at the same time intends to open a perspective on a new look at the emergent global administrative law.

Administrative Law I: Cases and Materials

2014

CHAPTER I. The Public Administration. I.-Concept. II.-Origin and historical evolution. III.-Personification of the public administration in the current legal system. Key features CHAPTER II. Administrative law. I.-Nature. II.-Key features. CHAPTER III.-Administrative authority and the entailment to the legal principle. I.-Concept of authority ''potesta''. II.-Methods for granting powers to administrative bodies. III.-Types of powers. CHAPTER IV.-Special nature and typology of administrative action. The selfenforcing 'autotutela' principle. I.-The ''autotutela'' principle, special nature. II.-Types of ''autotutela''. III.-Limits to ''autotutela''. IV.-Citizen protection before ''autotutela''. CHAPTER V.-Sources of administrative law. Structure and characteristics. I.-Sources of administrative law. II.-Organisational principles. III.-implementation criteria. IV.-Non-parliamentary ranked as laws. V.-European law overview. CHAPTER VI.-Regulations as specific source of administrative law. I.-Concept and characteristics. II.-Lawfulness and efficacy for regulations. III.-Types of regulations. IV.-Regulation monitoring. CHAPTER VII. Administrative structures. Self-organising powers. I.-Theory of the administrative organisation. II.-Collegiate bodies. III.-Organisational techniques. CHAPTER VIII. State administration. I.-General concepts. II.-Bodies. CHAPTER IX The regional administration. I. Basic legislation. II.-Structure of the Valencia Regional Government. CHAPTER X Local Government. I.-The principle of local autonomy. II.-Sources of local law. III.-Special legal frameworks. IV.-Types of local entities. V.-Elements of local administration´s organisational structure. VI.-The Province. CHAPTER XI. Corporative and institutional administration. I.-Corporative administration. II.-Institutional administration. CHAPTER XII. The administrative statement. I.-Concept and characteristics. II.-Types of administrative decisions. III.-Elements of the act. IV.-The administrative silence: tacit consent or dissent, absence or lack of reply: alleged acts. V.-The efficacy of administrative decisions. VI.-Suspension of efficacy and extinction of administrative acts. VII.-Validity and nullity of administrative decisions. The theory of invalidity. b.-Express attribution of powers. This is the ordinary way to assign powers to the public administration. The law clearly states what powers are conferred, as well as its conditions and limits. As already mentioned, the degree of specificity might vary according to the law. c.-Implicit attribution of powers. Abstract and unspecific powers are not valid; however, implicit powers are acceptable. Public bodies can enforce non-attributed powers as long as they can be inferred from others which have been expressly assigned by law. This alternative helps to fill legislative and regulatory gaps. Analogy, however, is not allowed under Spanish administrative law. d.-General empowering clauses. These type of clauses is not allowed in Spanish administrative law, even in the organisational field. They can lead to arbitrary decisions and jeopardise the efficacy of the legal principle. However, there are some extraordinary cases where the legal system enables public administration to issue orders or even regulations without previous legislative coverage. The following are the main cases: a) actions intending to safeguard the public order and safety (estados de alarma, excepción and sitio). b) Sections 21 and 25.1 LRBRL, enabling majors to pass extraordinary regulations and orders in the event of serious threats and emergency. c) Decisions creating new public corporations to operate business related activities (iniciativa pública en la actividad económica). III.-TYPES OF POWERS. Conceptually, powers can be broadly different; powers can affect every citizen (relaciones de sujeción general), or affect certain individuals with particular links to the administration such as labour relationships, contract relationships, or even users of public utilities (relaciones de sujeción especial). Those in the second situation are attached to singular rights and obligations. However, the main distinction takes place regarding the so called: 'regulated powers' and 'discretionary powers'. Regulated powers are those that are completely defined by law. Issuing an administrative regulated order is an operation just consisting in checking whether the facts are in accordance with the law and, in that case, consequently implement the legal response. No questions of convenience, political expediency, or choosing between equally legal options, will be at stake in regulated powers. The legal operator shall do the following test so to implement regulated powers in a particular case:

Functions, Theories and Practice of Administrative Law in Contemporary Governance

Administrative and Environmental Law Review, 2022

Babajide Olatoye Ilo 50 power delegated by the state. 1 Administrative law is the body of law that governs the activities of administrative agencies of Government. 2 Government agencies action can include rule making, 3 adjudication, 4 or the enforcement of a specific regulatory agenda. 5 Administrative law is a branch of public law and it deals with decision making of such administrative units of Government as tribunals, boards or commissions that are part of a national regulatory scheme in such areas as crime, taxation, immigration and transportation. It must be appreciated that administrative law expanded greatly during the twentieth century, 6 as legislative bodies worldwide created more government agencies to regulate social, economic and political spheres of human interaction. A person, people or bodies may be affected by the policies and actions of an administrative authority. Therefore unless the law regulates the functions, and powers of administration, it may be unruly and aggrieved persons may be without remedy. 7 Based on this background, the author examines the rules governing the regulation of powers delegated by the state relating to procedures, special rules and regulations of government institutions. This research is expected to contribute to regulations, especially in the study of functions, theory and practice in government. The novelty of this research will make a significant contribution to determining the means, functions, and theories in the practice of administrative law in contemporary government B. Discussion 1. Conceptual Framework Adminstrative and Environtmental Law Review