Introduction to Administrative Law

Introduction to Administrative Law

• Administrative law encompasses the rules and procedures governing public authorities and their actions.
• The role of the State has evolved, from maintaining order and protecting boundaries in the 19th century, to encompassing community services and wealth distribution in the post-industrial revolution era.
• Modern States provide public goods and services, such as those provided by Police and Welfare states.
• Administrative authorities and their officials, along with their powers, procedural rules for public powers, substantive requirements (that public authorities must follow), and judicial protection are core concepts under the administrative law framework.

Instruments and Powers of Public Administration

• Public administration strives to serve the public interest.
• Legislator empowers the administrative body, helping it formulate and implement policies.
• Juridical acts, including general and specific acts, are essential aspects to consider to define policies. Examples are resolutions or rulings.
• Factual acts are concrete actions that support policy objectives.
• Competences, public law, and private law principles are key considerations for the administrative body.

Public Law v Private Law

• The state balances its role as both facilitator and potential limiter of freedom.
• The co-originality of freedom and authority, as conceptualized by Habermas, is essential in understanding public law.
• Public law focuses on managing political power, its structure, and its interactions with citizens. Examples include structural organization and interactions with citizens.
• Private law covers relationships between individuals and entities, including matters of contracts, property, and family issues.

Public Law: Constitutional and Administrative Law

• Constitutional law defines state structure, fundamental rights, and core values, while evolving beyond traditional conceptions throughout the 20th century.
• Administrative law implements and enforces constitutional frameworks and principles, adapting to changing societal needs.

Administration Within the Trias Politica

• The separation of powers (legislative, executive, judicial) is a cornerstone principle in governing administration. This separation is essential to prevent abuse of power.

Global Administrative Law

• Globalization has led to an increase in the recognition of comparative administrative law.
• Global Administrative Law (GAL) addresses the interconnected challenges of global interdependence and provides solutions to the accountability deficit caused by international bodies.
• GAL comprises mechanisms, principles, practices and social understandings supporting global accountability, involving transparency, participation, reasoned decision-making, and legality. The principles are necessary for the functioning of global administrative bodies.