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Administrative Law

6 important questions on Administrative Law

What is the ideal model of trias politica

-the legislator (chosen by and responsible for the people)
-the administration (recieves its power oly from the legislator)
-the judiciary (seperate of the adminitrative branch)

What are the two main issues that administrative law deals with?

instrumental function: The powers that administrative authorities need in order to fufill their tasks and the conditions attached to sush powers
safeguarding function: The protection of the rights and intrests of citizens and of private organizations against the use of administrative powers

What are the legality principle and the prohibition of détournement de pouvoir?

It requires that the administration's competene to act must have a basis in legislation.
and that the administration is not allowed to use its competences for a different purpose than that for which they have been conferred.

What is the difference between the procedural and substantive principles of administrative law?

Substantive: they impose certain requirments on the administration with regard to the content of the decision of measure
procedural: they adress the descion-making process and the way in which the intrests of the individual are taken inte account during this process

What are the differences between the notion of recours objectif and recours subjectif?

Objecctif:the aim of the judicial protection against administrative behaivior is to check wheter an administrative body has acted lawfully and within its scope of powers.

subjectif: the aim of judicial protection against administrative behaivior lies not so much in the check on the executive but in the protection of the individual's legal position

Explain the public/private devide about administrative disputes?

-agents: every dispute will be qualified as an adminitrative dipute if the challegend action has been carried out by a body exercising public law functions regardless wheter the action constitutes a private law or public law judicial act

-action: these legal systems would assign only public law judicial acts that are not the creation or modification of rules to the jurisdiction of the administrative court (private law judicial acts and the creation of rules would fall under the jurisdiction of ordinairy courts

The question on the page originate from the summary of the following study material:

Introduction to Law | 9783319069104 | Jaap Hage, et al

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