JUDGE-MADE LAW AS AN UNORGANISED SOURCE OF ADMINISTRATIVE LAW

Abstract

The specific nature of unorganised (extraconstitutional) sources of administrative law is particularly visible against the background of constitutional (organised) sources of law. It does not fit into the rigid positivistic framework established by the Constitution. Rather, it is something separate, and the catalogue of sources of administrative law is broader than that of the constitutional sources of law. One form of law in this catalogue is judge-made law (case law). Contemporary administrative law owes a lot to it. Indeed, it has a significant impact on shaping the rights and obligations of the addressees of administrative law regulations. This, in turn, is the subject matter of the activities undertaken by public administration authorities.