Abstract

PETOFT, Arian. The Concept and Instances of General Principles of Administrative Law: Towards a Global Administrative Law. Cuest. Const. [online]. 2020, n.42, pp.309-355.  Epub Mar 09, 2021. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2020.42.14345.

Nowadays, we are witnessing rise of general principle of administrative law discourses in all legal systems to empower good administration values in administrative legal orders. In numerous administrative litigations, judges have invoked some instances of legal principles which are imposed to the context of government’s actions as modern criterions and legal requirements; but, despite of deterministic normative role of general principle of administrative law, its concept is not yet precisely defined. There are multiple meticulous works that identify concept of legal principle and its known examples in legal systems; nevertheless, this essentially remains unclear that if we existentially have general principles of administrative law in our administrative legal systems. Hence, this paper strives to provide a convincible answer to the question by presenting a stringent discourse about definition of general principle of administrative law and its probable instances in administrative legal systems, mostly, among European Union and United Kingdom (UK) judges’ decisions; whereof general principles of administrative law represent fundamental administrative norms, by finding out an accurate general concept of each of them in legal systems, a generic portrait of global administrative law face can be drawn.

Keywords : General Principle of Administrative Law; Good Administration; Global Administrative Law; European Union Administrative Law; United Kingdom Administrative Law.