Introduction to Law: Administrative Law Concepts class 6

This set of vocabulary flashcards covers the core concepts of administrative law, including the roles of public authorities, principles of governance, and the mechanisms of judicial review as presented in the lecture.

Administrative law focus

The study of the role of the executive, principles of administrative law, and judicial review of administrative action.

Public authorities (Regional)

Entities such as Flanders, the city of Brussels, or a member state of a federation.

Public authorities (EU)

Entities such as the European Central Bank or the European Medicine Authority.

Public authorities (Specialised)

Entities such as the Environmental Agency or Child Protection Services.

Multilayer governance

A system of administration involving regional, EU, and specialised public authorities.

Trias Politica

The separation of powers into legislative, executive, and judicial branches.

Executive power

The largest and most diverse power that has grown rapidly in the past century; it includes quasi-legislative and quasi-judicial functions and must act in line with legislation.

Instrumental function

The category of administrative law concerning the administrative powers and functions attributed to public authorities.

Safeguarding function

The category of administrative law concerning the protection of citizens’ or companies’ rights and interests against the use or abuse of power.

Legality principle

A principle requiring that the powers (competences) of authorities must be set out in law or have a legal basis.

Détournement de pouvoir

A situation where authorities use their powers for a purpose that was not intended.

Margin of discretion

The degree of detail in a legislative framework that determines how much freedom an administrative authority has in decision-making.

Judicial review limits

The principle that the judiciary should not assess the suitability or desirability of a policy choice (administrative discretion) but should assess the exercise of that discretion within legal limits.

Standing

The ability of an individual (applicant) to have a claim dealt with before a court, based on a link between the individual and the subject matter.

Remedies

Actions individuals can take against administrative activities if they have standing, depending on the objective of administrative justice.

Annulment

A typical remedy in administrative law with the goal of depriving a contested measure of its effects.

Performance

A typical remedy aimed at forcing administrative authorities to take certain measures, also known as injunctive measures.

Preliminary objection

A review process before a quasi-judicial or hybrid body that may occur before reaching specialized administrative courts.