||Written Exam (20% paper + 80% written exam)
|Studielast:||6 ECTS credits
|Blackboard informatie||Link to
Blackboard (Als u de melding 'Guest are not allowed in this course' krijgt, dient u nog bij Blackboard in te loggen)
Doel van de cursus
After successfully completing this course the student should:
-Have a solid knowledge of the following main concepts/structuring themes of administrative law as they occur in UK, USA, France, and Germany (Group A) and basic knowledge of the variation that exists in their operationalization across all legal and political systems: Competence, Public body, Principles of Administrative Law, Discretion, Delegation, Deference, Review, Single-case decision-making, Rulemaking;
-Have a basic understanding of the dynamics of administrative law in context: For the countries listed above as ‘Group A’, as well as South-Africa, Brazil, China and Turkey (Group B) and the global level + ‘Group C’ in as far as the issue at hand is featured in the course: understand how law contributes to the practice and control of government and administration whilst paying attention to the constitutional, organizational and political environment as well as the legal culture in which administrative bodies – local, national, supranational or transnational – operate;
-Have basic practical knowledge of judicial and non-judicial review: For the countries listed above as ‘Group A’: understand the practical relevance of the general principles of judicial review and be able to take relevant steps towards determining whether a particular administrative decision can be judicially reviewed; understand why and how the access to, scope of, grounds for and standards of judicial review as well as the remedies available in administrative litigation processes might be limited.
- Have a basic understanding of how administrative law plays a role in the special topics selected for part IV: privatization processes, ‘public contracts’, the regulation of market dynamics and the sub-national levels of government.
- Be able to engage in strategic thinking in administrative law: Be able to come up with strategies, using administrative law and basic insights from regulatory governance, to influence the actions of administrations in the context of a concrete multi-jurisdictional case, on the basis of applicable rules and policies.
Inhoud van de cursus
Administrative law deals with that part of the state we tend to refer to as 'administration' and its relationship with citizens. As statehood and citizenship evolves and administrative institutions are more and more under pressure to live up to multiple and conflicting values, this field of law is becoming increasingly complex. This course is designed to help students find their way in various administrative law systems by starting from the tension "between controlling government through law and the use of law by government to get things done" that lies at the heart of administrative law. The "de-territorialization" of public law through the emergence of agency-networks, governance and privatization (e.g. in sectors such as banking, media, and risk regulation) adds a layer of complexity but also an opportunity for learning. Especially in the context of globalization, in which there is increasing competition between different values, the development of administrative law is turning into a compelling global project.
The starting point of this course is that lawyers, and certainly not only academically-oriented ones, are active stakeholders in this project. We will thus examine how law contributes to the practice and control of government and administration whilst paying attention to the organizational and political environment in which administrative bodies -local, national, supranational or transnational -operate. This course familiarizes students with classical administrative law concepts such as delegation and judicial review but also confronts them with newer topics such as non-judicial remedies (e.g. complaint processes and non-legal forms of accountability such as audit) and issues of institutional design. The practice of transnational borrowing of legal solutions in administrative law, which is shaped and constrained by local political and legal cultures and constitutional systems in this field more than in others, will be a recurrent theme.
This course offers an overview of the most relevant concepts and principles of Administrative Law. A 'global lawyer' should be able to identify a 'public body' in different jurisdictions, understand the complexities of dealing with public administration, assess the scope of judicial review when discretion is exercised, and the rights and review instruments at the disposal of private actors.
Attendance is compulsory.
For specifics please see Blackboard, where you should enroll before the start of the course.
Exchange students please contact the Exchange coordinator, Nicolas Bohórquez Cortés for more information on how to enrol for this course.
- Reading list, see Blackboard
- See Blackboard, and the Course Guide in particular