The Three Dimensions of Administrative Law
Eduardo Ferreira Jordão
Abstract
Open-access reader
Eduardo Ferreira Jordão
Abstract
Open-access reader
My claim is that administrative law has three dimensions: legal, managerial and political. I intend to present them and to discuss their relations with each other. I also plan to show how the tridimensional framework can be helpful and contribute to the development of this branch of law. The tridimensional conception of administrative law provides relevant analytical uses. First, it allows one to understand the dilemmas involved in each administrative choice. Second, it gives meaning to the differences found in the solutions that different jurisdictions give to similar legal problems. Third, it permits to identify and rationalize historical fluctuations that happen inside the same jurisdiction. Fourth, the tridimensional framework has the merit of overcoming a monistic conception of administrative law, which for long fails to capture the complexity of contemporary public administration. And it can open room for a more realistic justification of options inside administrative law. I will develop these points further.
OpenAlex reports 10 citations for this work. Citation counts describe recorded attention and do not establish research quality.
A contribution statement is not available in the OpenAlex record.
Method details are not available in the OpenAlex metadata.
Findings are not separately available in the OpenAlex metadata.
Limitations are not available in the OpenAlex metadata.
Application details are not available in the OpenAlex metadata.
My claim is that administrative law has three dimensions: legal, managerial and political. I intend to present them and to discuss their relations with each other. I also plan to show how the tridimensional framework can be helpful and contribute to the development of this branch of law. The tridimensional conception of administrative law provides relevant analytical uses. First, it allows one to understand the dilemmas involved in each administrative choice. Second, it gives meaning to the differences found in the solutions that different jurisdictions give to similar legal problems. Third, it permits to identify and rationalize historical fluctuations that happen inside the same jurisdiction. Fourth, the tridimensional framework has the merit of overcoming a monistic conception of administrative law, which for long fails to capture the complexity of contemporary public administration. And it can open room for a more realistic justification of options inside administrative law. I will develop these points further.
Key concepts: Monism, Administrative law, Jurisdiction, Law, Politics, Political science, Meaning (existential), Public law