The Law of the Constitution

1909 ◽  
Vol 3 (3) ◽  
pp. 362-370
Author(s):  
Edmund M. Parker
Keyword(s):  
Nineteenth Century ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Litigation ◽  
Notable Feature ◽  
Seventh Edition ◽  
Nineteenth Century France ◽  
The Law ◽  
Administrative Courts

The seventh edition of Professor Dicey's well-known volume presents, as its most notable feature, an entirely new chapter on the droit administratif. All the previous editions have contained a chapter with this heading, but the doctrines set forth have, within the last half-dozen years, aroused so much adverse criticism that Professor Dicey has reëxamined the whole subject anew and has restated his views in what now constitutes one of the most valuable chapters of a notable book.The study of administrative law, as a branch of public law, has in recent years obtained increased recognition, and with this has come especial interest in the administrative law of France; for in that country the system has obtained its fullest development. There the evolution has been steady and although it has passed through several stages, is not yet completed. From the beginning of the nineteenth century France has had, for the determination of administrative litigation (the contentieux administratif, as it is termed) a system of special courts separate and distinct from the regular courts of the land. Other countries of continental Europe have more recently established similar courts, it is true, but in none of these is the jurisidiction of such courts as extensive as it is in the administrative courts of the French republic.

1. Introducing constitutions and public law

2019 ◽  
pp. 3-24
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility and control the power of the state. Indeed, a state's constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK's national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.

The Rustic Man: The Rural Schoolmaster in Nineteenth-Century France

1983 ◽  
Vol 25 (1) ◽  
pp. 26-49 ◽  
Author(s):  
C. R. Day
Keyword(s):  
Nineteenth Century ◽  
Primary Education ◽  
Normal Schools ◽  
Professional Goals ◽  
Quality Of Teaching ◽  
The World ◽  
Nineteenth Century France ◽  
The Law ◽  
Insight Into

Historians who have studied French primary education during the nineteenth century, Maurice Gontard, Jacques and Mona Ozouf, and Peter Meyer, have noted the great gains made by the instituteurs and their growing professional-ization from the time of the law of 1833 to the law of the 1880s. Improvements in the quality of teaching derived mainly from the introduction of a national system of normal schools (écoles normales primaires) by the Law on Primary Education of 1833. This article will discuss the history, programs, and organization of these schools and the origin and backgrounds of their students. It will also examine 280 essays written by schoolmasters in 1861 on the state of primary education in the towns and villages of France; these mémoires, written for the most part by graduates of the normal schools, provide first-hand insight into the teacher himself, his professional goals and sense of mission, and how he viewed the world around him in the middle of the last century.

Constitutional and Administrative Law

2020 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
Subject Matter ◽  
Administrative Law ◽  
Public Law ◽  
Writing Style ◽  
The Subject ◽  
Self Test ◽  
The Law

The purpose of this book is to introduce the reader to the fundamental principles and concepts of constitutional and administrative law. It is highly popular with undergraduates for its clear writing style and the ease with which it guides the reader through key principles of public law. This eleventh edition incorporates the significant developments in this ever-changing area of the law. The book also includes a range of useful features to help students get to grips with the subject matter. These include further reading suggestions to support deeper research, a large number of self-test questions to help reinforce knowledge, and chapter summaries and numbered paragraphs to aid navigation and revision. This new edition has been fully updated to cover all the latest developments in constitutional and administrative law, including those relating to devolution and Brexit.

1. Introducing constitutions and public law

2021 ◽  
pp. 3-23
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility; and control the power of the state. Indeed, a state’s constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK’s national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.

The Hughes Court

2022 ◽  
Author(s):  
Mark V. Tushnet
Keyword(s):  
Civil Rights ◽  
Constitutional Law ◽  
Civil Liberties ◽  
Administrative Law ◽  
Public Law ◽  
The Supreme Court ◽  
The Law ◽  
Constitutional Jurisprudence ◽  
Constitutional Revolution ◽  
Comprehensive Study

The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive study of the Supreme Court from 1930 to 1941 – when Charles Evans Hughes was Chief Justice – shows how nearly all justices, even the most conservative, accepted the broad premises of a Progressive theory of government and the Constitution. The Progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation.

The Formation of the Italian Administrative Justice System, European Common Principles of Administrative Law, and ‘Jurisdictionalization’ of Administrative Justice in the Nineteenth Century

2021 ◽  
pp. 282-310
Author(s):  
Marco Mazzamuto
Keyword(s):  
Nineteenth Century ◽  
Justice System ◽  
Civil Law ◽  
Administrative Law ◽  
European Context ◽  
Administrative Courts ◽  
Administrative Justice

The present study deals with the formation of the Italian administrative justice system and its French derivation. The analysis therefore extends into the wider European context in the nineteenth century, showing the existence of European common principles of administrative law and providing reasons that explain why the administrative justice system achieved a citizen protection superior to that of the civil law tradition. Finally, the chapter focuses on the consequences of the process of ‘jurisdictionalization’ of administrative justice, suggesting that the gracieuse origins of administrative justice was more easily saved in systems, such as the French or Italian system, in which the ‘same’ administrative bodies in exercising administrative justice formally became administrative courts.

Adoption for transmission

2018 ◽  
Author(s):  
Elizabeth C. Macknight
Keyword(s):  
Nineteenth Century ◽  
Case Studies ◽  
French Revolution ◽  
Family Relationships ◽  
Male Child ◽  
Nineteenth Century France ◽  
The Law ◽  
Legal Mechanism ◽  
The French Revolution

In families where there was no male child to whom an aristocratic title could be transmitted nobles could pursue the adoption of another male to become the heir. Prior to the French Revolution the legal mechanism that nobles had relied upon was called substitution, which allowed for titles and other property to pass to collateral members of kin. In nineteenth-century France an act of adoption served in a similar way as a solution for the transfer of aristocratic patrimony. To understand the nobility’s recourse to this strategy the chapter examines revolutionary laws concerning family relationships in the areas of adoption and illegitimacy. It provides archival case studies of the application of the law with particular attention to the emotional ramifications in families where adoption occurred.

1. Introduction

2020 ◽  
pp. 1-3
Author(s):  
Richard Clements
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
The Other ◽  
Current Affairs ◽  
Essay Question ◽  
The Subject ◽  
The Law

This chapter advises on how to approach the subject of Public Law and deal with typical exam questions. Public law differs from the other compulsory law subjects in that much is not really law at all, and therefore calls for different skills in the student. To understand public law properly it helps to have some knowledge of current affairs and politics. Public Law is sometimes called constitutional and administrative law, because it looks at both the constitution of the country and the law that regulates the administration. The chapter contains advice on how to answer a problem question using Issue, Relevant Law, Application to the Facts, and Conclusion (IRAC) and how to answer an essay question using Point, Evidence, and Argument (PEA). Preparation for examinations is also covered. When writing an essay, it is best for students to do a rough plan first, listing the main points that they intend to cover. For a problem question, they might also include a list of the main cases. In this subject, it is important to remember that there is no right answer to an exam question, but there is a right way to approach it.

scholarly journals NON-JUDICIAL MEDIATION IN THE LITHUANIAN ADMINISTRATIVE PROCESS: CURRENT ISSUES

2019 ◽  
pp. 115-134
Author(s):  
Eglė Bilevičiūtė ◽  
Vaidas Milius
Keyword(s):  
Public Administration ◽  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
Successful Implementation ◽  
Mediation Model ◽  
Administrative Process ◽  
The Law ◽  
Administrative Courts ◽  
Administrative Proceedings

The article is the first scientific study in the cycle of extrajudicial mediation in the administrative process of Lithuania. The purpose. The article describes the envisaged new legal regulation of non-judicial mediation in the Lithuanian administrative law process, analyzing the works of Lithuanian scholars in this field and new draft legal acts, through the categories defined in the research tasks. The aim of the article is to briefly present and discuss the institute of non-judicial mediation in Lithuanian administrative law science and practice, its current and foreseeable development in administrative justice, to define and analyze the aims of non-judicial mediation in administrative law new legal regulation, the envisaged possibilities of non-judicial mediation as an alternative to peaceful dispute resolution in the administrative law system in Lithuania. In order to achieve the aim and objectives of the research, the analysis of Lithuanian scientists’ works and basic laws and newly drafted legal acts implementing non-judicial mediation, pre-trial administrative proceedings and Lithuanian administrative legal regulation was carried out. Methods: comparative, documents’ analysis, systematic approach and other methods were used for research. Results of research. It can be reasonably stated that Lithuania, having regard to the successful implementation of mediation in civil law, has prepared appropriate amendments to new laws and other legal acts and created an efficient operational basis for the proper functioning of non-judicial mediation in pre-trial administrative proceedings. Conclusions. Summarizing this study, it can be concluded that the legal regulation of non-judicial mediation drafted by the legislators is based on analogy with the regulation of mediation in civil law. As judicial mediation in administrative proceedings is already legally regulated, as a complete analogue to civil mediation and administrative courts already apply it in practice, it is expected that the regulation of non-judicial mediation in administrative proceedings will follow a similar model. According to the proposed non-judicial mediation model, such mediation will only be possible once the dispute has been initiated and resolved by the Lithuanian Administrative Disputes Commission or its territorial offices. Such a model is acceptable given the practical work of the commission and the existing legal regulation, and the commission could operate on the basis of the mediation model of administrative courts. However, the question of the qualifications of mediators remains unresolved, as legal theorists do not agree on what the qualifications of mediators in extrajudicial administrative proceedings should be. There is disagreement as to whether a person who has completed only a supplementary course on administrative law will acquire the necessary knowledge and qualifications, as well as whether it is necessary to have a legal education and a thorough knowledge of the principles of public administration. It should be noted that the successful application of non-judicial mediation in administrative proceedings is highly influenced by the nature of the dispute. It is believed that in administrative disputes concerning material, tax relations, civil service, administration of national, European Union and foreign financial assistance, the possibility of mediation seems realistic in order to resolve the dispute and restore the balance of social peace in a manner acceptable to all parties to the dispute. The first steps have already been taken, the law stipulates that a public administration entity may not aggravate the situation of the person subject to the decision by making or modifying the decision. The drafts initiated in this way are related to the extension of the jurisdiction of the disputes dealt with by the Administrative Disputes Commission, in the hope that before the new wording of the Law on Mediation comes into force, other legal acts will be regulated to enable successful non-judicial mediation.

Constitutional & Administrative Law

2018 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
Subject Matter ◽  
Administrative Law ◽  
Public Law ◽  
Writing Style ◽  
The Subject ◽  
Self Test ◽  
The Law

The purpose of this book is to introduce the reader to the fundamental principles and concepts of constitutional and administrative law. It is highly popular with undergraduates for its clear writing style and the ease with which it guides the reader through key principles of public law. This tenth edition incorporates all significant developments in this ever-changing area of the law. The book also includes a range of useful features to help students get to grips with the subject matter. These include further reading suggestions to support deeper research, a large number of self-test questions to help reinforce knowledge, and chapter summaries and numbered paragraphs to aid navigation and revision. This new edition has been fully updated to cover all the latest developments in constitutional and administrative law, including those relating to devolution and Brexit.

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