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Droit Administratif

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HomeBrud.gifAdministrative LawBrud.gifDroit Administratif

Droit Administratif is a French Administrative Law.

The body of rules are framed that determine the organization, powers and duties of public administration (administrative agencies and officials) and regulate the relation of the administration with the citizens of the country.

Dicey, in his Law and Constitution (1915) said Droit Administratif is that part of law that determines:

1. Position and liabilities of State officials

2. Rights and liabilities of private individuals in their dealings with officials as representatives of State

3. Procedures by which the rights are enforced.

Droit Administratif does not represent the principles and rules laid down by the French Parliament but contains rules developed by judges of the administrative courts.

When a conflict arises in regard to Jurisdiction between ordinary courts and Droit Administratif, the matter is decided by Tribunal des Conflits. This tribunal contains equal number of judges from ordinary court and administrative courts and is presided over by the Minister of Justice.

Droit Administratif does not have a separate code for itself like the Civil Code. The Conseil d' Etat has developed and elaborated the doctrines on its own.

Features of Droit Administratif

  1. Dual System of courts - separate administrative courts,
  2. Counseil d’Etat
  3. Tribunal des conflicts and
  4. Application of special rules

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