Class 2

Question 1

Administrative law reflects the juridical development of

Answer 1

administrative
power in national legal orders.

Question 2

“administration publique” and “bureaucratie” is ?

Answer 2

an organization founded on the centralization of public offices, public officials, and a particular (special) forum – were born with the ancient regime in France
along with the XVIII century as a form of public power with tangible authoritarian
effects on persons

Question 3

The French tradition was very influential in many parts of the world (francophone
countries, Latin America, etc.), also bringing its legal “conceptual vocabulary”
(Rose-Ackerman, Lindseth, 2010) related to some of the most important legal
institutions of the administrative law, such as:

Answer 3

• acte administratif [=> administrative provision, as the primary outcome of the
  administrative power, etc.]
• service public [=> obligations safeguarding citizens before the public
  power codified by statutory laws (see, infra, public office, public service, etc.)]
• « dualité de juridiction » and « spécialité de juridiction »the judicial review
  of authoritative powers (“acte administrative”) pursuing public interests is
  held by special (ad hoc) courts is different from the civil jurisdiction.

Question 4

why is there a separation of jurisdictions in administrative law?

Answer 4

This system was established to safeguard the State’s purposes and
prerogatives (privileges?) pursued through authoritative power and separated
to other jurisdictions because «juger l’administration, c’est encore administrer»
(«to judge the administration is still to administer,» thus to pursue some public
interests / benefit).
This view appears to be the opposite of the “unique (or common) jurisdiction,”
where the judicial review” is “common” to everyone. (=> see also, infra, Conseil
d’Etat).]

Question 5

What is one reason that the common law systems objected to the creation of special administrative courts?

Answer 5

The critique of the continental conception of such a special status supported the
remark that legal disputes should be settled only by ordinary courts. While in
contrast, (“special”) administrative courts would not have given
citizens reasonable due protection in disputes with public authorities, not being
independent enough from the executive branch.