11. Control.

Control - administration is controlled in four ways. Firstly, internally by superiors. Secondly by administrative body of higher order. Thirdly, by special type of institution-in Poland it is independent from all other powers Independent Chamber of Control. Fourthly by courts. There are two types of courts-regular,general courts and administrative courts. Both of those types of courts do control how law is executed by administration.

Administrative courts control only execution of law-whether administrative decision was based on correct norms in correct way. Legality of decision is checked, not its content. So only basis of decision in law is controlled. Formal questions are answered. Questions regarding exercise of public power. Whereas general courts are also checking material case-the very issue that was subject of administrative decision, its merits. The distinction between administrative courts and common courts here is peculiar for continental law systems.

In common law system administrative law is also present, but due to role of courts in lawmaking, courts have different form of control over administration, connected with specific remedy measures that common law system implements. Till XX century UK did not had separate branch of courts taking care of administrative decisions, in fact administrative law was not regarded as separate type of law. It was perceived as part of whole legal system-this view was held due to the fact, that idea of setting separate court system and separate type of legal relation connected with administrative law seemed to be inconsistent with common law-it was perceived as creation of new, privileged type of institution in relation to other citizens. Thus development of administrative law is rather fresh occurrence within UK law system. The reason why UK started to adopt administrative law as separate is due to its integration with EU, as well as realization that administrative law and administrative courts are setting better protection of citizen in relation with the state. also the fact that need to create bigger and more potent administration of the state, not present so much in previous centuries, meant that legal system as no longer suited for this type of control and this type of state activity.

III. Legal personality

Legal personality means, ins simplest words, to be recognized as subject of law. It means that law recognizes, that we are capable of having rights and duties. In other words - having legal personality means we carry rights and duties with us.

To possess legal personality means, that we can act within legal system, we are separate and independent unit of a law. We can enter in contracts, we can have obligations and duties, we can have rights, we can sue or be sued, we can vote or being voted for and so on.

Being subject of rights and duties means, that anything under the law that is recognized as having legal personality can have rights and duties. It does not have to be a human. Therefore we can divide legal personality into two types - natural person and legal person, or juridical person. Natural person typically acquires legal personality at the moment when they are born. However juridical persons (artificial persons, legal entities) - they are formed under the law. For instance corporation is juridical person. It is not a person in physical sense, but it can be subject of rights and duties. It can act as if it was a person. Such entity is created when natural persons from juridical person trough, for instance, incorporation, creation of foundation and others. Although in practical sense people are acting, not institutions, they are doing so on behalf of this legal entity, not on their own. Thus it is legal entity, such as corporation, that is subject of rights,duties and liabilities connected with actions of those people.

Legal personality is inherently connected with idea of legal capacity and competence.

Legal capacity means ability to modify legal relations or initiate them. In polish law this does not decide what kind of legal relations are allowed. In common law system legal capacity also means what kind of relations are included.

Polish law system, similarly to US legal system, recognizes difference between capacity (to be subject of law and modify legal relations), and actual concrete competence to do so. Thus legal capacity means only ability to enter legal relations, and legal competence means to what degree that is possible.

The legal capacity is decided depending whether its natural or fictional person. If it natural, then either moment of being born, or place of living decides about legal capacity. In common law system its domicile-place of living.

In common law legal capacity is decided by place of living. Therefore legal rights and duties are acquired and decided according to place, where person lives – where it is permanent resident. In continental system place of birth “creates” legal capacity, and afterwards-permanent residence determines it. So in common law system with change of permanent residence our recognition as subject of law changes. Legal capacity is decided by jurisdiction. In continental law, it is given from moment of birth.

Legal capacity can be diminished due to lack of mental capacity to enter relations (retardation or other illnesses), or due to age - children have limited legal capacity. It can also be limited by legal actions (sentence, or limiting legal capacity by court).