The Importance and Role of Principles of Administrative Law

2018 ◽  
Vol 24 (4) ◽  
pp. 64-68
Author(s):  
N. V. Hryshyna
Keyword(s):  
Administrative Law

scholarly journals Administrative Functions of Implementation, Control of Administrative Decisions, and Protection of Rights

2021 ◽  
Vol 10 (1) ◽  
pp. 1-25
Author(s):  
Ricardo Perlingeiro
Keyword(s):  
Latin American ◽  
Case Law ◽  
Administrative Law ◽  
Administrative Functions ◽  
The One ◽  
Right To Good Administration ◽  
Regulatory Powers ◽  
Administrative Adjudication ◽  
Administrative Justice

Abstract This essay includes a comparative analysis of the traditions of administrative law in Latin American and their impact on the contemporary scene and trends in the general orientations of its administrative justice systems. This analysis is limited to Latin American countries of Iberian origin under the jurisdiction of the Inter-American Court of Human Rights (“I/A Court H.R”). The method followed by the author is to point out the roles attributable to the administrative authorities and to attempt to identify a distinction in Latin America between the “administrative function of implementation”, “control of the legality of administrative decisions” (unrelated to any adjudicative function) and the “protection of rights” (by means of an adjudicative function) while examining their historical genesis and possible future trends. From that perspective, the text discusses certain administrative powers, such as disciplinary or other regulatory powers, and their forms of concrete application; the prerogatives and instruments of the authorities and of their decision-making employees in the exercise of the functions of implementation; the control of administrative decisions by those authorities themselves and by external bodies; and judicial and extrajudicial protection of rights against administrative decisions. The author concludes that Latin American administrative law, despite the fact that its civil-law substantive roots have always coexisted with judicial review typical of common law, is currently tending, on the one hand, to approximate the U.S. model of administrative adjudication and, on the other, to adapt to I/A Court H.R case law with respect to the administrative function of implementation in harmony with the fundamental right to good administration which, combined with a critical re-examination of diffuse control of the legality of administrative rules in court, would safeguard the true role of adjudicating bodies (administrative authorities or courts) in their function of protecting individual rights for the sake of more fair and equitable administrative justice.

Standards of Judicial Review of Administrative Action (1890–1910) in the Austro-Hungarian Empire

2021 ◽  
pp. 41-72
Author(s):  
Angela Ferrari Zumbini
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Public Affairs ◽  
Main Theme ◽  
Administrative Procedure ◽  
Administrative Action ◽  
General Principles Of Law ◽  
Liberal Approach ◽  
The Right

This chapter argues that, if France has been the home of administrative courts, Austria has greatly contributed to the development of administrative law with regard to administrative procedure. Thanks to the Austrian Administrative Court, established in 1875, administrative law has been increasingly important in the regulation of public affairs. The chapter analyses the causes, development, and effects of these features. One main theme is, of course, the scope and purpose of judicial review of administrative action. In this respect, the chapter shows the growth of litigation and the liberal approach followed by the Court. Moreover, the role of the Court as lawmaker is examined in the light of the general principles of law that it developed. . Such principles included legality and procedural fairness, with particular regard to the right to a hearing and the duty to give reasons. Considered as a whole, they required public administrations to act reasonably rather than arbitrarily. Finally, it was judge-made law that constituted the basis for the codification of 1925.

6. The administrative justice system

2021 ◽  
pp. 160-196
Author(s):  
Martin Partington
Keyword(s):  
Justice System ◽  
Modern Society ◽  
Administrative Law ◽  
Institutional Framework ◽  
Members Of Parliament ◽  
System P ◽  
The Government ◽  
The Relationship ◽  
Administrative Justice

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Once again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the Transformation Programme and the response to the COVID-19 pandemic. It also considers the particular responsibilities of Members of Parliament in holding the Government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.

6. The administrative justice system

2019 ◽  
pp. 156-190
Author(s):  
Martin Partington
Keyword(s):  
Justice System ◽  
Modern Society ◽  
Administrative Law ◽  
The State ◽  
Institutional Framework ◽  
Members Of Parliament ◽  
System P ◽  
The Relationship ◽  
Administrative Justice

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the current transformation programme. It also considers the particular responsibilities of Members of Parliament in holding government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.

4. Public Law

2019 ◽  
pp. 94-127
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
Decision Making ◽  
Constitutional Law ◽  
Environmental Law ◽  
Administrative Law ◽  
Public Law ◽  
Decision Makers ◽  
Aarhus Convention ◽  
Constituent Elements ◽  
Public Decision

This chapter explains the important role that public law, particularly administrative law, plays in environmental law. This role comes about because much of environmental law requires vesting decision-making and regulatory power in the hands of public decision-makers at all levels of government. This chapter begins by providing an overview of the different constituent elements of public law: constitutional law, administrative law, the role of the EU and international law, as well the complexities of this area of law. The chapter then moves on to consider the way in which the different types of interests involved in environmental problems and the need for information and expertise provide challenges for public law. The chapter then provides an overview of four major features of public law that are particularly relevant to environmental lawyers: the Aarhus Convention, accountability mechanisms, judicial review, and human rights.

10 Evolution and Gestalt of the Italian State

2017 ◽  
Author(s):  
Mattarella Bernardo Giorgio
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Public Administration ◽  
Historical Development ◽  
Prime Minister ◽  
Administrative Law ◽  
First Century ◽  
Marked Rise ◽  
The Republic

This chapter presents an analysis of Italy's administrative history. It looks at the historical development of Italian public administration and administrative law in Italy beginning from the nineteenth century. The chapter then proceeds to the first half of the twentieth century, focusing primarily on the policies of Prime Minister Giovanni Giolitti, which saw a marked rise in changes and developments within administrative law. Also of note during this period was the role of administrative law during the era of fascism in Italy. The latter half of the twentieth century would mark a departure from this period, focusing mainly on liberal administrative law and the Republic. Finally, the chapter turns to the features of administrative law in the twenty-first century, before closing with some concluding remarks on the features peculiar to Italian administrative law.

Legalism and English Administrative Law: Comment on Sterett

1992 ◽  
Vol 17 (01) ◽  
pp. 89-100 ◽  
Author(s):  
David Feldman ◽  
Mark Gould
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Recent Issue ◽  
Review Procedure ◽  
The Law ◽  
1960S And 1970S ◽  
The 1960S ◽  
Law Commission ◽  
The Way

In a recent issue of this journal (Volume 15, Number 4, Fall 1990), Susan Sterett examined the role of the Law Commission in the development of English administrative law. She suggested that the Commission mimicked a “peak association” and adopted an “idiom of legalism” in order to justify its reform proposals. This comment disagrees with Sterett on three grounds. First, the role and constitutional position of the Commission is far more complex than Sterett suggests, and this affects the way in which the Commission works. Second, judges and academic lawyers were central to the reform of substantive principles of judicial review in the 1960s and 1970s, making it unnecessary for the Law Commission to act in this field. Finally, it is wrong to ignore the fact that much administrative law occurs outside the judicial review procedure.

scholarly journals Procedural Fairness as a Precondition for Immunity of International Organizations

2016 ◽  
Vol 13 (2) ◽  
pp. 255-272
Author(s):  
Yaraslau Kryvoi
Keyword(s):  
International Organizations ◽  
Procedural Fairness ◽  
Administrative Law ◽  
Decision Makers ◽  
Rules And Principles ◽  
Written Law ◽  
Personal Understanding ◽  
Further Development

This article analyses the notion and role of fairness in the procedural rules and practice of international administrative tribunals. After reviewing decisions of international administrative tribunals dealing with the notion of fairness, it shows that tribunals rely on the concept of fairness to limit discretion of decision-makers, to fill gaps in law and to override written law to ensure fairness. The article makes suggestions as to how to reconcile the different visions and roles of fairness in international administrative law. It argues that with the further development of international administrative law, tribunals should as much as possible rely on rules and principles formulated by external bodies rather than on their personal understanding of fairness.

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