The administration is increasingly perceived as an actor provided with a certain degree of independence. This article examines the independence of public administration from an interdisciplinary perspective involving a dialogue between constitutional and administrative law and political science. The main constitutional foundations are the principle of separation of powers and the principle of legality. The administration is entitled to a distinct scope of action in the application of the law, in legislation, in the preparation of parliamentary issues and in the budgeting process. It can thus exert a significant influence on the fulfilment of state tasks. However, its actions are subject to the supervision and direction of the government and the oversight of parliament. Its decisions are also subject to judicial control. Finally, the principle of publicity means that the administration is accountable to the public. Its autonomy is thus limited.

Andreas Lienhard, P.B. (2022). The role of constitutional and administrative law in the politics of public administration. Cheltenham : Edward Elgar Publishing [10.4337/9781839109447.00023].

The role of constitutional and administrative law in the politics of public administration

Anna Malandrino
2022

Abstract

The administration is increasingly perceived as an actor provided with a certain degree of independence. This article examines the independence of public administration from an interdisciplinary perspective involving a dialogue between constitutional and administrative law and political science. The main constitutional foundations are the principle of separation of powers and the principle of legality. The administration is entitled to a distinct scope of action in the application of the law, in legislation, in the preparation of parliamentary issues and in the budgeting process. It can thus exert a significant influence on the fulfilment of state tasks. However, its actions are subject to the supervision and direction of the government and the oversight of parliament. Its decisions are also subject to judicial control. Finally, the principle of publicity means that the administration is accountable to the public. Its autonomy is thus limited.
2022
Handbook on the Politics of Public Administration
174
187
Andreas Lienhard, P.B. (2022). The role of constitutional and administrative law in the politics of public administration. Cheltenham : Edward Elgar Publishing [10.4337/9781839109447.00023].
Andreas Lienhard, Peter Bieri, Anna Malandrino
File in questo prodotto:
Eventuali allegati, non sono esposti

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11585/901401
 Attenzione

Attenzione! I dati visualizzati non sono stati sottoposti a validazione da parte dell'ateneo

Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact