Abstract
The nature and scope of comparative studies is traditionally determined by the unique character of administrative law with its high rate of inward looking elements accounting for the characteristics of different states. Comparative studies are also flexible (variable) and fragmentised by nature. These two qualities appear to remain valid but the insular characteristics have been largely reduced as a result of loosening the ties of the administration with the state. This consequently influences comparative studies as we may draw a clear dividing line between the research on independent legal orders in the phase of no connections among the states and the phase of a high degree of interdependence and interaction among the legal orders in the membership framework of supranational organisations such as European Union. The aim of this paper is to show the complex premises applied in comparative studies of administrative law and discuss the needs specific to academic research and practical applications – the legislature, the judiciary and the executive. I will demonstrate that the research on comparative law has significantly changing its functions over the years, but it has made a permanent contribution to a deeper reflection on applicable law. Keywords: comparative studies, administrative law
Highlights
Administrative law is traditionally viewed as a distinct legal discipline with a high rate of inward looking elements which convey the uniqueness of the set of political, social, historical and economic conditions inherent in each state – different from any solution followed elsewhere
As a basic instrument of control applied to social relationships in the state, administrative law has to be modified and adapted as required by the ever changing reality
The aim of this paper is to show the complex premises applied in comparative studies of administrative law and discuss the needs specific to academic research and practical applications – the legislature, the judiciary and the executive
Summary
Administrative law is traditionally viewed as a distinct legal discipline with a high rate of inward looking elements which convey the uniqueness of the set of political, social, historical and economic conditions inherent in each state – different from any solution followed elsewhere. One may adduce the following frequently quoted words of Ulrich Scheuner: “the structure of the state administration provides a special reflection of its unique nature and identity”4 This line of thinking is followed by Jan Jeżewski, who notes that “historical conditions have made an impact on many solutions applied to the member state administrative structures – which are, relatively, the least prone to harmonisation (institutional autonomy)”. This line of thinking is followed by Jan Jeżewski, who notes that “historical conditions have made an impact on many solutions applied to the member state administrative structures – which are, relatively, the least prone to harmonisation (institutional autonomy)”5 It appears that (in the case of an individual state) administrative law has built its own development paths, its unique discourse paradigms and self-observation mechanisms as regards to its doctrine and case-law.
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