Legal Factors of Legal Quality
University of Groningen - Faculty of Law
University of Groningen - Department of Administrative Law and Public Administration
May 8, 2009
QUALITY OF DECISION-MAKING IN PUBLIC LAW, K.J. de Graaf, J.H. Jans, A.T. Marseille, J. de Ridder, eds., Europa Law Publishing, 2007
Legal quality is a characteristic of administrative decision-making that is based on the law. This essay discusses how the law influences legal quality; in other words, what legal factors determine the legal quality of decision-making?
To answer this question we describe three categories of legal factors that arguably have an influence on legal quality.
The first category consists of factors connected with the relationship between the government and members of the public in administrative law (the administrative relationship). This relationship is the object of legal quality. In Dutch administrative law the relationship between government and members of the public is based on three basic concepts: the decision, the interested party and the public authority. The developments with regard to these concepts form the first group of legal factors.
The second group of legal factors consists of the changing legal concepts and legal standards factors. The third group of legal factors can be found in the enforcement of these standards: judicial review and administrative supervisions as mechanisms to correct administrative behaviour.
Number of Pages in PDF File: 16
Keywords: Quality, Legal science, Administrative Law, Decision-Making
JEL Classification: K41, K42, D73, D74Accepted Paper Series
Date posted: May 10, 2009 ; Last revised: June 8, 2011
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