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Suability of State Behavior

Author: LiWeiLiang
Tutor: GuoXiangHong
School: Taiyuan University of Science and Technology
Course: Procedural Law
Keywords: State actors Suability Judicial Review The rule of law
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 74
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Abstract


State actors should be included in the scope of judicial review . First , the principle of the rule of law requires that all authority , legislative, administrative , judicial and other institutions must be subordinated to certain principles . The principle of the rule of law requires restrictions on legislative power ; protection against the abuse of executive power ; legal advice , help and protection of equal opportunity? Legitimate protection of the rights and freedoms of individuals and groups ; everyone is equal before the law ... ... it is not stressed to the government to maintain and enforce the law and order , but that the government itself should be subordinated to the legal system . So the act of state should also be included in the scope of judicial review . Secondly , the principle of suability think the only litigation proceedings before government agencies and personnel on an equal footing with the public , a mandatory constraints on its behavior and power to establish the concept of the servant of the people . Or government decision-making mistakes and continue to spread corruption can not be truly placed under effective legal supervision . Again, the concept of the rule of law also requires the national acts suability . The rule of law does not preclude the government as important means of governing the country by law , but it emphasizes the dominance of the law . The government must be based on and approved in accordance with the law of thinking and action , treat the person who must first by rule in law , then people can only rule . Finally, look at the relationship between the national law , or the law of the countries ( powers ) and its essence is to whether countries ( powers ) can accept the constraints of the law . In the relationship between the national law , the authority of any party can not be and should not be superior to the other. If the law is absolutely superior , it will become a beyond all disposable eternal existence ; if the country is absolutely superior , it means that a regime can be arbitrarily abandoned and trampled on the existing legal order . Act of state can not be completely detached above the law.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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