Legislation as a Substantive Principle of Administration

Vitanski, Dejan (2019) Legislation as a Substantive Principle of Administration. KNOWLEDGE International Journal Scientific papers, 26 (6). pp. 1763-1769. ISSN 1857-92

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Abstract

One of the essential principles, which represents a pivot in the physiognomy of the legal order, is the principle of legality. His imperative is manifested through the obligation of the administrative organs and officials, the actions they take and the acts they make, to base exclusively on the laws, as well as the rules based on the law. Legality is a fundamental principle that all employees, from the top to the bottom of the administrative pyramid, should uphold. As a substantive element, it constitutes the essence of the service-based and functionally potent administrative systems of European countries and is established as a normative framework, directive, guide, roadmap and postulate for the operation of their officers. Because of its primordial and strategic significance, in states with atrophied and insufficient institutional structures, which still pass through the labyrinth of the obscure transition tunnel, this principle should be implanted as the basic substrate in the mental matrix and in the professional habitat of the administrators. In accordance with the principle of legality, the authorities of the public and state administration, in the immediate application of the laws and other regulations, have a duty to provide the rights of the clients, ie they impose obligations that arise only from the laws. In this way, the principle of equality is revived, and arbitrariness, voluntarism and arbitrariness in the resolution of the rights and obligations of citizens and other legal entities are prevented. By practicing the principle of legality, in fact, the stability of the legal as well as the social system as a whole is ensured and the fundamental, constitutional and law-enforced rights of citizens are guaranteed. The administrative authorities are obliged to apply the principle of legality and in cases when they are authorized to decide on a free (discretionary) assessment. It is a guarantee mechanism for reducing and preventing arbitrariness and arbitrariness in decision-making. The antidote to legality is illegality. In the narrow sense, the notion of illegitimacy refers to abuse of power (ultra vires), or rather incompetence, a direct violation of legal rules and errors in the establishment and the legal qualification of the facts. This meaning of the term in "narrower sense" refers, in particular, to cases where the administration procedure is regulated by a law that is very precise and in cases where the competence of the administrative authority is determined and imposed in accordance with the law, but it can also apply of cases where the administration has some kind of discretion. In a broader sense, however, illegality involves the pursuit of improper purposes and consideration of inadequate considerations and irrelevant factors. Keywords: formal legality, material legality, administration, officials, clients.

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Mr Mladen Kradzoski
Date Deposited: 24 Dec 2020 07:21
Last Modified: 24 Dec 2020 07:21
URI: http://eprints.uklo.edu.mk/id/eprint/5981

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