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.

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

Anna Malandrino
2022-01-01

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
Edward Elgar Publishing
174
187
978-1-83910-943-0
Andreas Lienhard; Peter Bieri; Anna Malandrino
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2318/2021916
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