Introduction to Comparative Administrative Law
Author : lois-ondreau | Published Date : 2025-05-29
Description: Introduction to Comparative Administrative Law Part I Legal Regulations on the Organisation of the Public Administration Prof dr habil István Hoffman Professor ELTE ÁJK Professor of University UMCS WPiA
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Transcript:Introduction to Comparative Administrative Law:
Introduction to Comparative Administrative Law Part I – Legal Regulations on the Organisation of the Public Administration Prof. dr. habil. István Hoffman Professor (ELTE ÁJK), Professor of University (UMCS WPiA) i.hoffman@poczta.umcs.lublin.pl Block seminar Introduction Methods of legal comparison The first question: What is Love Law? (1) The first question: What is Law? (2) The different approaches Postivism (Hart) Monism – Dualism (for example: ius naturale – ius positivum) – Pluralism Different approaches of pluralism Pluralism in Roman Law (Samuel, 2019, 144, after D.1.1.1.) Modern pluralism (Samuel, 2019, 144) Challenges of Comparison Law and Language expression, translation (distortion) Law and fact (actual and virtual facts) Levels of comparison Micro (presumption of similarity) and macro (presumption of difference) approaches Genealogical and analogical comparison Genealogical: influence – specific rules Analogical: institutions Internal and external comparison Methods of legal comparison (1): main methods Functional: analysis of the functions of legal rules (social sciences!) Between functionalism and structuralism: Schemes of intelligibility Analysis of schemes Law and the dialectical schemes Structural: analysis of the structure Hermeneutical Methods of legal comparison (2): Functional method (1): rule based analysis (Samuel) Methods of legal comparison (3): Functional method (2): case based analysis (Samuel) Methods of legal comparison (4): Structural method Comparative Administrative Law and Comparative Public Administration Legal and Administrative Comparison Introductory remarks Analysis of the public administration: Different approaches Different elements Legal comparison and public administration The main field of the comparative law The evolvement and development of comparative administrative law comparative municipal law Jurisprudential comparison Different levels of the comparison First level: country studies Second level: comparison of the legal institutions Formerly the majority of the books on comparative legal analysis: country studies Changing methods: see Bogdandy et al. (2014) and Rose-Ackermann et al. (2017) Legal systems and administrative law (1) Legal systems (René, Zweigert/Kötz) Common Law Continental French (Latin) German Scandinavian Eastern Central, Eastern and South Eastern European Traditional (Formerly: Socialist) Tiers of legal comparison of the different systems (1) Legal culture (after Kuhlmann & Wollmann) – based on traditional comparative law approach Common Law Roman – French Roman – German Roman – Scandinavian Rule of Law (Rechtsstaat) vs. Public Interest Procedural models Common Law French German Tiers of legal comparison of the different systems (2) Constitutional model Legal regulation on form of government) Presidential Semi-Presidential Parliamentary ‚Council of Ministers’ Westminster Chancellor Federal or unitary state Federal Unitary Centralised Decentralised Regionalised Comparative public administration (comparative
