Constitutional law is a body of law which defines the role and structure of different entities within a state, the executive, the parliament or legislature, the judiciary. Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules; these may include customary law, statutory law, judge-made law, or international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause. In most nations, such as the United States and Singapore, constitutional law is based on the text of a document ratified at the time the nation came into being.
Other constitutions, notably that of the United Kingdom, rely on unwritten rules known as constitutional conventions. Constitutional laws may be considered second order rule making or rules about making rules to exercise power, it governs the relationships between the judiciary, the legislature and the executive with the bodies under its authority. One of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power. For example, in a unitary state, the constitution will vest ultimate authority in one central administration and legislature, judiciary, though there is a delegation of power or authority to local or municipal authorities; when a constitution establishes a federal state, it will identify the several levels of government coexisting with exclusive or shared areas of jurisdiction over lawmaking and enforcement. Some federal states, most notably the United States, have separate and parallel federal and state judiciaries, with each having its own hierarchy of courts with a supreme court for each state.
India, on the other hand, has one judiciary divided into district courts, high courts, the Supreme Court of India. Human rights or civil liberties form a crucial part of a country's constitution and uphold the rights of the individual against the state. Most jurisdictions, like the United States and France, have a codified constitution, with a bill of rights. A recent example is the Charter of Fundamental Rights of the European Union, intended to be included in the Treaty establishing a Constitution for Europe, that failed to be ratified; the most important example is the Universal Declaration of Human Rights under the UN Charter. These are intended to ensure basic political and economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens but many do include its governments; some countries like the United Kingdom have no entrenched document setting out fundamental rights. A case named Carrington is a constitutional principle deriving from the common law.
John Entick's house was ransacked by Sherriff Carrington. Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority though there was no statutory provision or court order for it; the court, led by Lord Camden stated that, "The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, be it so minute, is a trespass... If no excuse can be found or produced, the silence of the books is an authority against the defendant, the plaintiff must have judgment." The common law and the civil law jurisdictions do not share the same constitutional law underpinnings. Common law nations, such as those in the Commonwealth as well as the United States, derive their legal systems from that of the United Kingdom, as such place emphasis on judicial precedent, whereby consequential court rulings are a source of law.
Civil law jurisdictions, on the other hand, place less emphasis on judicial review and only the parliament or legislature has the power to effect law. As a result, the structure of the judiciary differs between the two, with common law judiciaries being adversarial and civil law judiciaries being inquisitorial. Common law judicatures separate the judiciary from the prosecution, thereby establishing the courts as independent from both the legislature and law enforcement. Human rights law in these countries is as a result built on legal precedent in the courts' interpretation of constitutional law, whereas that of civil law countries is exclusively composed of codified law, constitutional or otherwise. Another main function of constitutions may be to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter the constitution. In bicameral legislatures, there may be a process laid out for second or third readings of bills before a new law can enter into force.
Alternatively, there may further be requirements for maximum terms that a government can keep power before holding an election
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health and moral welfare of people inclusive of one's self. Most criminal law is established by statute, to say that the laws are enacted by a legislature. Criminal law includes the rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender; the first civilizations did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the Neo-Sumerian king of Ur, enacted the oldest written legal code whose text has been discovered: the Code of Ur-Nammu although an earlier code of Urukagina of Lagash is known to have existed.
Another important early code was the Code of Hammurabi. Only fragments of the early criminal laws of Ancient Greece have survived, e.g. those of Solon and Draco. In Roman law, Gaius's Commentaries on the Twelve Tables conflated the civil and criminal aspects, treating theft as a tort. Assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of monetary compensation or damages; the criminal law of imperial Rome is collected in Books 47–48 of the Digest. After the revival of Roman law in the 12th century, sixth-century Roman classifications and jurisprudence provided the foundations of the distinction between criminal and civil law in European law from until the present time; the first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England. The special notion of criminal penalty, at least concerning Europe, arose in Spanish Late Scholasticism, when the theological notion of God's penalty, inflicted for a guilty mind, became transfused into canon law first and to secular criminal law.
The development of the state dispensing justice in a court emerged in the eighteenth century when European countries began maintaining police services. From this point, criminal law formalized the mechanisms for enforcement, which allowed for its development as a discernible entity. Criminal law is distinctive for the uniquely serious, potential consequences or sanctions for failure to abide by its rules; every crime is composed of criminal elements. Capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, although these punishments are prohibited in much of the world. Individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Confinement may be solitary. Length of incarceration may vary from a day to life. Government supervision may be imposed, including house arrest, convicts may be required to conform to particularized guidelines as part of a parole or probation regimen.
Fines may be imposed, seizing money or property from a person convicted of a crime. Five objectives are accepted for enforcement of the criminal law by punishments: retribution, incapacitation and restoration. Jurisdictions differ on the value to be placed on each. Retribution – Criminals ought to Be Punished in some way; this is the most seen goal. Criminals have taken improper advantage, or inflicted unfair detriment, upon others and the criminal law will put criminals at some unpleasant disadvantage to "balance the scales." People submit to the law to receive the right not to be murdered and if people contravene these laws, they surrender the rights granted to them by the law. Thus, one who murders may be executed himself. A related theory includes the idea of "righting the balance." Deterrence – Individual deterrence is aimed toward the specific offender. The aim is to impose a sufficient penalty to discourage the offender from criminal behavior. General deterrence aims at society at large. By imposing a penalty on those who commit offenses, other individuals are discouraged from committing those offenses.
Incapacitation – Designed to keep criminals away from society so that the public is protected from their misconduct. This is achieved through prison sentences today; the death penalty or banishment have served the same purpose. Rehabilitation – Aims at transforming an offender into a valuable member of society, its primary goal is to prevent further offense by convincing the offender that their conduct was wrong. Restoration – This is a victim-oriented theory of punishment; the goal is to repair, through state authority, any injury inflicted upon the victim by the offender. For example, one who embezzles will be required to repay the amount improperly acquired. Restoration is combined with other main goals of criminal justice and is related to concepts in the civil law, i.e. returning the victim to his or her original position before the injury. Many laws are enforced by threat of criminal punishment, the range of the punishment varies with the jurisdiction; the scope of criminal law is too vast to catalog intelligently.
The following are some of the more typical aspects of criminal law. The criminal law prohibits undesirable acts. Thus, proof of a crime requires proof of some act. Scholars label this the requir
Competition law is a law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through private enforcement. Competition law is known as "antitrust law" in the United States for historical reasons, as "anti-monopoly law" in China and Russia. In previous years it has been known as trade practices law in Australia. In the European Union, it is referred to as both antitrust and competition law; the history of competition law reaches back to the Roman Empire. The business practices of market traders and governments have always been subject to scrutiny, sometimes severe sanctions. Since the 20th century, competition law has become global; the two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law has evolved on a country level to promote and maintain fair competition in markets principally within the territorial boundaries of nation-states.
National competition law does not cover activity beyond territorial borders unless it has significant effects at nation-state level. Countries may allow for extraterritorial jurisdiction in competition cases based on so-called effects doctrine; the protection of international competition is governed by international competition agreements. In 1945, during the negotiations preceding the adoption of the General Agreement on Tariffs and Trade in 1947, limited international competition obligations were proposed within the Charter for an International Trade Organisation; these obligations were not included in GATT, but in 1994, with the conclusion of the Uruguay Round of GATT Multilateral Negotiations, the World Trade Organization was created. The Agreement Establishing the WTO included a range of limited provisions on various cross-border competition issues on a sector specific basis. Competition law, or antitrust law, has three main elements: prohibiting agreements or practices that restrict free trading and competition between business.
This includes in particular the repression of free trade caused by cartels. Banning abusive behavior by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position. Practices controlled in this way may include predatory pricing, price gouging, refusal to deal, many others. Supervising the mergers and acquisitions of large corporations, including some joint ventures. Transactions that are considered to threaten the competitive process can be prohibited altogether, or approved subject to "remedies" such as an obligation to divest part of the merged business or to offer licenses or access to facilities to enable other businesses to continue competing. Substance and practice of competition law varies from jurisdiction to jurisdiction. Protecting the interests of consumers and ensuring that entrepreneurs have an opportunity to compete in the market economy are treated as important objectives. Competition law is connected with law on deregulation of access to markets, state aids and subsidies, the privatization of state owned assets and the establishment of independent sector regulators, among other market-oriented supply-side policies.
In recent decades, competition law has been viewed as a way to provide better public services. Robert Bork argued that competition laws can produce adverse effects when they reduce competition by protecting inefficient competitors and when costs of legal intervention are greater than benefits for the consumers. An early example was enacted during the Roman Republic around 50 BC. To protect the grain trade, heavy fines were imposed on anyone directly and insidiously stopping supply ships. Under Diocletian in 301 A. D. an edict imposed the death penalty for anyone violating a tariff system, for example by buying up, concealing, or contriving the scarcity of everyday goods. More legislation came under the constitution of Zeno of 483 A. D. which can be traced into Florentine municipal laws of 1322 and 1325. This provided for confiscation of property and banishment for any trade combination or joint action of monopolies private or granted by the Emperor. Zeno rescinded all granted exclusive rights. Justinian I subsequently introduced legislation to pay officials to manage state monopolies.
Legislation in England to control monopolies and restrictive practices was in force well before the Norman Conquest. The Domesday Book recorded that "foresteel" was one of three forfeitures that King Edward the Confessor could carry out through England, but concern for fair prices led to attempts to directly regulate the market. Under Henry III an act was passed in 1266 to fix bread and ale prices in correspondence with grain prices laid down by the assizes. Penalties for breach included amercements and tumbrel. A 14th century statute labelled forestallers as "oppressors of the poor and the community at large and enemies of the whole country". Under King Edward III the Statute of Labourers of 1349 fixed wages of artificers and workmen and decreed that foodstuffs should be sold at reasonable prices. On top of existing penalties, the statute stated that overcharging merchants must pay the injured party double the sum he received, an idea, replicated in punitive treble damages under US antitrust law.
Under Edward III, the following statutory provision outlawed trade combination.... We have ordained and established, that no merchant or other shall make Confederacy, Coin, Imagin
A contract is a legally-binding agreement which recognises and governs the rights and duties of the parties to the agreement. A contract is enforceable because it meets the requirements and approval of the law. An agreement involves the exchange of goods, money, or promises of any of those. In the event of breach of contract, the law awards the injured party access to legal remedies such as damages and cancellation. In the Anglo-American common law, formation of a contract requires an offer, consideration, a mutual intent to be bound; each party must have capacity to enter the contract. Although most oral contracts are binding, some types of contracts may require formalities such as being in writing or by deed. In the civil law tradition, contract law is a branch of the law of obligations. At common law, the elements of a contract are offer, intention to create legal relations and legality of both form and content. Not all agreements are contractual, as the parties must be deemed to have an intention to be bound.
A so-called gentlemen's agreement is one, not intended to be enforceable, "binding in honour only". In order for a contract to be formed, the parties must reach mutual assent; this is reached through offer and an acceptance which does not vary the offer's terms, known as the "mirror image rule". An offer is a definite statement of the offeror's willingness to be bound should certain conditions be met. If a purported acceptance does vary the terms of an offer, it is not an acceptance but a counteroffer and, therefore a rejection of the original offer; the Uniform Commercial Code disposes of the mirror image rule in §2-207, although the UCC only governs transactions in goods in the USA. As a court cannot read minds, the intent of the parties is interpreted objectively from the perspective of a reasonable person, as determined in the early English case of Smith v Hughes, it is important to note that where an offer specifies a particular mode of acceptance, only an acceptance communicated via that method will be valid.
Contracts may be unilateral. A bilateral contract is an agreement in which each of the parties to the contract makes a promise or set of promises to each other. For example, in a contract for the sale of a home, the buyer promises to pay the seller $200,000 in exchange for the seller's promise to deliver title to the property; these common contracts take place in the daily flow of commerce transactions, in cases with sophisticated or expensive precedent requirements, which are requirements that must be met for the contract to be fulfilled. Less common are unilateral contracts in which one party makes a promise, but the other side does not promise anything. In these cases, those accepting the offer are not required to communicate their acceptance to the offeror. In a reward contract, for example, a person who has lost a dog could promise a reward if the dog is found, through publication or orally; the payment could be additionally conditioned on the dog being returned alive. Those who learn of the reward are not required to search for the dog, but if someone finds the dog and delivers it, the promisor is required to pay.
In the similar case of advertisements of deals or bargains, a general rule is that these are not contractual offers but an "invitation to treat", but the applicability of this rule is disputed and contains various exceptions. The High Court of Australia stated that the term unilateral contract is "unscientific and misleading". In certain circumstances, an implied contract may be created. A contract is implied in fact if the circumstances imply that parties have reached an agreement though they have not done so expressly. For example, John Smith, a former lawyer may implicitly enter a contract by visiting a doctor and being examined. A contract, implied in law is called a quasi-contract, because it is not in fact a contract. Quantum meruit claims are an example. Where something is advertised in a newspaper or on a poster, the advertisement will not constitute an offer but will instead be an invitation to treat, an indication that one or both parties are prepared to negotiate a deal. An exception arises if the advertisement makes a unilateral promise, such as the offer of a reward, as in the famous case of Carlill v Carbolic Smoke Ball Co, decided in nineteenth-century England.
The company, a pharmaceutical manufacturer, advertised a smoke ball that would, if sniffed "three times daily for two weeks", prevent users from catching the'flu. If the smoke ball failed to prevent'flu, the company promised that they would pay the user £100, adding that they had "deposited £1,000 in the Alliance Bank to show our sincerity in the matter"; when Mrs Carlill sued for the money, the company argued the advert should not be taken as a serious binding offer. Although an invitation to treat cannot be accepted, it should not be ignored, for it may affect the offer. For instance, where an offer is made in response to an invitation to treat, the offer may incorporate the terms of the invitation to treat. If, as in the Boots case, the offer is made by an action without any
Debt is when something money, is owed by one party, the borrower or debtor, to a second party, the lender or creditor. Debt is a deferred payment, or series of payments, owed in the future, what differentiates it from an immediate purchase; the debt may be owed by local government, company, or an individual. Commercial debt is subject to contractual terms regarding the amount and timing of repayments of principal and interest. Loans, bonds and mortgages are all types of debt; the term can be used metaphorically to cover moral obligations and other interactions not based on economic value. For example, in Western cultures, a person, helped by a second person is sometimes said to owe a "debt of gratitude" to the second person; the English term "debt" was first used in the late 13th century. The term "debt" comes from "dette, from Old French dete, from Latin debitum "thing owed," neuter past participle of debere "to owe," "keep something away from someone," from de- "away" + habere "to have". Restored spelling after c.
1400. The related term "debtor" was first used in English in the early 13th century; the -b- was restored in French, in English c. 1560-c. 1660." In the King James Bible, various spellings are used. Interest is the fee paid by the borrower to the lender. Interest is calculated as a percentage of the outstanding principal, which percentage is known as an interest rate, is paid periodically at intervals, such as monthly or semi-annually. Interest rates may be floating. In floating-rate structures, the rate of interest that the borrower pays during each time period is tied to a benchmark such as LIBOR or, in the case of inflation-indexed bonds, inflation. There are many different conventions for calculating interest. Depending on the terms of the debt, compound interest may accumulate at a specific interval. In addition, different day count conventions exist, for example, sometimes each month is considered to have thirty days, such that the interest payment due is the same in each calendar month; the annual percentage rate is a standardized way to calculate and compare interest rates on an annual basis.
Quoting interest rates using APR is required by regulation for most loans to individuals in the United States and United Kingdom. For some loans, the amount loaned to the debtor is less than the principal sum to be repaid; this may be because upfront fees or points are charged, or because the loan has been structured to be sharia-compliant. The additional principal due at the end of the term has the same economic effect as a higher interest rate. Riskier borrowers must pay higher rates of interest to compensate lenders for taking on the additional risk of default. Debt investors assess the risk of default prior to making a loan, for example through credit scores and corporate and sovereign ratings. There are three main ways repayment may be structured: the entire principal balance may be due at the maturity of the loan. Amortization structures are common in mortgages and credit cards. Debtors of every type default on their debt from time to time, with various consequences depending on the terms of the debt and the law governing default in the relevant jurisdiction.
If the debt was secured by specific collateral, such as a car or home, the creditor may seek to repossess the collateral. In more serious circumstances and companies may go into bankruptcy. Common types of debt owed by individuals and households include mortgage loans, car loans, credit card debt, income taxes. For individuals, debt is a means of using anticipated income and future purchasing power in the present before it has been earned. People in industrialized nations use consumer debt to purchase houses and other things too expensive to buy with cash on hand. People are more to spend more and get into debt when they use credit cards vs. cash for buying products and services. This is because of the transparency effect and consumer's "pain of paying." The transparency effect refers to the fact that the further you are from cash, the less transparent it is and the less you remember how much you spent. The less transparent or further away from cash, the form of payment employed is, the less an individual feels the “pain of paying” and thus is to spend more.
Furthermore, the differing physical appearance/form that credit cards have from cash may cause them to be viewed as “monopoly” money vs. real money, luring individuals to spend more money than they would if they only had cash available. Besides these more formal debts, private individuals lend informally to other people relatives or friends. One reason for such informal debts is that many people, in particular those who are poor, have no access to affordable credit; such debts can cause problems when they are not paid back according to expectations of the lending household. In 2011, 8 percent of people in the European Union reported their households has been in arrears, that is, unable to pay as scheduled "payments related to informal loans from friends or relatives not living in your household". A company may use various kinds of debt to finance its operations as a part of its overall corporate finance strate
A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time, with the payer named on the document. More it is a document contemplated by or consisting of a contract, which promises the payment of money without condition, which may be paid either on demand or at a future date; the term can have different meanings, depending on what law is being applied and what country and context it is used in. In the Commonwealth of Nations all jurisdictions have codified the law relating to negotiable instruments in a Bills of Exchange Act, e.g. Bills of Exchange Act 1882 in the UK, Bills of Exchange Act 1908 in New Zealand, Bills of Exchange Act 1909 in Australia, the Negotiable Instruments Act, 1881 in India and the Bills of Exchange Act 1914 in Mauritius; the Bills of Exchange Act: defines a bill of exchange as:'an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand, or at a fixed or determinable future time, a sum certain in money to or to the order of a specified person, or to bearer.
Defines a cheque as:'a bill of exchange drawn on a banker, payable on demand' defines a promissory note as:'an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to or to the order of a specified person or to bearer.'Additionally most Commonwealth jurisdictions have separate Cheques Acts providing for additional protections for bankers collecting unendorsed or irregularly endorsed cheques, providing that cheques that are crossed and marked'not negotiable' or similar are not transferable, providing for electronic presentation of cheques in inter-bank cheque clearing systems. In India, during the Mauryan period in the 3rd century BCE, an instrument called adesha was in use, an order on a banker desiring him to pay the money of the note to a third person, which corresponds to the definition of a bill of exchange as we understand it today; the ancient Romans are believed to have used an early form of cheque known as praescriptiones in the 1st century BCE and 2,000-year-old Roman promissory notes have been foundCommon prototypes of bills of exchanges and promissory notes originated in China, where special instruments called feitsyan were used to safely transfer money over long distances during the reign of the Tang Dynasty in the 8th century.
Around 1150 the Knights Templar issued bank notes to pilgrims, pilgrims deposited their valuables with a local Templar preceptory before embarking, received a document indicating the value of their deposit used that document upon arrival in the Holy Land to retrieve their funds in an amount of treasure of equal value. In the mid-13th century, the Ilkhanid rulers of Persia printed the "cha" or "chap", used as paper money for limited usage for transactions between the court and the merchants for about three years before it collapsed; the collapse was caused by the court accepting the "cha" only at progressive discount. Such documents were used for money transfer by Middle Eastern merchants, who had used the prototypes of bills of exchange from the 8th century to present; such prototypes came to be used by the Iberian and Italian merchants in the 12th century. In Italy in the 13–15th centuries, bills of exchange and promissory notes obtained their main features, while further phases of their development have been associated with France and Germany.
The first mention of the use of bills of exchange in English statutes dates from 1381, under Richard II. English exchange law was different than continental European law because of different legal systems; the modern emphasis on negotiability may be traced to Lord Mansfield. Germanic Lombards documents may have some elements of negotiability. A negotiable instrument can serve to convey value constituting at least part of the performance of a contract, albeit not obvious in contract formation, in terms inherent in and arising from the requisite offer and acceptance and conveyance of consideration; the underlying contract contemplates the right to hold the instrument as, to negotiate the instrument to, a holder in due course, the payment on, at least part of the performance of the contract to which the negotiable instrument is linked. The instrument, memorializing: the power to demand payment. Certain exceptions exist, such as instances of loss or theft of the instrument, wherein the possessor of the note may be a holder, but not a holder in due course.
Negotiation requires a valid endorsement of the negotiable instrument. The consideration constituted by a negotiable instrument is cognizable as the value given up to acquire it and the consequent loss of value to the prior holder; the instrument itself is understood as memorializing the right for, power to demand, an obligation for payment evidenced by the instrument itself with possession as a holder in due course being the touchstone for the right to, power to demand, payme
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law; as a body of law, administrative law deals with the decision-making of the administrative units of government that are part of a national regulatory scheme in such areas as police law, international trade, the environment, broadcasting and transport. Administrative law expanded during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social and political spheres of human interaction. Civil law countries have specialized courts, administrative courts, that review these decisions. Unlike most common-law jurisdictions, the majority of civil law jurisdictions have specialized courts or sections to deal with administrative cases which, as a rule, will apply procedural rules designed for such cases and different from that applied in private-law proceedings, such as contract or tort claims.
In Brazil, unlike most Civil-law jurisdictions, there is no specialized court or section to deal with administrative cases. In 1998, a constitutional reform, led by the government of President Fernando Henrique Cardoso, introduced regulatory agencies as a part of the executive branch. Since 1988, Brazilian administrative law has been influenced by the judicial interpretations of the constitutional principles of public administration: legality, publicity of administrative acts and efficiency; the President of the Republic exercises the administrative function, in collaboration with several Ministries or other authorities with ministerial rank. Each Ministry has one or more under-secretary that performs through public services the actual satisfaction of public needs. There is not a single specialized court to deal with actions against the Administrative entities, but instead there are several specialized courts and procedures of review. In France, most claims against the national or local governments as well as claims against private bodies providing public services are handled by administrative courts, which use the Conseil d'État as a court of last resort for both ordinary and special courts.
The main administrative courts are the tribunaux administratifs and appeal courts are the cours administratives d'appel. Special administrative courts include the National Court of Asylum Right as well as military and judicial disciplinary bodies; the French body of administrative law is called "droit administratif". Over the course of their history, France's administrative courts have developed an extensive and coherent case law and legal doctrine before similar concepts were enshrined in constitutional and legal texts; these principes include: Right to fair trial, including for internal disciplinary bodies Right to challenge any administrative decision before an administrative court Equal treatment of public service users Equal access to government employment without regard for political opinions Freedom of association Right to Entrepreneurship Right to Legal certainty French administrative law, the founder of Continental administrative law, has a strong influence on administrative laws in several other countries such as Belgium, Greece and Tunisia.
Administrative law in Germany, called "Verwaltungsrecht" de:Verwaltungsrecht rules the relationship between authorities and the citizens and therefore, it establishes citizens' rights and obligations against the authorities. It is a part of the public law, which deals with the organization, the tasks and the acting of the public administration, it contains rules, regulations and decisions created by and related to administrative agencies, such as federal agencies, federal state authorities, urban administrations, but admission offices and fiscal authorities etc. Administrative law in Germany follows three basic principles. Principle of the legality of the authority, which means that there is no acting against the law and no acting without a law. Principle of legal security, which includes a principle of legal certainty and the principle of nonretroactivity Principle of proportionality, which says that an act of an authority has to be suitable and appropriateAdministrative law in Germany can be divided into general administrative law and special administrative law.
The general administration law is ruled in the administrative procedures law. Other legal sources are the Rules of the Administrative Courts, the social security code and the general fiscal law; the Verwaltungsverfahrensgesetz, enacted in 1977, regulates the main administrative procedures of the federal government. It serves the purpose to ensure a treatment in accordance with the rule of law by the public authority. Furthermore, it contains the regulations for mass processes and expands the legal protection against the authorities; the VwVfG applies for the entire public administrative activities of federal agencies as well as federal state authorities, in case of m