Administrative Law lecture 1 .docx - Administrative Law...

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Administrative Law - Public Law (consisting of constitutional & administrative) - Constitutional law gives foundation, administrative build on that Administration = public bodies: State (parliament, government, ministers), Provinces, Municipalities Administrative Law: law dealing with relationship between public administration and its citizens. Central to this law is the idea of Montesquieu: power should not belong to 1 entity: legislative, executive & judicial power. Administrative law is OF and AGAINST the state: Of -> ‘toolbox’ for state to achieve shit Against -> protection of individual rights Key issue: legislature cannot legislate on every single aspect of society bills are drafted in general terms, but there is a need for customization (maatwerk). Principle of legality : public bodies should be conferred determined powers by law (Act of Parliament) for specific purposes find legal basis / framework But: Public bodies need discretion in fulfilling their tasks EXAMPLE: Agency X shall refuse the license
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