Tradition and change in administrative law: An anglo-german comparison

Abstract

Administrative legal systems are based on national constitutional legal traditions and cultural values. English judges have for centuries applied the common law. In Germany, judges have developed administrative legal principles for the protection of the individual against state action. However, over the last few decades Administrative legal systems have become less isolated. This is the result of fundamental developments in the European legal landscape and of the increasing complexity of Administrative legal problems. In the UK, the constitutional basis for judicial review, principles of judicial control and governmental liability as well as the organisation of the courts are changing. Both the English and the German Administrative legal systems are increasingly faced with the question of how to balance the dynamics of change with the preserving forces of tradition. Here, the open attitude of judges and lawmakers in considering solutions offered elsewhere is a remarkable development in a field of law which has long been perceived as too nationally specific. There is a growing need for comparative material and analysis in Administrative law - this book provides a valuable contribution. © Springer-Verlag Berlin Heidelberg 2007. All rights are reserved.