Rule of Law and Administrative Justice
Speaker: Mr. Ivailo Izvorski
Date: 26 September 2013, 4:00pm
Venue: 138 Toktogul Street, Bishkek, Kyrgyz Republic. Conference Room on 2nd floor.
AbstractHis presentation explores the questions: What is Rule of Law? How to monitor the legal development? How to guarantee good administration and administrative justice? A symbolic functional model of the rule of law is like “a house built on solid ground”. The rule of law can be analysed on the basis of four variables - the four corners of the house: 1) the principle of legality, 2) the balanced separation of powers, 3) the implementation of fundamental and human rights, and 4) the functionality of the house from the point of view of its “residents”. In respect of the development of the theory of rule of law, it is sufficient to note that three stages may be distinguished: 1) classical rule of law, referring to the emergence of the principles, 2) democratic rule of law, underlining the role of participation and common laws, and 3) rule of law in social context, paying attention to the social functioning of law. Ensuring the legality of administration is also connected to the right to question the actions of public power. From the citizens’ point of view, this implies having sufficient means to render the legality of the decision made by the administrative authority to be examined by an independent court. When organising the structure of administrative courts, independence of the judges plays a specifically important role because when there is a dispute, it usually occurs between a private person and an administrative authority, an instrument of public power. The independence of the use of judicial power is a part of the balance of the separation of powers.
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Dr Pekka Hallberg is the President of the Supreme Administrative Court of Finland and a Docent of Public Law at the University of Joensuu, Finland. He holds Doctorates both in Laws (1978) and in Political Science (2004) from the University of Helsinki. Dr. Hallberg has been a member of the Supreme Administrative Court since 1979 and has worked as the President since 1993. In addition, he has served as a Legislative Counsellor at the Ministry of Justice, Researcher at the Academy of Finland and as a Professor. He is the chairman of several Government commissions (concerning the Finnish Constitution, fundamental rights, the Bank of Finland, competition legislation, cooperation between banks and insurance companies, the domestic languages). He has chaired the Competition Council, 1985–1993 and has been the President of the Association of the Councils of State and Supreme Jurisdictions of the European Union, 2000–2002. Dr. Hallberg is the Member of the Board of several Finnish associations for attorneys; member of the Finnish Academy of Science and Letters; and President of the Finnish Cultural Foundation, 1996-2003.
The presentation will be in English. Russian translation will be provided upon prior request.