Legal System in Democratic Republic Research Proposal

Open, View, and/or
Download this Document

Total Length: 1246 words ( 4 double-spaced pages)

Total Sources: 4

Page 1 of 4

(2007)

Unilateral administrative acts are the imposition of the will of the administration upon the people of administrative law that has been "developed by doctrinal writings" (Zongwe, Butedi and Phebe, 2007) and which fall into two primary categories:

1) The first is related to unilateral administrative acts "defined in the terms of the procedure for adopting, and the administrative bodies or officials performing these acts (classification formelle);

2) The second involves unilateral administrative acts defined by their contents (classification materielle). (Zongwe, Butedi and Phebe, 2007)

Bilateral administrative acts are "contracts which the administrative bodies may conclude" and are contracts both private and public in nature. (Zongwe, Butedi and Phebe, 2007) The administrative body in private contracts is stated to be "but a private person in a commercial transaction." (Zongwe, Butedi and Phebe, 2007) Disputes of these contracts are mediated by ordinary courts however disputes involving public contracts results in the administrative body acting with state authority.

IV. FUNDAMENTAL PRINCIPLES OF DRC ADMINSITRATIVE LAW

Zongwe, Butedi and Phebe (2007) state that the fundamental principles of DRC law are:

The principle of citizens' equal access to public services;

The principle of legality of administrative acts; and The principle of continuity of public services. (Zongwe, Butedi and Phebe, 2007)

The principle of "administrative legality" is another important principle in DRC administrative law which makes it a requirement of the administration 'to abide by the rules particular to the type of administrative acts that a certain administrative body performs." (Zongwe, Butedi and Phebe, 2007)

V. RETROACTIVE ADMINSTRATIVE LAW

The administration is also precluded from application of retroactive acts of administration with exceptions and for example the decision of the administration may be retroactive "if the law explicitly or implicitly envisages it" and as well "the nature of certain decisions and certain situations may also require retroactivity.

Stuck Writing Your "Legal System in Democratic Republic" Research Proposal?

View All Our Example Legal System in Democratic Republic Research Proposal

Have A Custom Example Essay Written

" (Zongwe, Butedi and Phebe, 2007) Administrative law is stated by Zongwe, Butedi and Phebe to have "conferred on the administration two special privileges" as follows:

Privilege du prealable - gives the administration power to issue to itself the enforceable instruments needed to fulfill its mission; and Privilege de l'execution d'office - provides the administration the necessary power to enforce acts adopted against individuals concerned. (Zongwe, Butedi and Phebe, 2007)

In order that an administrative act be of a valid nature the "author of the administrative act [must] have competence in terms of the subject matter (ratione materiae), in terms of geographical restrictions (ratione loci) and time requirements (ratione temporis)." (Zongwe, Butedi and Phebe, 2007)

The administration must enact a law in order that it be considered as legally binding and that act must be published upon its enactment. Administrative controls and judicial reviews of administrative acts are designed in order to gain compliance with the "principle of legality of administrative acts." (Zongwe, Butedi and Phebe, 2007) In order that administrative controls be met the administrative official performing the administrative act is required to review their decision and a superior official of the same administrative body is required to conduct a review of the act. In the case of failing administrative controls the party with a grievance "can commence legal actions before the competent courts." (Zongwe, Butedi and Phebe, 2007).....

Show More ⇣

     Open the full completed essay and source list


OR

     Order a one-of-a-kind custom essay on this topic


sample essay writing service

Cite This Resource:

Latest APA Format (6th edition)

Copy Reference
"Legal System In Democratic Republic" (2009, February 24) Retrieved April 29, 2025, from
https://www.aceyourpaper.com/essays/legal-system-democratic-republic-24534

Latest MLA Format (8th edition)

Copy Reference
"Legal System In Democratic Republic" 24 February 2009. Web.29 April. 2025. <
https://www.aceyourpaper.com/essays/legal-system-democratic-republic-24534>

Latest Chicago Format (16th edition)

Copy Reference
"Legal System In Democratic Republic", 24 February 2009, Accessed.29 April. 2025,
https://www.aceyourpaper.com/essays/legal-system-democratic-republic-24534
   

Open, View, and/or
Download this Document
order custom essay example