Administrative law, judicial control, administrative liability, rule of law, administrative efficiency, guarantee of rights, public freedoms, state responsibility
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Quotes from renowned legal experts on the principle of legality, judicial control, and administrative liability, highlighting the balance between administrative efficiency and guarantee of rights.
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[...] ] courts sometimes tend to push their control too far with the help of the principle of proportionality > Gilles Lebreton, Cahiers de la recherche sur les droits fondamentaux : - (State of siege) "legislative regime dangerous for freedoms" - « Augmentation of excessive powers > "the fault may detach itself from the service [ . ] but the service does not detach itself from the fault I. The principle of legality R. Chapus: 'The principle of legality is at the same time the guarantee of the freedom of the administered and the very condition of the legitimacy of administrative action.' J. Rivero: 'Administrative power exists only for the service of the law: it owes obedience to it and derives its authority from it.' M. [...]
[...] Auby: 'The legitimacy of the administrative judge rests on its ability to ensure the balance between the rule of law state and the managerial state.' III. Administrative liability L. Duguit: 'The State is not above the law: it must answer for its faults like any private individual.' R. Chapus: 'Administrative liability is the most accomplished expression of the rule of law state.' M. Hauriou: 'The responsibility of the administration is not a favor, it is a requirement of justice.' J. [...]
[...] Pacteau: 'The principle of legality is not only a principle of submission of the administration to the law, it is also a principle of balance between administrative efficiency and guarantee of rights.' II. Judicial Control of the Administration J. Rivero: 'The administrative judge is the guardian of public freedoms in the face of the power of the State.' R. Chapus: 'The judicial control of the administration is not a brake on public action: it is its guarantee.' G. Vedel: 'The administrative judge has transformed public power into a responsible power.' B. [...]
