PHYSICS 102 Lecture 10:
Administrative Law
From police state to welfare state: Task of the state shifted towards providing community
service and distributing wealth, not just maintaining law and order. Topics: administrative
authorities and other civil servants; how admin authorities get power; procedural rules for
the use of public powers; substantive requirements admin authorities have to take into
account when using their powers; objection procedures and judicial protection against
administrative action.
Multilayer governance: admin tasks are divided between several layers of admin authorities
within a national state. Nowadays also performed jointly by national and European
authorities. A joint venture of the European, national and regional authorities.
Instruments and powers to protect the general interest: Juridical and factual acts, legislative
can empower admin body to issue general rules. In admin law, private citizens can’t have
competence, exercised exclusively by public authorities.
Admin within the trias politica: division of powers between the legislature, the
administration and the judiciary. Admin receives power from legislature. Judiciary control
whether the executive has remained within the confines of the law.
Legislative power
Attributes power Attributes power
Reviews Acts
Executive Powers Judicial Powers
(admin)
Public Powers: Rule of law and legality principle: Left half of trias politica. Admin is always
bound by the law. Legality principle requires that the admins competence to act must have
a basis in legislation. Legislature endows the admin with necessary instruments to put its
policies in various areas of society into effect and serve the general interest. French call it
detournement de pouvoir – may not prohibit something just cause he doesn’t personally
agree with it. May not divert its competence.
Rationale of general principles – Preventing abuse of discretionary power: Little leeway to
weigh diverging interests when making decision = little discretionary power. Tax law have
little leeway. Land use plans, deciding what land should be used for eg. residential or
industrial, legislation unable to regulate in detail which decision should be made. Admin
enjoy more discretionary power. Admin has to respect fundamental rights and take general
Document Summary
From police state to welfare state: task of the state shifted towards providing community service and distributing wealth, not just maintaining law and order. Multilayer governance: admin tasks are divided between several layers of admin authorities within a national state. Nowadays also performed jointly by national and european authorities. A joint venture of the european, national and regional authorities. Instruments and powers to protect the general interest: juridical and factual acts, legislative can empower admin body to issue general rules. In admin law, private citizens can"t have competence, exercised exclusively by public authorities. Admin within the trias politica: division of powers between the legislature, the administration and the judiciary. Judiciary control whether the executive has remained within the confines of the law. Public powers: rule of law and legality principle: left half of trias politica. Legality principle requires that the admins competence to act must have a basis in legislation.
