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Doctrinal concept vs. constitutional and sub-constitutional regulation of administrative authorities

Publication at Faculty of Law |
2023

Abstract

The paper compares the general doctrinal notion of administrative authority with the regulation of administrative authorities in positive law (at the constitutional and sub-constitutional level). The interpretation of the applicable law is preceded by a brief overview of the development of Czechoslovak constitutional arrangements.

The positive law concept of administrative authority was and is narrower compared to the doctrinal concept. In relation to the current legislation, special mention is made of the issue of the so-called independent administrative authorities, especially as regards their relations with the government.