Comparative Administrative Law
Volledige vakbeschrijving
The primary functions of administrative law are: a) power-establishing - to enable the government to put its policies into effect; b) power-checking - to keep the powers of the government within their legal boundaries, so as to protect those affected (citizens and companies) against their abuse.
The course Comparative Administrative Law provides an introduction into these functions of administrative law as applied in the legal systems of France, Germany, the Netherlands, and the United Kingdom (mainly England & Wales). The course concentrates on the following themes: 1) the administrative decision-making process and its outcome (the forms of administrative action); 2) the general principles regulating administrative decision-making and the concept of discretion; 3) the access to administrative courts; 4) the remedies against abuses of the administration.
Doelstellingen van dit vak
Through this course, students will be able to explain and discuss the main concepts/structuring themes of administrative law as emerging from the legal systems of France, Germany, the Netherlands, and the UK. Furthermore, they will be able to compare specific differences and similarities between these four systems of administrative law. Finally, the course will instruct students to use administrative law to address legal issues in multiple legal systems.
Aanbevolen literatuur
- A reader
- Casebook Judicial Review of Administrative Action – the Maastricht Edition (Hart, 2020).