Functions, principles and system of administrative law
As a branch of law, administrative law has a number of functions. These functions are determined by the appointment of administrative law as a regulator of public relations in the sphere of the implementation of executive power (public administration). Rightful function is determined by the fact that administrative law is a legal form of implementing the executive power. Legislative function is determined by allotting the subjects of executive power with the authority for administrative rulemaking. The law enforcement function ensures compliance with the rule of law established in public administration and the protection of the legitimate rights and interests of all participants in regulated management relations.
Administrative law, performing its functions, is based on certain principles defined by its subject matter. Of fundamental importance are those that are enshrined in the Constitution. The most important principle of administrative law is priority of the person and her interests in the life of society (Article 2 of the Constitution). This principle is very indicative for administrative and legal regulation, since it is in the process of implementing the executive power that the rights and freedoms of the individual and citizen become real and guaranteed, and their protection is ensured. Norms of this branch of law accordingly form the administrative and legal status of the individual.
Administrative and legal regulation is carried out taking into account the principle separation of powers, which is to ensure business interaction between all branches of government, which involves preventing the substitution of one branch of power for another, the invasion legislative power in the sphere of executive power and vice versa. Norms of administrative law determine the activities of the executive branch, its independence and interaction with other authorities.
The mechanism of administrative and legal regulation is built and taking into account the principle of federalism. The fact that administrative and administrative procedural legislation is referred to the joint jurisdiction of the United States and its subjects (clause "to" Part 1, Article 72 of the Constitution). Accordingly, an important issue is the practice of establishing administrative and legal norms at the level of US subjects in accordance with the norms of federal legislation.principle of legality. This principle assumes that the executive bodies (officials) in the application of administrative law must strictly comply with US law.
The principle of administrative law is the principle publicity. This principle means that the normative acts applied in the process of administrative and legal regulation affecting the rights and freedoms of citizens do not apply if they are not officially published to the public. When creating administrative and legal norms at any level, conditions should be ensured for expressing and taking into account the opinion of both public associations and individual citizens and possible addressees of future administrative and legal norms.
The principle of responsibility with respect to administrative and legal regulation means not only a real administrative offense for violations of the requirements of generally binding administrative and legal norms, but also disciplinary liability of officials as unlawful application of the norms of administrative law, and for dishonest execution of their duties and other violations of the procedure for preparing and entering into legal force and implementing administrative law.
Administrative law, like other branches of law, is a system, consisting of institutions and norms of administrative law.
The general part of the administrative law establishes the general institutes of the administrative law defining the administrative law in system of the United States right. These include the subject and method of administrative law, administrative and legal norms and relations, subjects of administrative law, administrative and legal forms and methods of activity of subjects of public administration, administrative responsibility, administrative procedural law.
A special part of the administrative law determines the organization of public administration in various spheres of state activity - in the spheres of economy, socio-cultural, administrative and political.
Within the framework of these institutions, the norms of administrative law that regulate the management of certain branches and spheres of state activity-industry, agriculture, communications, trade, defense, security, internal affairs, justice, etc., are singled out.
Thus, administrative law is the basic and complex branch of United States law. This is due to the need to implement executive power in all spheres of society. From the effectiveness of its implementation (organization of public administration) depends crucially on the vital activity of the state, guaranteeing the exercise by citizens of rights and freedoms.
Accordingly, the system of academic discipline "Administrative Law" is also being built on the administrative law system.
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