Administrative law

Administrative law is the law of the executive, that which the Administrative and Gubernative. It shall determine in particular the relationship between a state and its citizens, but also the functioning of the various administrative institutions and their relationship to each other as well as the legal protection of citizens against acts of the executive.

Monographs

  • Administrative Law (China)
  • Administrative Law ( Germany )
  • Administrative Law (France)
  • Administrative Law ( Austria )
  • Administrative Law ( Switzerland )

Definition and delimitation

The different national definitions of Administrative Law and its translations, administrative law, droit administratif differ significantly. In the traditions of the continental legal family is called so that the organization, powers and duties of management. In the countries of the common law, however, is administrative law, however, regularly found as a synonym for judicial review, that the judicial review of administrative action - administrative in continental diction administrative jurisdiction or contentieux. In the context of comparative work both levels are regularly observed, ie both the primary rules that govern the administrative action, as well as the secondary rules, which come in a possible violation by the courts to apply.

Got in this broad sense is the governing law on the Constitutional Law the most important part of the public law. The distinction between public and private law comes to outstanding importance both for jurisdiction as well as dogmatic division into continental tradition. In common law public law and private law, see, however, only to the pragmatic demarcation application without these designations zukäme deeper legal doctrine effect.

For the definition of the public from the private law can be used in comparative methodology two positions face: An ideological and institutional. The ideological demarcation sees the public law as the law pertaining to the public welfare ( salus publica, common good, bien public) - a distinction relied on Ulpian. The definition of common good can remain either left to the political process, as the traditional view says, or to secure fundamental rights and standards specific justiciable such characteristics. The result of the political process diverges significantly different political traditions following: After more than perfect French view includes about public transport, electricity and gas supply to the common good and authorize the administration to specific interventions while under Dutch understanding is that this represents no specific public reference. Insist on an institutional basis for defining three main criteria: specific functions of specific organizational structure and specific jurisdiction of the administration.

Administrative law and constitutional law

Rule of Law, état ​​de droit and Rechtsstaat

The different conceptions of the binding of the administration to uphold the law are referred to as the rule of law, état ​​de droit and the rule of law. Characteristic of the rule of law by Dicey is that the administration does not enjoy special rights, but the "ordinary law of the land" subject; Special rights of the administration, he looks downright rather than the core of the French droit administratif. When the discharge is subject to the management by common law understanding also of the ordinary courts.

Behind the French état ​​de droit is the understanding that the power of the administration finds its limits in the law. The Anglo-Saxon idea - the right to rule over the management - is translated accordingly as règne du droit.

Special legislation is from the German rule of law in contrast, closed: The administration gets its powers of intervention only by the law; the law is next to it also limit the administrative process. The management inherent powers as in the French droit administratif or in the British royal prerogatives there is not therefore.

Fundamental Rights

Administrative Law and Public Administration / Public Administration

Administrative procedures

Historically, the law of administrative procedure long time Customs or judge-made law. The codification of procedural law began in Austria with the Federal Law of 21 July 1925, the General Administrative Procedure ( General Administrative Procedure Act (AVG ) ). This was followed by the German Administrative Procedure Act of 25 May 1976 the Italian Act of August 7, 1990 n 241 ( Nuove norme in materia di procedimento amministrativo e di diritto di accesso ai documenti amministrativi ) and the Dutch Algemene Wet Bestuursrecht of 1994.

Protection against administrative acts and administrative jurisdiction

It can be distinguished according to the classical view three basic types of administrative jurisdiction:

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