The characteristic features of droit administratif in the French legal system include emphasizing the separation of powers between administrative authorities and judicial bodies, granting administrative bodies discretionary powers and flexibility to make decisions in the public interest, establishing a hierarchical structure of legal norms, requiring that administrative actions have a legal basis to act within their prescribed powers, handling administrative disputes in specialized administrative courts with expertise in administrative law, orienting administrative decisions towards the public interest, and providing for judicial review to control the legality of administrative actions.
The characteristic features of droit administratif in the French legal system include emphasizing the separation of powers between administrative authorities and judicial bodies, granting administrative bodies discretionary powers and flexibility to make decisions in the public interest, establishing a hierarchical structure of legal norms, requiring that administrative actions have a legal basis to act within their prescribed powers, handling administrative disputes in specialized administrative courts with expertise in administrative law, orienting administrative decisions towards the public interest, and providing for judicial review to control the legality of administrative actions.
The characteristic features of droit administratif in the French legal system include emphasizing the separation of powers between administrative authorities and judicial bodies, granting administrative bodies discretionary powers and flexibility to make decisions in the public interest, establishing a hierarchical structure of legal norms, requiring that administrative actions have a legal basis to act within their prescribed powers, handling administrative disputes in specialized administrative courts with expertise in administrative law, orienting administrative decisions towards the public interest, and providing for judicial review to control the legality of administrative actions.
The characteristic features of droit administratif, or administrative law in
the French legal system, include:
1. Separation of Powers: It emphasizes the separation of powers between
administrative authorities and judicial bodies, allowing each to function independently within its designated sphere.
2. Discretionary Authority: Administrative bodies have discretionary
powers, granting them flexibility to make decisions in the public interest, often based on expert judgment.
3. Hierarchy of Norms: There is a hierarchical structure of legal norms, with
administrative regulations deriving their legitimacy from higher legal sources such as statutes or constitutional principles.
4. Principle of Legality: Administrative actions must have a legal basis,
ensuring that authorities act within the limits of their prescribed powers and that citizens have legal recourse against arbitrary decisions.
5. Specialized Administrative Courts: Specific courts, separate from
ordinary judicial bodies, handle administrative disputes. These specialized courts have expertise in administrative law matters. 6. Public Interest Orientation: Administrative decisions are oriented towards the public interest, reflecting the notion that administrative authorities act for the common good.
7. Judicial Review: There is a system of judicial review to control the
legality of administrative actions, allowing individuals to challenge decisions that violate legal norms. These features collectively define the unique characteristics of droit administratif, contributing to the distinct nature of administrative law in the French legal framework.