Legal Factors of Legal Quality

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

16 Pages Posted: 10 May 2009 Last revised: 21 Jun 2013

See all articles by Herman Bröring

Herman Bröring

University of Groningen - Faculty of Law

Albertjan Tollenaar

University of Groningen - Department of Administrative Law and Public Administration

Date Written: May 8, 2009

Abstract

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.

Keywords: Quality, Legal science, Administrative Law, Decision-Making

JEL Classification: K41, K42, D73, D74

Suggested Citation

Bröring, Herman and Tollenaar, Albertjan, Legal Factors of Legal Quality (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, Available at SSRN: https://ssrn.com/abstract=1401330

Herman Bröring

University of Groningen - Faculty of Law ( email )

9700 AS Groningen
Netherlands

Albertjan Tollenaar (Contact Author)

University of Groningen - Department of Administrative Law and Public Administration ( email )

PO Box 716
Groningen, 9700 AS
Netherlands

HOME PAGE: http://www.rug.nl/staff/a.tollenaar

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