Administrative Law The Separation of Power Droit Administratif (French system) Administrative Law (British system) Function & characteristies The Rule of Law The Separation of power since at least the time of Aristoteles class interest: Monarchy, aristocracy, democracy British institution monarch: House of Lords – Common Montesquieu – conflicts between King & Parliament 17 cent The Separation of power Legislative power – enacting general law Executive power- concerning with the implementation and enforcement of the law Judicial power concerned with the settlement of disputes about the law The Separation of power legislative executive judiciary Rule making Rule application Rule adjudication To put the law into effect Process to change the norm of law Effective to apply for individual van Vollenhoven Regeling Bestuur Rechts pleging Politie regelaar recht justitie recht politie recht bestuur recht Droit Administratif L. Neville Brown & John S.Bell An uncodified branch of a civil law system Fully developed system of administrative law The developed system centered upon the Council d’Etat, forms the basis of many continental system, and has influences such international institutions as the AdministrativeTribunals of the UN; the Court of Justice of the EC Droit Administratif – Adm. Law L.Neville Brown & John S. Bell Droit Administration is correctly translated into English as “Administrative Law” – the whole of the various organs of the administration, and also the law relating to the civil service (la fonction publique) Droit Administratif Principles A.V. Dicey These general ideas is the necessity of separation of powers (separation des pouvoirs), or in other words, of preventing the Gov, the legislature and the Courts from encroaching upon one another’s province. Droit Administratif Principles A.V. Dicey These ideas is that Gov and every servant of the Gov, possesses, as representative of the nation, a whole body of special rights, privileges or prerogatives as organ private citizens. Droit Administratif Principles A.V. Dicey It is rather the sum of the principles which govern the relation between French citizens, as individuals and the administration as the representative of the state The function of Droit Adm To determine what types of state officials and administrative Authorities are maintained, how they are appointed, what their status, what salary they received What manner public services will operate to meet the need of citizen Public Privat Law L. Neville Brown & John S. Bell Separation between Public -Privat Law which is hallmark of the French System’ The Duality of Court L. Neville Brown & John S. Bell The “duality” of the droit civil and the droit administratif in French, and more particularly the dual system of courts, cannot be understood without some appreciation of French Constitutional history The Duality of Court L. Neville Brown & John S. Bell On the one hand, there has been the authoritarian or Bonapartist tradition(inherited from the Ancient Regimes of autocratic rule based upon a powerful and centralized bureaucracy and acting more less independently of Parliament. The Duality of Court L. Neville Brown & John S. Bell On the other hand, there is the Parliamentary tradition, where by the elected assembly imposes its will upon the executive, although still a strong bureaucracy The Duality of Court L. Neville Brown & John S. Bell In proportion as Parliament has weakness, so the powers of the executive have been strengthened and distributed between President and Prime Minister Function & Characteristies Adm. Law Peter Leyland & Terry Woods It embodies positive principles to facilitate good administrative practice – rules of natural justice or fairness It operates to provide for accountability and transparency Rule of law means John Alder That Gov and political power should be limited by rules. Published and known in advance and applied equally impartially to all That the law once made should be obeyed even by those who disagree with it on moral grounds Dicey doctrine The absolute supremacy or predominance of ‘regular’ law as opposed to the influence or arbitrary powers and the absence of discretionary authority on he part of Government Equality before the law, all persons are subject to the same law administers by ordinary courts Dicey doctrine The constitutions is the result of the ordinary law of the land developed by the judges on a case by case basic
