scholarly journals Rozhraní ústavního a správního práva

AUC IURIDICA ◽  
2021 ◽  
Vol 67 (4) ◽  
pp. 45-59
Author(s):  
Richard Pomahač
Keyword(s):  
Public Administration ◽  
Legal System ◽  
Administrative Law ◽  
Public Law ◽  
Legal Order

Constitutional and administrative law are two related branches of law. But are the boundaries separating constitutional and administrative law truly clear? Many excellent experts in public law have already answered this question. However, as the legal system evolves, the answer to this question can be neither complete nor definitive. Nevertheless, it is possible to mark a number of bright and dark sides of the normative duality of constitutional and administrative law. Attention is focused on the constitutionalization of administrative law, but no less important is the deconstitutionalization of public administration in conditions of over-regulation connected with fragmentary and inconsistent legislation. However, it is not just a question of the integrity of the legal order. There are also a number of practical problems in the sphere of disputes resolution using dual argumentation.

Administrative Procedure and Judicial Review in France

2021 ◽  
pp. 50-52
Author(s):  
Delphine Costa
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Judicial Remedy ◽  
Individual Decisions ◽  
Laws And Regulations ◽  
Administrative Justice

This chapter describes administrative procedure and judicial review in France. In French public law, no constitutional provision provides for judicial review of administrative measures. Nor is there a convention providing for judicial review of administrative measures. This is only envisaged by the laws and regulations, in particular the Administrative Justice Code and the Code of Relations between the Public and the Administration. The administrative courts exercise extensive control over the acts or measures of the public administration, including both individual decisions and regulatory acts, but some are nonetheless beyond judicial review. Where an act or measure is contested on procedural grounds, judicial review takes place only under certain conditions: the procedural defect must have deprived the applicant of a guarantee or it must have influenced the meaning of the decision taken. Two types of judicial remedy exist in administrative law: it is therefore up to the applicant to limit their application before the administrative judge.

Towards Implementation of the Pan-European General Principles of Good Administration through Reforms of the Public Administration System

2020 ◽  
pp. 723-738
Author(s):  
Vache Kalashyan ◽  
Tigran Grigoryan
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Legal Order ◽  
Successful Implementation ◽  
Administration System ◽  
Full Extent ◽  
The Public ◽  
System P ◽  
The Impact

This chapter discusses the impact of the pan-European general principles of good administration on Armenian administrative law. The chapter claims that successful reform of Armenian public administration is an indispensable prerequisite for successful implementation of these principles but that there is still a long way to go. Besides this, the Armenian legal order is generally open to being shaped and influenced by the said principles and demonstrates numerous successful examples thereof. Nevertheless, the chapter highlights that usually the Armenian legislator is the only one to transfer these principles into Armenian law. It describes the reception of the pan-European general principles of good administration as still being under development in Armenia. The chapter concludes that in order to guarantee the full extent of ‘good administration’ it remains necessary that general reforming of Armenian public administration be successfully implemented.

Good Administration in the Administrative Law of the Republic of Latvia

2020 ◽  
pp. 643-663
Author(s):  
Jānis Neimanis
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
Legal Order ◽  
Council Of Europe ◽  
General Acceptance ◽  
Administrative Procedure ◽  
The Republic ◽  
The Impact

This chapter explores the impact of the pan-European general principles of good administration on the Latvian legal system. The chapter concludes that there is a conceptual match between the administrative law of Latvia and the pan-European general principles of good administration. This, among other things, is reflected by the fact that recommendations of the Council of Europe (CoE) were used as models for complementing the Latvian code of administrative procedure. It furthermore claims that general acceptance of the principle of good administration in the Latvian legal order in particular considerably facilitates reception of the CoE’s work in the realm of administrative law. At the same time the chapter highlights that implementation of the principles of good administration in Latvia could be improved and used in a more precise manner.

1. Introducing constitutions and public law

2019 ◽  
pp. 3-24
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility and control the power of the state. Indeed, a state's constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK's national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.

Verwaltung zwischen Gestaltung, Transparenz und Kontrolle

2019 ◽  
Keyword(s):  
Public Participation ◽  
Public Administration ◽  
70Th Birthday ◽  
Environmental Law ◽  
Administrative Law ◽  
Public Law ◽  
Short Introduction ◽  
Philosophical Perspective ◽  
Procedural Law ◽  
Key Issues

The present volume combines contributions to the symposium on the occasion of Ulrich Ramsauer’s 70th birthday, acknowledging his activity in the fields of public law, especially environmental law and planning regulations, administrative procedural law and public administration, which has lasted more than 40 years. The contributions deal with key issues in the current discussion in administrative law: accelerated proceedings (Peter Wysk), public participation (Hans-Joachim Koch) and Europeanisation (Jörg Berkemann). In his introduction, Ivo Appel presents a short introduction to the concept of administrative legal science as a managing science. The contribution by Jochen Wagner offers an overarching thematic connection from a philosophical perspective, titled “Integration through friendship”. At the same time, he considers integration as one of the essential responsibilities of the state today.

scholarly journals Brazilian Administrative Law: influences, Characteristics and recent changes

2018 ◽  
Vol 5 (2) ◽  
pp. 1-20
Author(s):  
Irene Patrícia Nohara
Keyword(s):  
Public Administration ◽  
Present Article ◽  
Administrative Law ◽  
Public Law ◽  
Law System ◽  
The Public ◽  
Deductive Method

The present article aims to expose, using the hypothetical-deductive method, the origins and influences of Brazilian Administrative Law. It is a descriptive article that focuses on the main characteristics of the discipline, belonging to the branch of public law. It also seeks to address recent changes to provide an up-to-date overview of the Brazilian Administrative Law system. It tries to explain how the new institutes and the reforms in the matter contribute to the functioning of the Public Administration.

1. Introducing constitutions and public law

2021 ◽  
pp. 3-23
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility; and control the power of the state. Indeed, a state’s constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK’s national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.

Italian Experience of the Administrative Justice Functioning

2020 ◽  
Vol 27 (2) ◽  
pp. 27-46
Author(s):  
Anton Monaienko
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal System ◽  
Public Law ◽  
The Rule Of Law ◽  
Legal Proceedings ◽  
Italian Experience ◽  
Foreign Countries ◽  
Administrative Courts ◽  
Administrative Justice

The development of administrative legal proceedings in Ukraine determines the search for optimal ways to improve the system. Each country has its own strategy for the functioning of administrative justice, which depends on cultural, historical, national, integration processes, as well as the gradual formation of the legal system of a particular state. The main purpose of the study is to analyse the Italian experience of the administrative justice functioning. To achieve this goal, various theoretical methods are used. The method of legal forecasting allowed to identify areas for improvement of administrative justice in Ukraine. The author presents the concept and features of administrative justice operation in Italy in matters of protection of violated rights, freedoms and interests of individual and citizen by decisions, actions and omissions of the authorities; analyses the system and structure of administrative justice in Italy, its specialisation; features of some categories of public law disputes and delimitation of jurisdiction of administrative courts and general courts in resolving certain categories of administrative cases, features of their reading in administrative courts of Italy of first and appellate instance; powers of the Italian State Council in resolving public law disputes, and powers of quasi-judicial tribunals of Italy, which perform the functions of justice. It is revealed that the administrative courts of Italy are empowered with the rights to assess the activities of public administration. Based on the experience of other countries, including Italy, we can conclude that a well-built system of administrative justice can help protect the rights of Ukrainian citizens and the rule of law. But it is important not only to focus on foreign countries, but also to take into account the peculiarities of the legal system of Ukraine

scholarly journals The Principle Of Legality, Principle Of Public Law

2015 ◽  
Vol 21 (2) ◽  
pp. 512-515
Author(s):  
Alexandru Stoian ◽  
Teodora Drăghici
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Public Authorities ◽  
The Social ◽  
Social Balance ◽  
The Moment ◽  
Principle Of Legality

Abstract The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. Established as a principle of the organization and functioning of the state public authorities at the Revolution of 1789 in France, the acknowledgement of the principle of legality in an act having a constitutional value marked the moment of foundation for the state based on law principles and represented a premise of creating a modern public administration. The principle is present at the level of each judiciary branch, which provides for its popularity due to its specificity. The paper aims at achieving a brief analysis of the role of the principle of legality in public law, presenting its importance in constitutional and administrative law.

scholarly journals أركان العقد الإداري وشروط صحته دراسة مقارنة

Twejer ◽  
2020 ◽  
Vol 3 (3) ◽  
pp. 707-738
Author(s):  
Mohammed Waheed Dahham ◽  
Keyword(s):  
Legal System ◽  
Public Interest ◽  
Administrative Law ◽  
Public Law ◽  
Public Authority ◽  
Public Facility ◽  
Administrative Contract ◽  
The Public ◽  
Decision Elements ◽  
Laws And Regulations

The administrative contract is the tool used by the administration to maintain the continuity of the public facility and its steady progress in order to meet the needs of citizens, in way would achieve the public interest. The administrative contract consists of procedures paving the way for its conclusion, represented by the administrative decisions issued by this department with the public authority it has in accordance with the laws and regulations. These decisions are part of and component of the administrative contract. Therefore, the elements of the administrative contract are; that the public authority is one of its parties, the contract relates to a public facility service, and the contract should be subject to public law. However, the conditions of validity of the contract are; the administration shall abide by the laws and regulations in selecting the contractor, the administrative contract includes contractual and regulatory provisions and, and the public person has a generic feature throughout the life of an administrative contract. Key words; administrative law, administrative decision, elements of administrative law, conditions of validity of administrative contract, legal system of administrative law, conclusion of the administrative contract

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