Introduction to Administrative Law
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Questions and Answers

What is the primary role of constitutional law?

  • To define administrative procedures
  • To oversee family matters in law
  • To govern individual contracts
  • To establish the fundamentals of state structure and rights (correct)

How does administrative law adapt according to societal needs?

  • By implementing and enforcing constitutional frameworks (correct)
  • By eliminating unnecessary regulations
  • By defining the state structure in a static manner
  • By adopting rigid procedures to ensure consistency

What is the significance of limiting power in government?

  • To prevent the abuse of power by those in authority (correct)
  • To create absolute control over the citizenry
  • To ensure government can act without restrictions
  • To enhance the ability of individuals to govern themselves

Which form of government does the content suggest is conducive to political liberty?

<p>Moderate governments (A)</p> Signup and view all the answers

What is a core principle of the trias politica model mentioned in the content?

<p>Checks and balances to limit abuse of power (D)</p> Signup and view all the answers

What was the primary focus of states in the 19th century?

<p>Maintaining law and order and protecting against invasions (D)</p> Signup and view all the answers

Which of the following best describes the role of administrative authorities?

<p>Serve public interests and enforce laws (A)</p> Signup and view all the answers

What is a key aspect of public law in relation to citizens?

<p>Manages political power and structure (D)</p> Signup and view all the answers

Which of the following is NOT considered a competency of public administration?

<p>Conducting private negotiations (A)</p> Signup and view all the answers

What best characterizes the Co-Originality Thesis in the context of state power?

<p>Freedom and authority are interdependent (B)</p> Signup and view all the answers

Which statement accurately reflects the roles of the State post-industrial revolution?

<p>The State began to provide community services and distribute wealth (D)</p> Signup and view all the answers

Which of the following is part of the procedural rules applicable to public powers?

<p>Guidelines for administrative authority actions (A)</p> Signup and view all the answers

What distinguishes factual acts from juridical acts in public administration?

<p>Factual acts are aimed at achieving concrete policy goals (C)</p> Signup and view all the answers

What is a key requirement for obtaining permission to construct a new power plant?

<p>Approval from environmental law authorities (D)</p> Signup and view all the answers

How is civil servant employment characterized?

<p>Life tenure except in cases of grave misconduct. (C)</p> Signup and view all the answers

Which is NOT a reason for promoting flexibility in public sector employment?

<p>To standardize pay scales across departments. (D)</p> Signup and view all the answers

What is the role of the judiciary in the context of public administration?

<p>To check if the executive acts within legal limits. (B)</p> Signup and view all the answers

What has changed regarding comparative administrative law?

<p>It is recognized in legal scholarship and practice. (A)</p> Signup and view all the answers

In which system does public management reforms aim to align with performance indicators?

<p>Public sector employment (A)</p> Signup and view all the answers

What is a characteristic feature of public administration recruitment?

<p>Merit-based recruitment is emphasized. (B)</p> Signup and view all the answers

What is generally true about the relationship between public sector employment and private sector employment in terms of tenure?

<p>Public sector employees typically enjoy life tenure barring serious misconduct. (A)</p> Signup and view all the answers

What are some factors contributing to the need for change in administrative law?

<p>Enhanced international diffusion of information (A)</p> Signup and view all the answers

Which statement best describes multilevel governance?

<p>Administrative decision-making occurs at multiple levels. (D)</p> Signup and view all the answers

How is EU law executed at the national level?

<p>Through the national administrations (D)</p> Signup and view all the answers

What does the report 'Can We Sustain Globalisation?' claim about globalization?

<p>It is about the freer movement of goods, services, ideas, and people. (B)</p> Signup and view all the answers

What is one of the main motivations for the establishment of global administrative law?

<p>To address the consequences of globalized interdependence (D)</p> Signup and view all the answers

Which of the following areas might require transgovernmental regulation?

<p>Cross-border health and environmental issues (C)</p> Signup and view all the answers

What type of administration is characterized by direct oversight at the EU level?

<p>Direct Administration (C)</p> Signup and view all the answers

Which of the following statements is incorrect about indirect administration?

<p>It bypasses national administrations completely. (B)</p> Signup and view all the answers

What does the term 'accountability deficit' refer to in global administrative law?

<p>The lack of political control by democratically elected representatives. (B)</p> Signup and view all the answers

What key aspects does Global Administrative Law promote regarding global administrative bodies?

<p>Transparency, participation, reasoned decision, and legality. (D)</p> Signup and view all the answers

Which statement accurately describes a potential response to an accountability deficit?

<p>Implementing new mechanisms of administrative law at the global level. (A)</p> Signup and view all the answers

Which of the following is NOT considered a mechanism of Global Administrative Law?

<p>Strict adherence to national laws. (C)</p> Signup and view all the answers

In the context of Global Administrative Law, what is the significance of social understandings?

<p>They influence how accountability is perceived and practiced. (C)</p> Signup and view all the answers

Flashcards

Administrative Law

The branch of law that governs the structure, powers, and procedures of administrative agencies.

Administrative authorities

Government bodies or agencies that are responsible for implementing and enforcing laws, rules, and policies.

Public Law

Governs the relationship between citizens and the state.

Private Law

Governs the legal rights and relationships between individuals or organizations.

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Juridical Acts

Formal actions of administrative bodies, like issuing permits, regulations, etc

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Factual Acts

Administrative actions that have consequences, but aren't formally recorded as laws or regulations.

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Powers of administrative authorities

The legal authority given to administrative bodies to make decisions and act in specific situations.

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Substantive requirements

The rules and principles that public authorities must follow to ensure their actions are fair, legal, and appropriate.

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Constitutional Law

Defines the fundamental structure and principles of a state, including fundamental rights and core values.

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Trias Politica

A doctrine that separates governmental power into three branches: legislative, executive, and judicial, to prevent abuse of power.

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Abuse of Power

When a government official or body uses their authority for personal gain or to violate rights.

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Checks and Balances

Mechanisms designed within the Trias Politica to prevent any branch from gaining too much power.

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Power Plant Example

Illustrates how the three branches of government interact in the process of approving and regulating a new power plant.

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Civil Servant Employment

Employment within the public sector, characterized by legal guarantees like life tenure, merit-based recruitment, and standardized pay scales.

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Public Management Reforms

Changes within public administration aiming for more flexibility and performance-based outcomes in civil service employment.

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Privatization

Transferring public services or assets to private ownership and operation.

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Administrative Law Beyond Borders

The recognition of administrative law as a global concept, prompting comparison and borrowing of best practices across different jurisdictions.

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Comparative Administrative Law

The study and comparison of administrative law systems from different countries.

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Why Administrative Law is Important?

It ensures fair and effective administration of laws and policies by providing a framework for citizen rights and accountability.

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Multilevel Governance

A system where administrative decision-making occurs at multiple levels, such as within a nation, between nations, and within international organizations.

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Direct Administration

The implementation and enforcement of EU law directly by EU institutions and agencies.

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Indirect Administration

The execution of EU law through national governments and their administrative bodies.

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Transgovernmental Regulation

Legal rules and procedures that extend beyond national borders to address issues of global interdependence.

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Globalized Interdependence

The interconnectedness of nations through trade, communication, and shared challenges like climate change.

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Consequences of Globalization

The positive and negative effects of increased global interconnectedness on societies, economies, and environments.

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Areas Needing Transgovernmental Regulation

Issues that require coordinated action by multiple countries, such as environmental protection or global security.

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Why Global Administrative Law?

The need for a global legal framework to address the challenges and opportunities arising from increased interconnectedness.

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Accountability Deficit

A situation where global administrative bodies lack sufficient oversight and control from democratically elected representatives, leading to a lack of transparency and responsiveness.

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Global Administrative Law (GAL)

The set of rules, principles, and practices that govern the accountability of international organizations and their administrative actions. It aims to ensure transparency, participation, and legality.

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What are the key elements of GAL?

GAL promotes accountability through various mechanisms: transparency, participation, reasoned decision-making based on law, and effective review of actions.

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How does GAL address the accountability deficit?

Global Administrative Law aims to close the accountability gap by establishing standards and mechanisms to ensure that international organizations are responsible for their actions and decisions.

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Types of Responses to Accountability Deficit

Responses to the accountability deficit include: extending domestic administrative law principles internationally, creating new accountability mechanisms, and developing global administrative law to address international decisions and rules.

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Study Notes

Introduction to Administrative Law

  • Administrative law is a branch of public law
  • Addresses administrative authorities and their servants
  • Covers powers of administrative authorities and procedural rules applicable to public powers
  • Also encompasses substantive requirements public authorities must follow and judicial protection against administrative action

The Role of the State Throughout History

  • 19th century: States focused on maintaining law and order, protecting territory
  • Post-industrial revolution: States also provide community services and distribute wealth
  • Nowadays, States provide public goods and services, like police and welfare

Instruments and Powers of Public Administration

  • Administration serves the public interest
  • The legislature empowers administrative bodies
  • Administrative bodies use juridical and factual acts to achieve policies
  • Administrative bodies use public and private law

Public Law vs. Private Law

  • Context in liberal orders: the state acts as both a facilitator and a potential freedom limiter
  • Concept of co-originality of freedom and authority (Habermas)
  • Public law manages political power, organization, and citizen interactions
  • Private law governs individual and entity relationships (contracts, property, family)

Public Law: Constitutional and Administrative Law

  • Constitutional Law defines state structure, fundamental rights, and core values.
  • Constitutional law has expanded beyond traditional public law in the 20th century
  • Administrative Law implements and enforces constitutional frameworks
  • Administrative law continually evolves to meet modern society's needs

Administration Within the Trias Politica

  • The separation of powers involves legislative, executive, and judicial branches
  • These branches are interconnected

Montesquieu

  • Power should check power, preventing abuse
  • Government should be structured to prevent individuals from being forced to do things not obligated by law, or being prevented from things permitted by law

Administration within the Trias Politica - Practical Example

  • The construction of a new power plant in an industrial area needs environmental and construction permissions
  • The legislator sets requirements for this regulation
  • The administration applies this procedure
  • The judiciary checks if the executive (administration) stays within legal parameters

Public Administration

  • Civil servant employment: legal guarantees, life tenure with limitations for misconduct
  • Merit-based recruitment, promotion (seniority and merit)
  • Standardized pay and benefits compared to private enterprises
  • Public management reforms – flexible policies, performance indicators
  • Privatization

Administrative Law Beyond the State Border

  • Administrative law is seen as a unique system, a body of law with no comparisons (no transplants)
  • Recent recognition of comparative administrative law in legal scholarship and practice
  • Reasons for change are Globalization, enhanced international information diffusion, and issues needing common responses (cross-border issues in health, safety and environment)

European Administrative Law

  • Multilevel governance, with European and national layers of administrative decision-making
  • Areas of joint European/national authority involve Food Safety, Traffic Safety, and the designation of nature reserves

Direct vs. Indirect Administration(European Administrative Law)

  • Direct administration: EU laws are adopted and executed at EU level
  • Indirect administration: EU laws are executed through national administrations

Multilevel Governance

  • Global, regional, national, state/provincial, local levels of administration.

Global Administrative Law

  • Globalization (freer movement of goods, services, ideas, and people)
  • Consequence of globalized interdependence – need for areas of regulation to address this (i.e., environmental protection, law enforcement, trade in goods, intellectual property standards, labor standards)
  • The global accountability deficit and need for responses: strengthening domestic administrative law mechanisms at global levels

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Introduction to Administrative Law PDF Lecture Week 10 2024

Description

This quiz explores the fundamental concepts of administrative law, including its role in public law and the powers of administrative authorities. It discusses the historical evolution of the state's functions and the distinction between public and private law. Test your understanding of how administrative bodies operate to serve the public interest.

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