Suchergebnisse

The activity of administrative bodies including the wholeness of various acts and actions, through which is formed and appears the will of public administration. This will of public administration bodies, expressed in administrative individual and normative acts, in administrative contracts and real acts, finds its reflection in the Constitution, laws and other provisions of legal character. All this activity is not inerrant and therefore, it is not uncontrollable. The supervision of executive activity is subject to political control of administrative acts through authorities designated for this purpose, as well as internal control and the judicial control. The institution of judicial control of administrative acts and actions appears as very important and widely treated in legal doctrine. Protection of constitutional and legal rights of private persons is accomplished by subjecting administrative activity both to internal administrative control, as well as the judicial control in accordance with legal provisions. The judicial control of administrative acts represents a constitutional guarantee for citizens to protect their rights through public and fair trial by an independent and impartial court. In this way, the Constitution empowers the common administrative court that invalidates an action or administrative act, but not all administrative acts may be subject to administrative dispute, with the exception of cases against which the administrative conflict cannot be developed (negative enumeration).

Administrative regulation : an introduction -- Judicial review of agency action : an initial look -- Constitutional rights to hearings under the due process clauses of the Fifth and Fourteenth Amendments -- The background and genesis of the Administrative Procedure Act -- An alternative model of administration : independent adjudication -- The choice of action by rule or by ad hoc adjudication or other means -- Judicial review of agency rules and rulemaking : an introduction -- The "hard look" doctrine and judicial review of agency reasoning -- The administrative record and related matters -- Procedural problems incident to judicial review -- Constitutional dimensions of administrative regulation