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The system of legal regulation of public administration

Author:
Issue 1998/4
Pg 170-172

Summary


Administrative law is an area of law that is particularly sensitive to changes and affected by legislative and political factors. Therefore, it is difficult to speak about a unitary theory of administrative law. Still, the author points out several requirements to be considered in the process of drafting administrative legislation in Estonia.
First, the legislative drafting process should be systematic which means the conformity of legal concepts, regulation, principles and institutions. In addition, it is important that administrative law be based on both scientific needs and needs of administrative practice. Otherwise, it may impede the development of the state. The requirement for dynamic administrative law is closely connected therewith. Further, administrative law should take guidance from the functions and objectives of the state which determine its content and limits. It is essential that legal regulation be sufficient to ensure the effectiveness and simplicity of proceedings. Under this principle, legal regulation should only be used if and in so far as required. Finally, legal regulation must be understandable to people.
The author also deals with the institutional regulation of public administration in Estonia where the implementation of administrative functions is divided among government agencies and legal persons in public law and private law.

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