Law 5110 Study Guide - Quiz Guide: Montesquieu, A. V. Dicey, Legal Certainty
Document Summary
Important facts adm. law: - deals with interaction between governmental bodies + individuals. After ww ii there was a rise of social welfare state. State provided more community service (public order, social security) Socio- econ. branch: taxation, social security, industrial, monetary policy (limited, no discretionary powers for adm. ) Environmental protection: food production, immigration (discretionary power) Deals with relation between adm. and indiv. Trias politica: - montesquieu: the adm. (executive) function is considered separate from legislative and judicial function (sometimes they overlap) administration: - executive power has to execute the legislation. Adm. puts those rules in effect which the legislator makes courts: - exercise judicial function. Have to adjudicate disputes between adm. and indiv. Always review the legality of adm. decisions (in framework of law) Control of legality (judicial review) legislator: - when creating legislation, responsible to balance out general interest against indiv. interest + specify which decision the adm. should take in an indiv. case to protect general interest.
