THE GREAT TRADITIONS OF PUBLIC ADMINISTRATION WITH EMPHASIS ON PUBLIC PARTICIPATION AND LOCAL GOVERNMENT:
COMPARATIVE PUBLIC ADMINISTRATION FRANCE, UNITED KINGDOM, AND EUROPEAN UNION

Denis Galligan
Fall Term 1995
Department of Legal Studies, Budapest
CENTRAL EUROPEAN UNIVERSITY


COURSE DESCRIPTION

The object of this course is to introduce the principles of administrative law of the United Kingdom, France and European Union.

Particular emphasis will be placed on the legal regulation of the power exercised by administrative authorities and officials. This will include study of the legal recourse which an individual person or a group has against such bodies. It will also consider the participation of individuals in the administrative process.

The topics covered will be:
1. The constitutional and administrative structure of these system.
2. The exercise of administrative powers; short study of how administrative bodies make their decisions and use their powers.
3. The legal control of administrative powers: including a study of forms of redress open to aggrieved persons; special appeal tribunals, the Ombudsman, judicial review.
4. The scope for participation by individuals and groups in the administrative process.

Materials
1. Textbooks:
P. Cane, Introduction to Administrative Law (Oxford, 1992)
L. Neville Brown and J. Bell, French Administrative Law (Oxford, 4th Ed., 1993)
T. Hartley, Foundations of European Community Law (Oxford)

2. Further reading:
D.J. Galligan, Discretionary Powers (Oxford)
D.J. Galligan, (ed), Administrative Law
P.P Craig , Public Law and Democracy (Oxford, 1990)

3. In addition to the above materials, I shall supply copies of selected articles and essays.


Comparative Public Administration
United Kingdom And France


I. The constitutional background in the UK

(i) Historical character
(ii) Constitutional structure
(iii) Institutions of the constitution
(iv) Sources of the constitutional principles
(v) Principles and doctrines
- Sovereignty of Parliament
- Separation of powers
- Independent judiciary
- Rule of law
- Constitutionalism

Reading
S.A. de Smith: Introduction to Constitutional and Administrative Law
Wode and Bradley: Constitutional and Administrative Law
G. Marshall: Conventions of Constitution

Comparative Public Administration
France, United Kingdom And European Community


II. The Administration: nature, powers, controls

(i) Variety of authorities constituting administration

: Central Department
: Local governments
: Regulatory bodies
: Inspectorates, commissions
: Service providers
: Tribunals
: Inquiries

Reading:
De Smith, Constitutional and Admininstrative Law, chs. 9-11
Cane, Administrative Law pp. 38-43

(ii) What kinds of powers do they have?
a. Legislative or Rule-making powers; formal; informal
b. General policy issues
c. Adjudication powers
d. Modified adjudicative powers
Reading:
Galligan, Discretionary Powers, pp. 108-112

(iii) Lines of Accountability
a. Ministerial accountability to parliament
b. Direct accountability of authorities to parliament
c. Scrunity by Select Committees of Parliament
d. Direct democratic accountability
e. Indirect democratic accountability
f. Investigation by Parliamentary Commissions (Ombudsman)
g. Judicial Review
h. Compatibility with European Law
i. Recourse to the European Court of Human Rights

Reading:
De Smith, Constitutional and Administrative Law, pp. 186-197

(iv) Influences on the exercise of administrative powers
: Efficiency and effectiveness
: Political factors
: Organizational factors
: Economic factors
: The nature of the task
: The moral attitude of officials
: The implications of rational action
: Arbitrariness
: Fairness

Reading:
Galligan, Discretionary Powers, pp. 128-161, & 164-183

(v) The balance of discretion and rules
: Structuring discretion
: The merits of rules and standards
: The merits of discretion

Reading:
Galligan, Discretionary Powers, pp.108-117

CORPORATIVE PUBLIC ADMINISTRATION
FRANCE, UNITED KINGDOM AND EUROPEAN COMMUNITY

III. Legislation powers of the administration: rule-making

a.Two types of legislative rules: formal, informal
: Formal rules made by express statutory authority of parliament
: Informal rules made in the structuring of discretinary powers

b.The reasons for investing legislative rule-making powers in administrative bodies

c. Procedures for formal rule-making

d. Paricipation by individuals and groups in formal rule-making: the role of interest groups

e. Controls on formal rule-making:
: Parliament
: Consultative process
: Judicial review

f. Procedures for informal rule-making

g. Participation by individuals and groups in informal rule-making
: the role of interest groups

h. controls on informal rule-making
: Parliament
: Consultative process
: Courts

Reading:
P. Craig, Administrative Law pp. 172-195
M. Asimov, Delegated Legislation: "United States and United Kingdom" (1983) 3 Oxford JLS 253 ( in D.J. Galligan, ed, Administrative Law )
D.J. Galligan, Due Process and Fair Procedures, (chs. 8 from forthcoming boook)

COMPARATIVE PUBLIC ADMINISTRATION
FRANCE, UNITED KINGDOM AND EUROPEAN COMMUNITY


IV. Judicial Review of Administrative Action

i. Judicial review and the rule of law
: the foundations of judicial review
: why is judicial review important
: the limits of judicial review

ii. Grounds of judicial review: general
: jurisdiction and the idea fo limited power; the concept of ultra vires
: issue of law and fact
: controlling discretinary power: improper purposes;
unreasonableness; fettering; abdicating or contracting away
: procedural controls on administrative decisions

iii. Paricipation and procedural fairness
: participation by interested persons in administrative decisions: statutory, common law, administrative practice
: judicial reviews and the right to be heard; the principle of natural
justice

iv. Who may seek judicial review
: the concept of locus standi or standing

Reading:
Essential: Cane, Introduction to Administrative Law, chs. 6,7,8,and 9.

COMPARATIVE PUBLIC ADMINISTRATION

Judicial Review: Further Reading
D. J. Galligan, Discretionary Powers, chs. 6 and 7
D. J. Galligan, "Judicial Review and the Textbook Writers" in Galligan, (ed) Administrative Law
J.A.G. Griffith, "Judicial Decision-Making in Public Law" in Galligan, Administrative Law
T.R.S. Allan, "Pragmatism and Theory in Public Law" in Galligan, (ed) Administrative Law

COMPARATIVE PUBLIC ADMINISTRATION
FRANCE, UNITED KINGDOM & EC


v. Ombudsman
(i) Nature of different commissions for administration
(ii) Powers
(iii) How effective are they?

Reading:
Cane, Administrative Law , ch. 18

vi. Tribunals
(i) Origin of tribunals
(ii) Powers
(iii) How important are they?

Reading:
Cane, Administrative Law , ch. 19


B. Administrative Law

1. The constitutional and administrative background

Reading:
N. Brown & Bell, French Admininstrative Law, chs 2 & 3
W. Safran, The French Polity, ch. 8

Further Reading:
A. Stevens, The Government and Politics of France, part II

2. The Administrative Courts
(i) History and nature

Reading:
N. Brown & Bell, French Administrative Law, chs. 3 & 4

(ii) Procedure in action for review

Reading:
N. Brown & Bell, French Administrative Law, ch 5

(iii) Acts subject to review

Reading:
N. Brown & Bell, French Administrative Law, chs. 6 & 7

(iv) Principle of Legalité and the Grounds of Review

Reading:
N. Brown & Bell, French Administrative Law, pp. 166-172, ch. 9


Digitized version prepared by the Curriculum Resource Center (CRC)
CEU Budapest, Hungary
Revised: April 1996

Gal_PubAdmin.F95Leg.v2


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