Naslov
Administrative Disputes in Civil Law Jurisdictions

Autori
Ofak, Lana

Izvornik
Max Planck Encyclopedia of Comparative Constitutional Law

Vrsta, podvrsta
Ostale vrste radova, natuknica u enciklopediji, leksikonu, rječniku i sl.

Godina
2017

Ključne riječi
Rule of law, Administration of justice, Judicial review, Judicial power, Individual rights

Sažetak
The comparative analysis of 28 countries, which included civil law and several sharia law countries, shows that constitutions very rarely provide detailed provisions on administrative disputes. Administrative disputes are principally regulated by constitutional provisions relating to the organization of the judiciary. Only a small number of constitutions do not contain special provisions on this topic. All analysed countries allow the courts to review acts of public authorities. The constitutions, in vast majority, do not provide specific rules concerning the forms of suits, time limits, standing, grounds of judicial control, intensity of judicial control etc., but leave these issues to be addressed and regulated by law and the case law of the highest courts which adjudicate administrative disputes. Exceptions exist only in respect of those issues that were singled out by the constitution makers as important, depending on the particularities of each individual country. What is common to all countries is that, through the institution of administrative dispute, the aim is to ensure the settlement of disputes between individuals and different public authorities, by means of judicial control over acts or measures of the latter. How this system is organized depends on the specific needs of each country.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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