IDEAS home Printed from https://ideas.repec.org/a/sja/journl/v9y2020i2p137-146.html
   My bibliography  Save this article

Between Judicial Review And The Executive - The Problem Of The Separation Of Powers In Comparative Perspective

Author

Listed:
  • Robert SiuciÅ„ski

    (Faculty of Law and Administration, University of Lodz, Poland)

Abstract

Judicial review of the executive is an essential element of democracy. It ensures the legality of administration. It is obvious that for adequate protection of rights of individuals, judicial review should be effective. There are two models of judicial review: the cassation and the merit one. The first of them is based on assumptions derived from the AustroHungarian regulations dating back to the nineteenth century. It assumes that the competence of the administrative court is only to issue two types of rulings. Some European countries uses the merit review elements were introducted into the proceeding before the administrative court. This model of judicial review, which is characteristic for French solutions, gives to administrative courts the possibility to ingeration in administrative action. It seems interesting to consider which of these models of judicial review is more effective when it comes to protecting the rights ensured by the proper fulfilment of judgements and what are the advantages and disadvantages of both systems in the light of separation of powers.

Suggested Citation

  • Robert SiuciÅ„ski, 2020. "Between Judicial Review And The Executive - The Problem Of The Separation Of Powers In Comparative Perspective," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 9(2), pages 137-146, December.
    • Handle: RePEc:sja:journl:v:9:y:2020:i:2:p:137-146
    as

    Download full text from publisher

    File URL: http://www.adjuris.ro/revista/articole/an9nr2/2.%20R.%20Siucinski-%20Between%20Judicial%20Review%20and%20the%20Executive%20Lucr%202.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Dragu, Tiberiu & Board, Oliver, 2015. "On Judicial Review in a Separation of Powers System," Political Science Research and Methods, Cambridge University Press, vol. 3(3), pages 473-492, September.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Ian R Turner, 2017. "Working smart and hard? Agency effort, judicial review, and policy precision," Journal of Theoretical Politics, , vol. 29(1), pages 69-96, January.
    2. Silva, Jeovan Assis & Guimaraes, Tomas Aquino, 2021. "Factors affecting judicial review of regulatory appeals," Utilities Policy, Elsevier, vol. 72(C).

    More about this item

    Keywords

    separation of powers; judicial review; administrative law; Polish system of law.;
    All these keywords.

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sja:journl:v:9:y:2020:i:2:p:137-146. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catalin-Silviu Sararu (email available below). General contact details of provider: https://edirc.repec.org/data/ssjarea.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.