Administrative Law week 5 definitions

The process of examining the current state of administration and comparing it to desired outcomes.

A court system specifically designed to handle legal disputes involving government actions.

The French Administrative Court, established by Napoleon, handles disputes against the government and also drafts regulations.

The legal principle that allows regular courts to review government actions.

The idea that government actions should not be subject to the same legal processes used in private disputes.

The situation in England where regular courts handle all types of legal cases, including those involving the government.

Specialized courts dealing with legal disputes involving administrative government actions, providing a more informal and faster way to resolve issues.

Legal structures designed to limit the power of monarchs, protecting citizens' rights through an independent judicial system, ensuring fairness and preventing abuse.

The principle that officials in government departments who directly report to the head of government are responsible for policymaking and implementation, while specialized agencies handle only adjudication.

A key motivation for the development of administrative tribunals was to reduce court caseloads, handling administrative disputes more efficiently and providing specialized knowledge.

A series of Acts in England, including the Tribunals, Courts and Enforcement Act 2007, established a system of administrative tribunals to handle disputes against government agencies.

The First-tier Tribunal in England decides general appeals against decisions made by government agencies or departments, offering a fair and independent review process.

Historically, departmental members often influenced administrative tribunals by appointing members and providing funding, blurring the lines between government and judiciary.

The Upper Tribunal is a court hearing appeals from the First-tier Tribunal in points of law. It's considered a superior court of record, aiming to be comparable to the Administrative Court in terms of authority.

Two models exist for handling administrative cases: cassation and reformatory. Cassation allows the court to revoke the original decision and require the authority to reconsider, while reformatory allows the court to directly replace the original decision.

The Ombudsman is an independent institution focusing on controlling public administration activities. They aim to protect individual rights and freedoms through a series of key features.

The Ombudsman features include independence, no formalized proceedings, open accessibility to citizens, ability to act on complaints and ex officio, examining facts and addressing recommendations to the controlled entities, but they lack the power to enforce their recommendations.

A civil servant is someone employed within the executive power, subject to special duties and responsibilities, often requiring specific qualifications. The precise definition can be debated, but this clarifies the general role.

The career model of civil service is a structured system focusing on a formal recruitment process for lower positions, followed by structured training and progression based on merit and seniority, with a set salary framework.

A system where a government employee's salary is determined based on a predetermined plan and not through individual negotiation.

A system where promotions are based on a predefined schedule and criteria, rather than performance.

A legal guarantee that a civil servant cannot be easily dismissed from their job (except for specific reasons).

A set of ethical guidelines that all civil servants are expected to follow.

A system of hiring civil servants based on specific skills needed for a job, regardless of qualifications.

A system which does not rely on a fixed career ladder or promotion structure.

A system where salaries are negotiated between employees and employers through collective agreements.

A system where salary increases are based on individual performance.