ADMINISTRATIVE LAW
W 1: Introduction, Definition, Comparison to Constitutional Law
W 2: Administrative Law, Public Authority
- See Canvas for summary document on the definition of public authority
- RB Stewart, ‘Administrative Law in the Twenty-First Century’ (2003) 78 New York
University Law Review 437
W 3: Comparative Administrative Law
- G della Cananea, The Common Core of European Administrative Laws, Ch. 1 (The
Development of Administrative Law: Fact and Theory)
W 4: Administrative action, Discretionary decisions
- Suggested (not required!) readings:
- Marcello Figueiredo, Administrative Discretion: A Comparative Analysis', available
at https://blog-iacl-aidc.org/blog/2018/5/17/administrative-discretion-a-comparative-
analysisLinks to an external site.
- Grey, J. H.. "Discretion in Administrative Law." Osgoode Hall Law Journal 17.1 (1979) :
107-132. DOI: https://doi.org/10.60082/2817-5069.2069
https://digitalcommons.osgoode.yorku.ca/ohlj/vol17/iss1/3 (Focus mainly on
the Introduction of the article)
W 5: Good Administration and Obdusman
- J Ponce, ‘The Right to Good Administration and the Role of Administrative Law in
Promoting Good Government’Links to an external site. (2016) (available at SSRN)
W 6: Administrative Procedure
- della Cananea, Chs. 5 and 6
W 7: Global Administrative Law
- B Kingsbury, N Krisch, and RB Stewart, ‘The Emergence of Global Administrative Law’
(2005) 68(3) Law and Contemporary Problems 15Links to an external site..
MIDTERM
W 8: Organization of judicial review
- No reading
,W 9: Access to Court, Standing, Legal Aid
- https://publiclawforeveryone.com/2013/07/29/standing-judicial-review-and-the-rule-of-
law-why-we-all-have-a-direct-interest-in-government-according-to-law/Links to an
external site.
- Chevalier, E & Eliantonio, M - Standing before French administrative courts Too
restrictive to effectively enforce environmental rights.pdf
W 10: Grounds of review
- della Cananea, Chaps. 2 & 3
W 11: Evidence, Role of Experts & Amici Curiae, Power of the Court to Decide Issues
Ultra Petitia & Decide Ex Officio
- Ymre Schuurmans - Review of Facts in Administrative Law Procedures A European
Community Law Perspective.pdf
W 12: Digital Government
- Sofia Ranchordás - Connected but Still Excluded.pdfDownload Sofia Ranchordás -
Connected but Still Excluded.pdf
W 13: Remedies and Consequences of Court Decisions, Appellate Proceedings, Interim
Relief
- Cristie Ford - Dogs and Tails Remedies in Administrative Law.pdfDownload Cristie Ford
- Dogs and Tails Remedies in Administrative Law.pdf
- Kars de Graaf & Albert Marseille & Marc Wever - Rebalancing indirect judicial review
of administrative action in the Netherlands.pdfDownload Kars de Graaf & Albert
Marseille & Marc Wever - Rebalancing indirect judicial review of administrative action
in the Netherlands.pdf
W 14: Tutorial
, Week 1: Introduction, Definition, Comparison to Constitutional Law
S Cassese, ‘New Paths for Administrative Law: A Manifesto’ (2012)10(3) International
Journal of Constitutional Law 603-613.
- According to Otto Mayer, “[t]he administration is the activity of the State for the
accomplishment of its ends.” Therefore, administrative law originated as the product of
the state, but has now become dependent on other powers of transnational, global, and
local dimensions.
The literature of the last ten years contains numerous references to two opposite trends: on one
hand, “the end of administrative law,” on the other, the “new administrative law.”
“The end of administrative law”:
- French and Belgian origins literature- administrative law has lost its peculiarities (thus
giving rise to the increasing difficulty in defining its status and scope); it has become a
hybrid, has been destabilized and destructured… because of conflicting causes:
globalization, constitutionalization, destatization, privatization, decentralization. As a
result of the pressures stemming from these diverse trends, administrative law is slowly
losing its raison d’être—its center: the state.
“New administrative law”:
- Mainly by German observers, a new administrative law is developing, due to a process of
change, modernization, and reform.
- more open than the old administrative law, and is focused on “steering” rather than on
ordering
- the product of the new role of the state as a promoter, as a facilitator, as a risk regulator,
and as the helmsman of economy and society. It therefore requires a new, more
interdisciplinary, approach.
Change:
- New concepts and ideas have penetrated the literature: new public management,
governance, accountability, expert bodies, steering
Beyond the State:
, - originated as the product of the state, but has now become dependent on other powers of
transnational, global, and local dimensions
- Many complex phenomena are currently unfolding: the growth of ultra-national and
intra-national powers; increasing “dédoublement fonctionnel” (functional splitting), in
which national governments act both as sovereign powers and as “delegates” of ultra-
national bodies;
- the development of certain basic principles of administrative law at global, national, and
local levels (e.g., in Europe, the principle of “good administration”);
- open statehood (“offene Staatlichkeit”) and increased communication between national
legal orders, thanks to which principles may circulate (e.g., the principle of
proportionality, first developed in the German legal order, was then imported in the
European Union, and from there into many national legal orders);
- development of principles that are shared by several legal orders, at the global, national,
and local levels, which therefore become universal (e.g., the right to a hearing, the duty to
give reasons, judicial review)
- national governments are subject to a contradictory trend: on one hand, their sovereignty
is diminished; on the other, they acquire new tasks (e.g., control of efforts against global
terrorism or global warming)
Beyond democracy:
- National and supranational legal orders are evolving in two directions: vertical
accountability (government responding to institutions) and horizontal accountability
(inter-institutional accountability).
- Delegation of power through elections is complemented by public participation in
decision-making processes, especially in major planning, environmental, and regulatory
decisions.
- Constitutional developments impact administrative law, with global administrative
networking and shared administration responding to increased political cooperation.
- Collaboration and horizontal accountability result from the fragmentation of national
executives into various agencies at the national level.
- Administrative regulation increasingly focuses on procedural regulations to facilitate
public participation.
- The proceduralization of administrative law requires attention to cooperation, co-
decision, reciprocal accountability, procedures, disclosure, access to information, notice
and comment, hearings, and reasoned decisions. Administrative decisions no longer take
center stage; procedure is emphasized.
The “administrative machine”:
- 19th – 20th century -> Weberian-style administration was a “machine,” with linear
development and linear decision-making processes -> the executive branch was ruled
from above (politicians governed bureaucrats), agencies developed according to popular
demand for services as interpreted by parliaments, decision-making processes ran directly
W 1: Introduction, Definition, Comparison to Constitutional Law
W 2: Administrative Law, Public Authority
- See Canvas for summary document on the definition of public authority
- RB Stewart, ‘Administrative Law in the Twenty-First Century’ (2003) 78 New York
University Law Review 437
W 3: Comparative Administrative Law
- G della Cananea, The Common Core of European Administrative Laws, Ch. 1 (The
Development of Administrative Law: Fact and Theory)
W 4: Administrative action, Discretionary decisions
- Suggested (not required!) readings:
- Marcello Figueiredo, Administrative Discretion: A Comparative Analysis', available
at https://blog-iacl-aidc.org/blog/2018/5/17/administrative-discretion-a-comparative-
analysisLinks to an external site.
- Grey, J. H.. "Discretion in Administrative Law." Osgoode Hall Law Journal 17.1 (1979) :
107-132. DOI: https://doi.org/10.60082/2817-5069.2069
https://digitalcommons.osgoode.yorku.ca/ohlj/vol17/iss1/3 (Focus mainly on
the Introduction of the article)
W 5: Good Administration and Obdusman
- J Ponce, ‘The Right to Good Administration and the Role of Administrative Law in
Promoting Good Government’Links to an external site. (2016) (available at SSRN)
W 6: Administrative Procedure
- della Cananea, Chs. 5 and 6
W 7: Global Administrative Law
- B Kingsbury, N Krisch, and RB Stewart, ‘The Emergence of Global Administrative Law’
(2005) 68(3) Law and Contemporary Problems 15Links to an external site..
MIDTERM
W 8: Organization of judicial review
- No reading
,W 9: Access to Court, Standing, Legal Aid
- https://publiclawforeveryone.com/2013/07/29/standing-judicial-review-and-the-rule-of-
law-why-we-all-have-a-direct-interest-in-government-according-to-law/Links to an
external site.
- Chevalier, E & Eliantonio, M - Standing before French administrative courts Too
restrictive to effectively enforce environmental rights.pdf
W 10: Grounds of review
- della Cananea, Chaps. 2 & 3
W 11: Evidence, Role of Experts & Amici Curiae, Power of the Court to Decide Issues
Ultra Petitia & Decide Ex Officio
- Ymre Schuurmans - Review of Facts in Administrative Law Procedures A European
Community Law Perspective.pdf
W 12: Digital Government
- Sofia Ranchordás - Connected but Still Excluded.pdfDownload Sofia Ranchordás -
Connected but Still Excluded.pdf
W 13: Remedies and Consequences of Court Decisions, Appellate Proceedings, Interim
Relief
- Cristie Ford - Dogs and Tails Remedies in Administrative Law.pdfDownload Cristie Ford
- Dogs and Tails Remedies in Administrative Law.pdf
- Kars de Graaf & Albert Marseille & Marc Wever - Rebalancing indirect judicial review
of administrative action in the Netherlands.pdfDownload Kars de Graaf & Albert
Marseille & Marc Wever - Rebalancing indirect judicial review of administrative action
in the Netherlands.pdf
W 14: Tutorial
, Week 1: Introduction, Definition, Comparison to Constitutional Law
S Cassese, ‘New Paths for Administrative Law: A Manifesto’ (2012)10(3) International
Journal of Constitutional Law 603-613.
- According to Otto Mayer, “[t]he administration is the activity of the State for the
accomplishment of its ends.” Therefore, administrative law originated as the product of
the state, but has now become dependent on other powers of transnational, global, and
local dimensions.
The literature of the last ten years contains numerous references to two opposite trends: on one
hand, “the end of administrative law,” on the other, the “new administrative law.”
“The end of administrative law”:
- French and Belgian origins literature- administrative law has lost its peculiarities (thus
giving rise to the increasing difficulty in defining its status and scope); it has become a
hybrid, has been destabilized and destructured… because of conflicting causes:
globalization, constitutionalization, destatization, privatization, decentralization. As a
result of the pressures stemming from these diverse trends, administrative law is slowly
losing its raison d’être—its center: the state.
“New administrative law”:
- Mainly by German observers, a new administrative law is developing, due to a process of
change, modernization, and reform.
- more open than the old administrative law, and is focused on “steering” rather than on
ordering
- the product of the new role of the state as a promoter, as a facilitator, as a risk regulator,
and as the helmsman of economy and society. It therefore requires a new, more
interdisciplinary, approach.
Change:
- New concepts and ideas have penetrated the literature: new public management,
governance, accountability, expert bodies, steering
Beyond the State:
, - originated as the product of the state, but has now become dependent on other powers of
transnational, global, and local dimensions
- Many complex phenomena are currently unfolding: the growth of ultra-national and
intra-national powers; increasing “dédoublement fonctionnel” (functional splitting), in
which national governments act both as sovereign powers and as “delegates” of ultra-
national bodies;
- the development of certain basic principles of administrative law at global, national, and
local levels (e.g., in Europe, the principle of “good administration”);
- open statehood (“offene Staatlichkeit”) and increased communication between national
legal orders, thanks to which principles may circulate (e.g., the principle of
proportionality, first developed in the German legal order, was then imported in the
European Union, and from there into many national legal orders);
- development of principles that are shared by several legal orders, at the global, national,
and local levels, which therefore become universal (e.g., the right to a hearing, the duty to
give reasons, judicial review)
- national governments are subject to a contradictory trend: on one hand, their sovereignty
is diminished; on the other, they acquire new tasks (e.g., control of efforts against global
terrorism or global warming)
Beyond democracy:
- National and supranational legal orders are evolving in two directions: vertical
accountability (government responding to institutions) and horizontal accountability
(inter-institutional accountability).
- Delegation of power through elections is complemented by public participation in
decision-making processes, especially in major planning, environmental, and regulatory
decisions.
- Constitutional developments impact administrative law, with global administrative
networking and shared administration responding to increased political cooperation.
- Collaboration and horizontal accountability result from the fragmentation of national
executives into various agencies at the national level.
- Administrative regulation increasingly focuses on procedural regulations to facilitate
public participation.
- The proceduralization of administrative law requires attention to cooperation, co-
decision, reciprocal accountability, procedures, disclosure, access to information, notice
and comment, hearings, and reasoned decisions. Administrative decisions no longer take
center stage; procedure is emphasized.
The “administrative machine”:
- 19th – 20th century -> Weberian-style administration was a “machine,” with linear
development and linear decision-making processes -> the executive branch was ruled
from above (politicians governed bureaucrats), agencies developed according to popular
demand for services as interpreted by parliaments, decision-making processes ran directly
