- •1. What is constitution?
- •2. Influences.
- •3. Constitutional law.
- •4. Sources of constitutional law:
- •5. Forms of constitution.
- •6. Position of constitution in legal system:
- •7.Passing constitution.
- •8. Judicial review of constitution.
- •1.Definition
- •2. Differences between administrative law and courts.
- •3. Way of functioning.
- •7. Characteristics of administrative law.
- •8. Types of norms in administrative law:
- •9. Administrative apparatus
- •10. Organizing administrative apparatus.
- •11. Control.
- •III. Legal personality
1.Definition
Administrative law:concerned with the composition, procedures, powers, duties, rights and liabilities of public bodies that administer public policies
Administration is a system of institutions of a state whose function is to organize and manage certain sector of public affairs-implementing government policy- trough issuing of laws - authoritative commands, called administrative decisions, by exercising dominion. The dominion can be understood as ability to unilaterally shape legal status of given subject.
The difference therefore between contract law/civic law is the fact, that there people are shaping their legal status due to their actions. Only voluntary action or effect of such action can change legal status. Administration on the other hand has the ability to change legal status of a person/legal person unilaterally regardless of ones actions.
Administrative decision is issued on behalf of the state - what administration does is understood as action of the state. This decisions once issued is supported by state authorities, which includes - if necessary - using force.
administrative law is a law that governs issues of state administration, sets its structure, powers, responsibilities and limitations. It is a branch of public law that regulates duties, rights and procedures of administrative bodies, institutions of state in respect to themselves as well as other non-public entities with respect to the state.
Legal relations in administrative law are different from other relations in that they always have, as one of the parties, institution of the state or institution that received delegated duty to act on behalf of the state.
Administration functions within constrains of the law – the rule of law doctrine: all institutions of the state have to act on the basis and within limits set by law. Without basis in law administration cannot act.
2. Differences between administrative law and courts.
Administrative law is different than the court law.
a) there is no equality between parties. Administration is dominant party and is involved in each case. In court proceedings court is objective judge that is not a party to the case.
b) administration is designed to implement polices of the government. Courts are designed to protect private interests, protect individuals-both real and legal persons.
c) Administration is build according to hierarchical structure, where lower circles of administration are subordinated to the higher ones. Courts are independent in their decision making, and they are subordinated only to the law. Court of higher order can override decision of court of lower order, but not trough command to the court of lower order to do so, but by doing trial and looking at the case again. There are no consequences if decision of previous court is found out to be wrong, courts are issuing decisions independently from themselves. Administration has to execute orders from higher circles and consequences of mistakes and wrong application of law or ignoring commands can be severe.
d) administrative proceedings are not contradictory in nature, they are not adversial - it is not happening between two equal sides, arguing about issue. Administrative proceedings are based on inquisitorial system of procedure.
