0

The Comparative Law of Administrative Law

Description: This quiz covers the Comparative Law of Administrative Law, focusing on the principles, concepts, and practices of administrative law across different legal systems.
Number of Questions: 15
Created by:
Tags: comparative law administrative law public law
Attempted 0/15 Correct 0 Score 0

Which legal system is known for its strict separation of powers between the legislature, executive, and judiciary?

  1. Common Law System

  2. Civil Law System

  3. Mixed Legal System

  4. Socialist Legal System


Correct Option: A
Explanation:

The Common Law System, particularly in countries like the United States and the United Kingdom, emphasizes the separation of powers to ensure checks and balances on governmental authority.

In the context of administrative law, what is the principle of legality?

  1. Administrative agencies must act within the limits of the law.

  2. Administrative agencies have broad discretion to make decisions.

  3. Administrative agencies are not subject to judicial review.

  4. Administrative agencies can create new laws without legislative approval.


Correct Option: A
Explanation:

The principle of legality requires administrative agencies to exercise their powers in accordance with the law, including statutes, regulations, and constitutional principles.

Which legal system typically grants administrative agencies broad discretionary powers in decision-making?

  1. Common Law System

  2. Civil Law System

  3. Mixed Legal System

  4. Socialist Legal System


Correct Option: B
Explanation:

In Civil Law Systems, administrative agencies often have broader discretionary powers compared to Common Law Systems, where judicial review is more prevalent.

What is the concept of administrative justice in comparative administrative law?

  1. Administrative agencies are immune from judicial review.

  2. Administrative agencies can make decisions without providing reasons.

  3. Administrative agencies must follow fair and just procedures in decision-making.

  4. Administrative agencies are not accountable to the public.


Correct Option: C
Explanation:

Administrative justice emphasizes the need for fair and just procedures in administrative decision-making, including the right to a hearing, the right to present evidence, and the right to judicial review.

Which legal system places a strong emphasis on judicial review of administrative decisions?

  1. Common Law System

  2. Civil Law System

  3. Mixed Legal System

  4. Socialist Legal System


Correct Option: A
Explanation:

In Common Law Systems, judicial review is a fundamental principle that allows courts to review administrative decisions for legality, reasonableness, and procedural fairness.

What is the concept of administrative tribunals in comparative administrative law?

  1. Administrative tribunals are independent bodies that resolve disputes between individuals and administrative agencies.

  2. Administrative tribunals are part of the executive branch of government.

  3. Administrative tribunals are not subject to judicial review.

  4. Administrative tribunals can create new laws without legislative approval.


Correct Option: A
Explanation:

Administrative tribunals are specialized bodies that adjudicate disputes between individuals and administrative agencies, often with expertise in specific subject areas.

Which legal system typically has a centralized system of administrative law?

  1. Common Law System

  2. Civil Law System

  3. Mixed Legal System

  4. Socialist Legal System


Correct Option: B
Explanation:

Civil Law Systems often have a centralized system of administrative law, where administrative courts or tribunals are responsible for reviewing administrative decisions.

What is the principle of proportionality in comparative administrative law?

  1. Administrative agencies must act in a fair and just manner.

  2. Administrative agencies must consider all relevant factors in decision-making.

  3. Administrative agencies must use the least restrictive means to achieve their objectives.

  4. Administrative agencies can ignore the rights of individuals in decision-making.


Correct Option: C
Explanation:

The principle of proportionality requires administrative agencies to balance the objectives of their decisions with the rights and interests of individuals affected by those decisions.

Which legal system places a strong emphasis on the concept of public service in administrative law?

  1. Common Law System

  2. Civil Law System

  3. Mixed Legal System

  4. Socialist Legal System


Correct Option: D
Explanation:

Socialist Legal Systems often emphasize the concept of public service in administrative law, where administrative agencies are seen as serving the public interest.

What is the concept of administrative discretion in comparative administrative law?

  1. Administrative agencies have unlimited power to make decisions.

  2. Administrative agencies can only make decisions within the limits of the law.

  3. Administrative agencies have the power to create new laws.

  4. Administrative agencies are not accountable for their decisions.


Correct Option:
Explanation:

Administrative discretion refers to the power of administrative agencies to make decisions within the scope of their authority and the limits set by law.

Which legal system typically has a decentralized system of administrative law?

  1. Common Law System

  2. Civil Law System

  3. Mixed Legal System

  4. Socialist Legal System


Correct Option: A
Explanation:

Common Law Systems often have a decentralized system of administrative law, where administrative agencies are subject to review by various courts and tribunals.

What is the concept of administrative remedies in comparative administrative law?

  1. Administrative agencies can only be challenged through judicial review.

  2. Individuals have no legal recourse against administrative decisions.

  3. Administrative agencies have internal mechanisms to address complaints and grievances.

  4. Administrative agencies are immune from liability for their actions.


Correct Option: C
Explanation:

Administrative remedies refer to the mechanisms within administrative agencies that allow individuals to seek redress for grievances or challenge administrative decisions.

Which legal system places a strong emphasis on the concept of administrative silence in administrative law?

  1. Common Law System

  2. Civil Law System

  3. Mixed Legal System

  4. Socialist Legal System


Correct Option: B
Explanation:

Civil Law Systems often emphasize the concept of administrative silence, where the failure of an administrative agency to respond to a request or application within a specified time frame is deemed to be a rejection.

What is the concept of administrative liability in comparative administrative law?

  1. Administrative agencies are immune from liability for their actions.

  2. Administrative agencies can only be held liable for intentional misconduct.

  3. Administrative agencies can be held liable for their negligence or breach of duty.

  4. Administrative agencies are not subject to any form of accountability.


Correct Option: C
Explanation:

Administrative liability refers to the legal responsibility of administrative agencies for their actions or omissions that cause harm or injury to individuals or organizations.

Which legal system typically has a strong tradition of administrative law scholarship and academic research?

  1. Common Law System

  2. Civil Law System

  3. Mixed Legal System

  4. Socialist Legal System


Correct Option: A
Explanation:

Common Law Systems, particularly in countries like the United States and the United Kingdom, have a strong tradition of administrative law scholarship and academic research.

- Hide questions