PHYSICS 102 Lecture 24:
Administrative law
1.1 Police to the welfare state
- 19 century, the public authorities were limited to maintaining law and order; defending it
territory. They were refrained from interfering with rights and freedoms
- After the industrial revolution, the state was tasked with providing services and
distributing wealth amongst society. (social security benefits )
1.2 Multilayer governance
● Central government/ region/
● competence/ independence differ from each layer and can furthermore differ
between different states
1.3 Various instrument and powers to protect the general interests.
● Various instruments - juridical and factual acts - to put polices into effects and bring
about legal consequences upon individuals
● Public Competence - the competence exclusively available to public authority, not
private.
1.4 the Administration within the Trias Politica
● To avoid the high concentration of power; competence of the government must be
divided into 3 sectors
1. Executive -Legislature
2. Administrative - public authority - enforces legislators rules
3. Judiciary- makes sure both legislature & admin acted accordingly
1.5 Admin issues (questions)
1. Powers that admin needs to fulfil their tasks
2. Safeguarding function ( protection rights and interest of individual against admin)
2 Public Power (Rule of law & Legality)
● Legality principle- the competence for admin ( public authority to act) must have a
basis in legislation.
● Detourmlegislationent de Pouvoir- Admin cannot use their competence for any other
purposes other than what they were conferred too.
3. Procedure rules and Substantive requirements
- Admin sector has been giving more competence to interfere over the rights & obligations
of individuals
- Tax law however they enjoy very little discretionary power
- Land use they enjoy lots of discretionary power.
- Fundamental rights- when it has to take concrete cases into account it has to account for
fundamental rights on individuals.
Document Summary
19 century, the public authorities were limited to maintaining law and order; defending it territory. They were refrained from interfering with rights and freedoms. After the industrial revolution, the state was tasked with providing services and distributing wealth amongst society. (social security benefits ) Competence/ independence differ from each layer and can furthermore differ between different states. 1. 3 various instrument and powers to protect the general interests. Various instruments - juridical and factual acts - to put polices into effects and bring about legal consequences upon individuals. Public competence - the competence exclusively available to public authority, not private. To avoid the high concentration of power; competence of the government must be divided into 3 sectors: executive -legislature, administrative - public authority - enforces legislators rules, judiciary- makes sure both legislature & admin acted accordingly. 1. 5 admin issues (questions: powers that admin needs to fulfil their tasks, safeguarding function ( protection rights and interest of individual against admin)
