АНГЛОСАКСОНСКИ СИСТЕМ КОНТРОЛЕ НАД АКТИМА УПРАВЕ
THE ANGLO-SAXON SYSTEM OF CONTROL OVER ADMINISTRATIVE ACTS

Summary/Abstract: Anglo-American law makes difference between common law made out of cases, and statute law developed through changes in the common law rules produced by legislation. This difference between the two kinds of law is especially apparent in the field of judicial control over administration, because both sorts of law show different tendencies as to the role of the courts of general jurisdiction. In England control over administrative acts is performed by the courts of general jurisdiction and administrative tribunals. The author in this paper gives survey of the courts of general jurisdiction which also discharge judicial power over the administrative acts, and then gives survey of administrative tribunals authorized to control administrative acts, too. In England prevails a tendency of increase in number of different administrative tribunals. The author gives survey of some sorts of administrative tribunals. Further on are discussed legal devices which might be used in English law against an administrative act (mandamus, prohibition i certiori, injuction, declaratory judgement etc.). In the United States judicial control over administration is also characterized by duality of organs performing it. First of all, control of the administrative acts is performed by the courts of general jurisdiction as to the common law; on the other hand, this control is discharged by administrative tribunals in certain areas. Social relations became very complex in the United States in the period of monopolistic capitalism and that asked for ever increasing intervention of the government in economic and social relations. All these facts necessiated changes in the system of control of administrative acts performed by the courts of general jurisdiction; that is why in certain laws was prescribed establishment of new administrative organs and bodies upon which the Congress transfered particular authorizations for control of legality of administrative acts. In that way developmental processes in the United States enabled formation of the administrative tribunals which exist as different organs (commissions, agencies, other administrative bodies) which perform only the tasks of control over legality of administrative acts and some other administrative tasks prescribed in laws. The author further on gives examples of the administrative judiciary, i. e., examples of particular sorts of administrative tribunals, which discharge control over administrative acts.

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