Understanding Administrative Law and the Principle of Legality

1. Defining the Administrative Function

The administrative function is defined as the exercise of state authority under a specific legal framework.

2. The Principle of Legality

The principle of legality dictates that no state organ or individual may make a decision that does not conform to established general legal provisions.

3. Understanding the Scope of Legality

From a material point of view, the principle of legality requires that individual decisions must be based on abstract, pre-existing legal standards.

4. Violations of Administrative Legality

Common violations include failures to uphold:

• The right to a hearing
• Equality before the law
• Fair distribution of public burdens
• Prohibition of unjust enrichment

5. Exceptions to Material Legality

The primary exception occurs in cases involving administrative discretion.

6. Administrative Discretion Defined

According to Bornnard, discretion exists when the law grants the administration the power to decide whether to act, when to act, and the specific content of that action.

7. The Nature of Discretion

Discretion is the free appreciation granted to management to determine what is necessary or appropriate in a given situation.

8. Judicial Control and Supreme Court Rulings

The Supreme Court maintains that the exercise of discretionary power is subject to Article 16. It is under constitutional and judicial control to ensure acts are not unreasonable, arbitrary, capricious, unjust, or contrary to equity.

9. Authority and Legal Competence

Authorities must operate within competencies linked by law. Discretionary power cannot override guarantees established by legislative mandates.

10. Constitutional Division of Powers (Article 49)

Article 49 of the Constitution, which divides the supreme power of the federation into executive, legislative, and judicial branches, was amended on August 12, 1938, December 30, 1950, and March 28, 1951.

11. Article 131 and Executive Powers

As amended on December 30, 1950, subsection 2 of Article 131 allows Congress to empower the executive branch to increase, decrease, or eliminate export and import fees.