Abuse of Discretionary Powers in Administrative Law. Evolution of the Judicial Review Models: from “Administrative Morality” to the Principle of Proportionality
Abuse of power is one of classic concepts in administrative law. According to the classical approach, this concept is based on the assumption that the scope of discretion of public administration bodies is defined, beside competence norms, procedural and legal grounds for action, also by the objecti...
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| Format: | Article |
| Language: | ces |
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Masaryk University, Brno
2018-09-01
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| Series: | Časopis pro Právní Vědu a Praxi |
| Subjects: | |
| Online Access: | https://journals.muni.cz/cpvp/article/view/8944 |
| _version_ | 1797770467655811072 |
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| author | Jerzy Parchomiuk |
| author_facet | Jerzy Parchomiuk |
| author_sort | Jerzy Parchomiuk |
| collection | DOAJ |
| description | Abuse of power is one of classic concepts in administrative law. According to the classical approach, this concept is based on the assumption that the scope of discretion of public administration bodies is defined, beside competence norms, procedural and legal grounds for action, also by the objective for which the discretionary powers was granted. The classic concept has evolved over the years. It is also evident that its importance has been in decline nowadays. The priority objectives of my study concerned more practical than theoretical aspects of the topic. The key issue of my work is to analyze how courts have changed their approach to the judicial review of the discretionary powers of public administration. I set myself two goals in this study: first, I would like to indicate the fundamental direction in which the classic concept of abuse of power evolves. Secondly, I would like to describe the contemporary role of this concept and to response whether it can still be an effective instrument to protect an individual from arbitrary decisions of the public administration. |
| first_indexed | 2024-03-12T21:22:45Z |
| format | Article |
| id | doaj.art-70691ed868f84bd28e82d1e8e355788c |
| institution | Directory Open Access Journal |
| issn | 1210-9126 1805-2789 |
| language | ces |
| last_indexed | 2024-03-12T21:22:45Z |
| publishDate | 2018-09-01 |
| publisher | Masaryk University, Brno |
| record_format | Article |
| series | Časopis pro Právní Vědu a Praxi |
| spelling | doaj.art-70691ed868f84bd28e82d1e8e355788c2023-07-28T12:30:19ZcesMasaryk University, BrnoČasopis pro Právní Vědu a Praxi1210-91261805-27892018-09-0126310.5817/CPVP2018-3-4Abuse of Discretionary Powers in Administrative Law. Evolution of the Judicial Review Models: from “Administrative Morality” to the Principle of ProportionalityJerzy Parchomiuk0Department of Administrative Law, The John Paul II Catholic University, LublinAbuse of power is one of classic concepts in administrative law. According to the classical approach, this concept is based on the assumption that the scope of discretion of public administration bodies is defined, beside competence norms, procedural and legal grounds for action, also by the objective for which the discretionary powers was granted. The classic concept has evolved over the years. It is also evident that its importance has been in decline nowadays. The priority objectives of my study concerned more practical than theoretical aspects of the topic. The key issue of my work is to analyze how courts have changed their approach to the judicial review of the discretionary powers of public administration. I set myself two goals in this study: first, I would like to indicate the fundamental direction in which the classic concept of abuse of power evolves. Secondly, I would like to describe the contemporary role of this concept and to response whether it can still be an effective instrument to protect an individual from arbitrary decisions of the public administration.https://journals.muni.cz/cpvp/article/view/8944Discretionary PowersAbuse of PowerPrinciple of ProportionalityExcess of PowerUltra ViresJudicial Self-restraint. |
| spellingShingle | Jerzy Parchomiuk Abuse of Discretionary Powers in Administrative Law. Evolution of the Judicial Review Models: from “Administrative Morality” to the Principle of Proportionality Časopis pro Právní Vědu a Praxi Discretionary Powers Abuse of Power Principle of Proportionality Excess of Power Ultra Vires Judicial Self-restraint. |
| title | Abuse of Discretionary Powers in Administrative Law. Evolution of the Judicial Review Models: from “Administrative Morality” to the Principle of Proportionality |
| title_full | Abuse of Discretionary Powers in Administrative Law. Evolution of the Judicial Review Models: from “Administrative Morality” to the Principle of Proportionality |
| title_fullStr | Abuse of Discretionary Powers in Administrative Law. Evolution of the Judicial Review Models: from “Administrative Morality” to the Principle of Proportionality |
| title_full_unstemmed | Abuse of Discretionary Powers in Administrative Law. Evolution of the Judicial Review Models: from “Administrative Morality” to the Principle of Proportionality |
| title_short | Abuse of Discretionary Powers in Administrative Law. Evolution of the Judicial Review Models: from “Administrative Morality” to the Principle of Proportionality |
| title_sort | abuse of discretionary powers in administrative law evolution of the judicial review models from administrative morality to the principle of proportionality |
| topic | Discretionary Powers Abuse of Power Principle of Proportionality Excess of Power Ultra Vires Judicial Self-restraint. |
| url | https://journals.muni.cz/cpvp/article/view/8944 |
| work_keys_str_mv | AT jerzyparchomiuk abuseofdiscretionarypowersinadministrativelawevolutionofthejudicialreviewmodelsfromadministrativemoralitytotheprincipleofproportionality |