After successfully completing this course the student should be able to:
- Explain and discuss the main concepts/structuring themes of administrative law (e.g., competence, public body, discretion, delegation, deference, review, single-case decision-making, rulemaking) and analyze how their different characterizations connect with the specificities of the jurisdiction at play;
- Discuss and reflect on views regarding how administrative law contributes to the practice and control of government and administration;
- Reproduce the basic tenets of (judicial) review and identify relevant steps towards determining whether a particular administrative decision/rule can be reviewed and how;
- Use knowledge of administrative law, as acquired in accordance with the learning goals above, to discuss the role of administrative law in the special topics selected for Part IV: codification of rules on administrative procedures, allocation of scares resources, Global Administrative Law.
- Use knowledge of administrative law, as acquired in accordance with the learning goals above, to address legal issues that involve the exercise of public powers in one or multiple jurisdictions.
Different groups of jurisdictions correspond to each learning goal (see Course Guide for details).
Administrative law deals with that part of the state we tend to refer to as 'administration' and its relationship with citizens. As statehood and citizenship evolve and as administrative institutions are more and more under pressure to live up to multiple and conflicting values, this field of law is becoming increasingly complex. This course is designed to help students find their way in various administrative law systems by starting from the tension "between controlling government through law and the use of law by government to get things done" that lies at the heart of administrative law. The "de-territorialization" of public law through the emergence of agency-networks, governance and privatization (e.g. in sectors such as banking, media, and risk regulation) adds a layer of complexity but also an opportunity for learning. Especially in the context of globalization, in which there is increasing competition between different values, the development of administrative law is turning into a compelling global project.|
The starting point of this course is that lawyers, and certainly not only academically-oriented ones, are active stakeholders in this project. We will thus examine how law contributes to the practice and control of government and administration whilst paying attention to the organizational and political environment in which administrative bodies - local, national, supranational or transnational - operate. This course familiarizes students with classical administrative law concepts, such as delegation and judicial review, but also confronts them with newer topics, such as non-judicial remedies (e.g. complaint processes and non-legal forms of accountability such as audit) and issues of institutional design. The practice of transnational borrowing of legal solutions in administrative law, which is shaped and constrained by political, cultural and constitutional elements, will be a recurrent theme.
This course offers an overview of the most relevant concepts and principles of Administrative Law. For instance, a 'global lawyer' should be able to identify a 'public body' in different jurisdictions, understand the complexities of dealing with public administration, assess the scope of judicial review when discretion is exercised, and the rights and review instruments at the disposal of private actors.
Type of instructions
Lecture and Class Discussion
Type of exams
Written Exam (60%) + short paper 1 (20%) + short paper 2 (20%)