GENERAL OVERVIEW ON MATERIAL-FUNCTIONAL CONCEPTION OF THE STATE ADMINISTRATION
GENERAL OVERVIEW ON MATERIAL-FUNCTIONAL CONCEPTION OF THE STATE ADMINISTRATION

Summary/Abstract: The science of administrative law has accepted the view that the expression "administration" has two basic meanings: firstly, according to one of them, the term administration implies a certain circle of entities/executors (bodies or organisations), as a rule, within the state apparatus, which are different from other executors of the state activity by being entrusted the function of administration; secondly, by the term administration, a specific type of activities is indicated, which, according to some of its specific features, differs from other state activities. In the first instance, where the notion of administration is determined by the viewpoint of the executors-entities (bodies and organisations) performing administrative activity, the theoretical concept of the so-called the concept of management in formal-organisational terms. In the other case, where the function or the content of the administrative activity is taken as the basis for determining the notion of administration, the theoretical notion of administration in a material-functional sense comes into light. Whilst the functional concept of the administration tends to determine what the state administration does (what it consists of, what kind of activity or function), the organisational concept should determine who does it. Accordingly, there are two special considerations of the state administration: first, i.e., as a certain system of administrative organisations, i.e., as one single state instrument (formal-organisational term) and, second, as a separate form of state activity, meaning, system of certain functions (material-functional term). Basic innovation that determines the role of the administration in contemporary conditions is that it does not appear rather as an exclusive bearer of power, an empire, but as a system of organs whose main purpose is the enforcement of laws, under strong and continuous supervision of the government, parliament and the judiciary, and for the purpose of simplifying and efficient realisation and protection of freedoms and rights of the citizens.

• Details
• Contents