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Administrative Law: Public administration and the principle of legality · Concept and Functions of Public Administration

What public administration is, how it differs from legislating and governing, and the classic forms and principles of its activity.

For learning, not legal advice: for your own case, ask a lawyer.

Administrative Law · 31 questions

Try 3 questions

1. In the 'organic' sense, what does the term public administration refer to?

  1. The set of statutes passed by parliament
  2. The courts that review government decisions
  3. The bodies and officials that carry out administration
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Answer: The bodies and officials that carry out administration

The organic (subjective) sense defines administration by who acts: the organizations and people that make up the administrative apparatus.

2. What does the 'material' or functional sense of public administration focus on?

  1. The rank of the official who acts
  2. The building where decisions are made
  3. The kind of activity, whoever performs it
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Answer: The kind of activity, whoever performs it

The material sense looks at the nature of the activity (applying law to serve public needs), so even non-administrative bodies can perform administrative tasks.

3. A parliament hires staff and signs a cleaning contract for its building. In the material sense, what kind of activity is this?

  1. Judicial, because it involves a contract
  2. Administrative, done by a non-administrative body
  3. Legislative, because parliament does it
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Answer: Administrative, done by a non-administrative body

Hiring and contracting are administrative in nature; under the material criterion it does not matter that a legislature performs them.

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