Administrative court
In this article we will analyze the Administrative court phenomenon from different perspectives, with the aim of understanding its impact on contemporary society. Over the last decades, Administrative court has been acquiring increasing relevance in various areas, generating debates and controversies around its meaning and consequences. From a historical, sociological, political, economic and cultural approach, we will explore how Administrative court has shaped the way we relate, think and organize ourselves as a society. Likewise, we will examine different theories and studies that will help shed light on this phenomenon and its influence on people's daily lives. Through a deep and rigorous analysis, we aim to offer our readers a complete and enriching vision of Administrative court and its implication in the current world.
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| Administrative law |
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| General principles |
| Grounds for judicial review |
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Administrative law in common law jurisdictions |
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Administrative law in civil law jurisdictions |
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An administrative court is a type of specialized court on administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered separate from ordinary courts.
The administrative acts are recognized from the hallmark that they become binding without the consent of the other involved parties. The contracts between authorities and legal persons governed by private law fall usually to the jurisdiction of the general court system. Official decisions contested in administrative courts include:
- taxation
- dispensation of monetary benefits
- environmental licenses
- building inspection
- child custody
- involuntary commitment
- immigration decisions
- summary public payments (other than fines imposed by general courts)
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In several countries, in addition to general courts, there is a separate system of administrative courts, where the general and administrative systems do not have jurisdiction over each other. Accordingly, there is a local administrative court of first instance, possibly an appeals court and a Supreme Administrative Court separate from the general Supreme Court.
The parallel system is found in countries like Egypt, Greece, Germany, France, Italy, some of the Nordic Countries, Portugal, Taiwan and others. In France, Greece, Portugal and Sweden, the system has three levels like the general system, with local courts, appeal courts and a Supreme Administrative Court. In Finland, Italy, Poland and Taiwan, the system has two levels, where the court of first instance is a regional court. In Germany, the system is more complicated, and courts are more specialized.
In Sweden and Finland, legality of decisions of both state agencies and municipal authorities can be appealed to the administrative courts. In accordance with the principle of the legal autonomy of municipalities, administrative courts can (if not stipulated otherwise) only review and rule on the formal legality of the decision, not its content. In the case of state agencies, administrative courts may rule on the actual content of the decision.
The United States does not have a separate system of administrative courts in the judicial branch. Instead, administrative law judges (ALJs) preside over tribunals within executive branch agencies. In American jurisprudence, ALJs are always regarded as part of the executive branch, despite their quasi-judicial adjudicative role, because of the strict separation of powers imposed by the United States Constitution. Decisions of ALJs can be appealed to courts in the judicial branch.
Notably, in 1952, the Communist East German government abolished the administrative courts as "bourgeois". This limited the citizens' ability to contest official decisions. In 1989, re-establishment of the system began in DDR, but the German reunification made this initiative obsolete.
List
- The Administrative Court is a specialist court of the King's Bench Division of the High Court of Justice in England and Wales
- Administrative courts in Greece
- Supreme Administrative Court of the Republic of Poland
- Administrative Court of Austria
- Administrative courts in Albania
- Administrative Courts in Finland
- Administrative courts in Sweden
- Administrative courts in Mongolia
- Administrative Court of Thailand
References
- ^ Oikeusministeriö - Justitieministeriet Archived February 10, 2008, at the Wayback Machine
- ^ Farnsworth, E. Allan (2010). Sheppard, Steve (ed.). An Introduction to the Legal System of the United States (4th ed.). Oxford: Oxford University Press. p. 170. ISBN 9780199733101. Retrieved November 17, 2020.
- ^ City of Arlington, Texas v. Federal Communications Commission, 569 U.S. 290, 304 n.4 (2013).
