German Administrative Law: In Common Law Perspective by Mahendra P. Singh

By Mahendra P. Singh

The amount is a completely revised variation of the author's publication on German Administrative legislations which used to be first released in 1985. From the point of view of a standard legislations jurisdiction the writer offers the fundamental framework of German administrative legislations, alongside the traces administrative legislation is known within the English talking international. It covers the entire crucial parts of German administrative legislations. it really is up to date to incorporate the newest advancements and the influence of EC legislation in several spheres.

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Extra resources for German Administrative Law: In Common Law Perspective

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22 Further, the enabling law must clearly mention the scope and kind of the punishment though it may leave to the delegate the specification of the facts or elements constituting the offence. 23 The requirement of content, purpose, and scope does not debar legislative authorization to make ordinances with retrospective effect. But such ordinances would be subject to the limitations applicable to the enabling law. For example, no penal law can be made retrospectively through an ordinance. 24 No clear court pronouncement is available on the question of authorization to amend or modify the enabling law through ordinance but the predominant legal opinion is that exceptionally it is possible so long as the requirement of the contents, purpose, and scope of such authorization is clearly laid down.

The courts in the southern states, for example, in Wiirttemberg, however, had a general jurisdiction to entertain all disputes involving the infringement of rights of an individual by any administrative action. But they did not have the jurisdiction to go into policy questions. These arrangements which continued till the beginning of the World War II did not suit the National Socialists who wanted a unified administration to carry out their designs. Accordingly, on 28 August 1939 Hitler replaced the suits before the administrative courts by the complaints before the administrative authorities.

The regional committees consisted of the president of the regional government or his representative and six other members two of whom were legally qualified civil servants. The Prussian Supreme Administrative Court consisted of a president, presidents of the senates and councillors. Half of the councillors were from the higher administration and rest were persons competent to be appointed as judges. All the members of the court, however, enjoyed a life tenure and full independence from the executive which was not available to the members of the committees.

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