Public law 14- the administrative state Flashcards
roles of the government
1- implementation of the law and its enforcement
2-policy maker
3- holding and managing offices to enforce the law and turn policies into tangible actions
Define the administrative function and list its roles
- the executive power to perform in public interest
define public administrations
- government branches and offices implementing the law through tangible actions
What does the administrative state refer to
the administrative state refers to the nexus between the government (policymakers) and public administrations (implementing those policies)
are governments and public administrations close?
they used to be in the past. now, some distance is required between the government and oublic administrations to safeguard third parties(citizens) from abuses of power.
To prevent arbitrary decisions,
the principle if legality( administrations acting under the law) forces public administrations to perform their authoritative power under the law.
what are the categories of public administrations
1) national public administrations (eg ministries)
2) other national public administrations- independent from the government (eg agencies, public universities)
3) local public administrations: local power(eg municipalities)
list the patterns of the administrative state that is the relationship between ministers and the public offices
1- pure hierarchical system
2-directional system
3-spoil system
describe the pure hierarchal system
the relationship between the minister and the ministry:::::the minister was qualified as the highest public officer with direct command over the executive departments under his competence.
why is the pure hierarchal system considered outdated today?
it is considered outdated because it may cause a lack of impartiality in management and it is too high risk for ministers to face legal consequences
describe the directional system
this system sets aside policymakers from public administrations. unelected and unrepresentative civil servants would drive public offices.
describe the spoil system
this patterns grants each minister the power to appoint the civil servant in office. this systems aims to balance the connection between public offices and policymakers.
describe the quasi judiciary pattern
the decision maker should be neutral
this pattern is developed in countries with a common law system.
describe and give an example on the independent administrative authority
the law entrusts these authorities to safeguard specific constitutional standards
- partially indpendent(in civil law countries)
-eg. financial conduct authority
Agencies that safeguard constitutional standards to pursue public interests like:
-measures and provisions
-administrative sanctions
-soft laws and opinions
