Administrative Law – Why is Administrative Law Important?

Police State to Welfare State

Administrative Law: In everyday life, many things are arranged by government officials, not by private parties. To get your car to school or university, you must have a driver’s license. While driving, you use public roads and cross-traffic lights. You also pass sites where public authorities have allowed industrial facilities to operate, while other areas have been designated as residential properties.

Administrative Law
Administrative Law

Sources of Administrative Law

It is hoped that the use of hazardous substances in the industrial production process has been significantly curtailed. If you study abroad, your certificates must be recognized and you may need a residence permit. In all these cases the public authorities (who deal with the administration of a country) play their part. Public officials (also called an executive) need money to be able to carry out their duties. Therefore, it is important to increase taxes or other financial contributions. Administration too.

In the 19th century, the functions of the state were primarily limited to maintaining law and order within the country and defending its territory from external attacks. The idea behind this was that government officials should refrain from interfering in the rights and freedoms of citizens as much as possible.

After the Industrial Revolution, state functions shifted to providing social services and distributing wealth among its citizens. This process was intensified after many economic crises and especially after the Second World War. The administration’s job was not only to defend and restore public order but also to provide public goods and services.

Administrative Law UK

The nature of the state had changed from a “police state” to a “welfare state“. More recently, the administration has been tasked with overseeing the quality of food and food production, as well as enforcing immigration and naturalization policies.

In all of these areas, the executive branch performs public functions and exercises certain powers. Administrative officials and government employees are required to do this. If you drive very fast, they should be equipped with the power to raise taxes or stop your car.

In exercising these powers, the management authorities are guided and bound by the principles and basic requirements of the procedure which protect the interests of all parties concerned. When management authorities exercise their public authority, they may interfere with your privacy rights and interests. Therefore, legal remedies must be available to protect your rights and interests against the administration.

Types of administrative law are mainly about

  • management officials and their government employees,
  • How do executive officers gain public authority?
  • Principles of procedure for the use of public powers,
  • management authorities must take into account basic needs when exercising their powers.
  • Procedure for objection and judicial protection against management proceedings

Multilayer Governance

In any state, there are several levels of management decision-making. In addition to national ministries, various regional authorities and local bodies, as well as other local bodies, carry out important management tasks. The organization and structure of such authorities, their competence, and their dependence or independence from national authorities vary greatly between countries. This is due to differences in the organization of the national state (central or federal) and the different traditions and cultures.

In France, for example, the national authorities have strong powers to control and influence territories, while in Belgium, many administrative powers are concentrated in Gemeenschappen and Gewesten, and the central government has many powers. Are limited.

In Germany, the landlord enjoys (limited) autonomy. They are subject to international law and are therefore able to conclude international agreements with other states, within certain limits. The division of labor and competencies between the federation and the landlord is enshrined in the German constitution (Grundgesetz) and can only be changed by amending the Grundgesetz.

In a unitary state like the Netherlands, the provinces could be merged or completely dissolved by an act of parliament (and if the government does what it has stated in the recent 2012 coalition agreement). Their work and capabilities are far more limited than those of the German Lander.

In 2007, Denmark abolished the existing 14 Emtins and introduced five territories instead.

Administrative Law Examples

In addition to the division of public powers between the various territorial bodies (central government, territory, municipality), most countries have authorities specializing in specific disciplines, often requiring specialized technical knowledge and equipment. ۔ Examples are the British Environment Agency and the Dutch Waterschappen.

Administrative functions and competencies are divided into several layers of management authorities, not only within the nation-state. Today, many management tasks are performed jointly by European and national authorities. Regional and national authorities often work closely with the European Commission and European agencies.

Examples of such cooperation can be found in the field of food safety and air traffic safety, or in the field of natural resources, which together form a European ecological network. Therefore, the administration is no longer a purely national affair but a joint venture of European, national and regional authorities. This is called multilevel governance. Various tools and options to protect common interests.

In the public interest, management has a variety of tools at its disposal – namely, judicial and factual actions – to implement its policies and bring legal consequences to individuals. The legislature may authorize the governing body to issue general rules, and may also authorize the governing body to grant subsidies or permits and to make decisions on individual matters. In some cases, in order to achieve certain policy objectives, the governing body needs to take factual action.

For example, municipalities install litter bins and flower tubs to decorate streets and public places.

Qualifications In continental legal orders, there is a fundamental difference between qualification under public law and qualification under private law. In short, public law competencies are competencies that are used exclusively by government officials.

Therefore, qualifications under public law are qualifications that private law subjects (citizens, businesses) may not have, such as the right to raise taxes or the right to issue residence permits to foreigners. Administrative authorities can have both types of powers. In addition to qualifications under public law, which are reserved for management authorities, private law acts, such as contracting for bridge construction, may also serve the general interest.

What Is Administrative Law?

In everyday life, many things are arranged by government officials, not by private parties. To get your car to school or university, you must have a driver’s license.

Leave a Comment