Administrative Law

Administrative Law

Administrative Law

Administrative law can be defined as a set of legal rules that are related to administrative work, and govern the administrative authorities in the state in terms of their activities and composition as a public authority that has its privileges in its relationship with individuals, and administrative law is a branch of internal public law that exists in every state regardless of its level. And its civilized progress, and in this definition, we can deduce two concepts of public administration, the organic concept, and the objective concept. The public in the state.

Administrative law is a branch of public law, and it means a set of legal rules that are based on regulating the affairs of the executive authority through administrative functions. It also seeks to explain how to exploit state funds, and how to manage public utilities.

The Genesis of Administrative Law

The emergence of administrative law The beginning of emergence of administrative law dates back to the nineteenth century AD during the French Revolution in 1789 AD when France established an integrated and independent administrative system. The French initially consider disputes between them and individuals with a system called the judicial administration, then the law establishing the Council of State was issued during the era of Napoleon Bonaparte, and provincial councils were established, which served as advisory councils, whose mission was limited to providing advice, legal drafting or studying disputes The administrative judiciary has been called the impounded judiciary.

After that, a law was issued giving the State Council the powers to adjudicate administrative disputes without the need for the ratification of the head of state, in addition to its authority to formulate legislation and fatwas. Specific conditions determined by law, in which stakeholders can file their case directly with the National Assembly, and at this stage, the administration remained the competent authority to look into administrative disputes.

This idea was transmitted to Anglo-Saxon countries such as Britain and the United States of America, but they refused to adopt the independent administrative system but rather relied on the ordinary judicial courts that consider all kinds of disputes regardless of their parties. In matters of individuals, courts, and tribunals were established to hear administrative disputes; Such as the Court of Industry and the Court of Transportation, but the nature of the work of these courts differs from the French administrative courts, as these courts decide on disputes that arise to apply certain laws, and also did not require that the judge in these courts be a man of law, and they issue judgments without mentioning the reasons.

Administrative law first originated in France, which is considered its cradle, and then spread to the rest of the world. The reason for the emergence of this law was the ideas of the French Revolution in 1789 AD, which called for:

  • Separation of the three powers.
  • Preventing judicial courts from settling administrative disputes.
  • Characteristics of Administrative Law.
  • Many characteristics distinguish administrative law, namely:
  • Considering administrative law as a modern law

The legal principles of administrative law did not appear until the twentieth century AD, through the laws established by the French judiciary, which relied on legal theories that contributed to the formulation of its texts in the form recognized at present.

The Inability to Aodify Administrative Law

That is, its sub-texts are not combined into one law like some other types of laws; Because each branch of administrative law has its role, and it is relied upon in applying the law to business, and the administrative legal texts differ between countries in the world, and they are often not the same. The judicial character of administrative law

Administrative law is characterized by the ease of its application within the courts; Because it depends on the presence of the administrative judiciary component, as a legislative means that is concerned with resolving judicial disputes between professional parties in the business environment.

Flexibility

Administrative law is distinguished in this capacity and differs from other laws, which depend on fixed legal texts. Some texts in administrative law may develop if there are reasons and influencing factors.

Independence

The sense that administrative law is an independent law, and it has judicial powers to consider rulings related to it.

The Rules of administrative law are attached to the public order

The rules of administrative law are peremptory and enforceable, and whoever violates them will be punished, because they are linked to achieving the public interest. Administrative Law Sources

Administrative law has several sources that contributed to the formulation of its laws, including:

Legislation

Legislation is a set of legal rules issued by the competent authority in the state, and the authority in it is either a constituent authority that issues constitutional legislation that transcends other legal rules, which are the main source of administrative law. Business within specific legal topics, such as the organization of the administrative apparatus in the state and the rights and freedoms of individuals, or the authority is a legislative authority, and ordinary legislation is issued from it and is called the law, which comes in second place after the constitution, or the authority is an executive authority that issues regulations and subsidiary legislation, which are general rules It comes in the third stage after the constitution and ordinary legislation, and from the types of regulations issued by the administration; Implementing regulations, disciplinary regulations, and necessity regulations. Custom

Custom is a set of rules that the administration used to carry out the performance of its functions, as this custom has become binding on the administration and whoever violates it requires punishment, and custom has two pillars; A material pillar is to do or refrain from doing an action, regularly without interruption in all similar cases, with enough time for its stability, and amoral pillar represented in the administration’s respect for the rules and not violating them.

It is worth noting that the judiciary is not considered an official source of law. This is because the function of the judiciary is the application of laws and the settlement of disputes, but the characteristics and circumstances of administrative law worked to establish an administrative judiciary that went beyond the ordinary judiciary until the judiciary became one of the most important official sources of administrative law. Rules and Rules If the law does not find a text that applies it to the dispute, then the judge here is not bound by the provisions of civil law.

These principles are not based on written legislation, but rather on the judiciary, whose role is limited to revealing the principles and verifying their existence, so the principles are binding and obligatory.

Administrative Law Topics

Among the most important topics studied in administrative law are:

Administrative Decision

Means the administration’s disclosure of its binding will to what is required by the provisions of the law, so the disclosure is either a positive expression or it may take a negative expression, to create a legal effect, canceling it or modifying it, whether it is related to an organizational decision or an individual decision regarding specific individuals.

Administrative Contact

It is the contract concluded by the state as an ordinary individual, and this type of contract is governed by the rules of private law, and the ordinary judiciary is competent to adjudicate disputes arising from it, and the administrative contract may be a contract to which the provisions of common law apply, and the double judiciary is the judiciary that specializes in settling In the disputes arising from it, due to the incompatibility of the rules of private law with the nature of the activity practiced by the Department.

Public Position

It is the duties and responsibilities within a public utility, where the state establishes, supervises, and manages these public utilities to achieve the public interest.

The Importance of Administrative Law

 Each state seeks to achieve the general needs of the members of society, so a group of bodies works to provide these needs, which may be individual activities aimed at profit or fame, including administrative activities for which the executive body or the so-called public administration is responsible, where the needs are presented for the public interest. Administrative law communicates with the public administration, which usually consists of employees and bodies who exercise the administrative function of the state to achieve public needs. Hence the importance of administrative law, as it is related to the public interest, and the following are the most important applications provided by administrative law:

Administrative Organization 

Administrative law determines the nature of administrative bodies and authorities and works on establishing principles for the relationship that exists between them.

Administrative Activity

Administrative law provides a set of rules, and the role of these rules is to control the movements made by the administration and determine the way it performs its various functions. These rules have two main forms:

Administrative control

Which is carried out through a set of rules that control the actions and procedures of the administration, which are related to maintaining public order, and thus protecting public liberties. Disputes that may occur in the administration fall under these rules, for which the administrative law is responsible.

Public Facility

Public utilities refer to projects that aim to achieve public benefit, as there is a department responsible for providing various services to members of society to meet their many needs. The administrative law sets a set of rules that allow interference in the public administration of these projects in various forms.

Management Means and Methods

These are the provisions that provide the administration with the different ways and means that it can use to carry out its activities, and these means take 3 different forms:

  • Material means: These means govern the administration's disposal of public money.
  • Human means: These methods relate to the management’s actions related to the human resources it works with, such as employees.
  • Legal methods: These include decisions and contracts issued by the administration.

تعلم اللغة الانجليزية
تعلم اللغة الانجليزية