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1. Adm Law

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
Executive power- concerning with the
implementation and enforcement of the
Judicial power concerned with the
settlement of disputes about the law
The Separation of power
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
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
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
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