Introduction to Administrative Law
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Questions and Answers

Which of the following roles of the State emerged after the industrial revolution?

  • Protecting territory against invasions
  • Judicial protection against administrative action
  • Maintaining law and order
  • Providing community services (correct)
  • What are the components of administrative law as per its topics?

  • Private law agreements
  • Public goods and services
  • Historical context of the State
  • Judicial protection and public powers (correct)
  • How does public law primarily differ from private law?

  • Public law focuses on managing political power and citizen interactions (correct)
  • Public law restricts individual freedoms
  • Private law handles community services distribution
  • Private law acts as a facilitator of state power
  • Which of the following best defines a factual act in the context of public administration?

    <p>A concrete action taken to achieve policy goals</p> Signup and view all the answers

    What does the concept of 'co-originality of freedom and authority' imply in public law?

    <p>Political power and individual freedoms are interconnected</p> Signup and view all the answers

    What does constitutional law primarily define?

    <p>The state's structure, fundamental rights, and core values</p> Signup and view all the answers

    What is a significant characteristic of administrative law?

    <p>It implements and enforces constitutional frameworks and principles</p> Signup and view all the answers

    According to the content, what is essential to prevent the abuse of power?

    <p>Checks to power within government structures</p> Signup and view all the answers

    Which statement best reflects the view of virtue in governance as presented?

    <p>Virtue must be constrained to prevent power abuse</p> Signup and view all the answers

    How has the role of public law evolved during the 20th century according to the information provided?

    <p>It has expanded beyond traditional public law</p> Signup and view all the answers

    What is one primary requirement for obtaining a permit to construct a new power plant in an industrial area?

    <p>Environmental Law compliance</p> Signup and view all the answers

    What guarantees the employment of civil servants in the public sector?

    <p>Life tenure absent grave misconduct</p> Signup and view all the answers

    In the context of public administration reforms, what shift is mentioned regarding terms of employment?

    <p>Performance indicators influencing flexibility</p> Signup and view all the answers

    How does the judiciary function in the context of public administration?

    <p>It checks the executive's adherence to legal limits</p> Signup and view all the answers

    What does comparative administrative law emphasize?

    <p>The uniqueness of national administrative systems</p> Signup and view all the answers

    What primary method is used for recruitment in public administration?

    <p>Merit-based recruitment</p> Signup and view all the answers

    Which aspect of the public sector is more standardized compared to private enterprise?

    <p>Pay scales and benefits</p> Signup and view all the answers

    What does Montesquieu suggest about the relationship between law and administration?

    <p>Administration is bound by the law's framework</p> Signup and view all the answers

    What was a significant change in the perception of administrative law over time?

    <p>Comparative administrative law has gained recognition.</p> Signup and view all the answers

    What role do courts play regarding the executive branch of government?

    <p>They check the executive's compliance with laws.</p> Signup and view all the answers

    Study Notes

    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.

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    Description

    This quiz explores key concepts of administrative law, including the role of public authorities, procedural rules, and the evolution of State functions. Understand the frameworks that govern public administration and the judicial protections in place for citizens. Dive into the instruments and powers that enable public administration to serve the public interest.

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