Page 82 - English for Constitutional Law

Law sets out the rules and principles that govern the actions of administrative agencies,
ensuring that they act within the bounds of their authority and by the principles of fairness
and due process.

Administrative Law is concerned with the relationship between individuals and
administrative agencies. It provides the legal framework for exercising administrative power,
ensuring that agencies act fairly, reasonably, and transparently. Administrative Law covers
y
many areas, including immigration, taxation, environmental protection, health and safet , and
social welfare. It defines the powers and responsibilities of administrative agencies, as well as
the rights and remedies available to individuals affected by their decisions.
Scope of Administrative Law

The contents and scope of Administrative Law, according to Van Vallenhoven in his
book entitled "Omtrek van het administratiefrecht,” provides a scheme of administrative law
within the entire legal framework as follows:

a. Constitutional Law/Staatsrecht includes:
1 ) Government/Bestuur
2 ) Judiciary/Rechtopraak
3 ) Police/Politie
4 ) Legislation/Regeling

b. Civil Law / Burgerlijk

c. Criminal Law/ Strafrecht

d. State Administrative Law/administratief recht, which includes:
1 ) Government Law/Bestuur recht
2 ) Judicial Law, which includes:
Criminal Procedure Code

Civil Procedure Law
State Administrative Court Law
3 ) Police Law
4 ) Legislative Process Law / Regelaarsrecht.
Van Vallenhoven's opinion is known as the "Residue Theory.” According to Walt her
Burckhardt (Switzerland), the main areas of State Administrative Law are:

1 ) Police Law. Police is a tool of state administration that is preventive, for example,
prevention in the health sector, bird flu, malaria, supervision in construction, fires,
traffic, and trade traffic (Export-Import).
2 ) Institutional Law, namely the administration is obliged to regulate legal relations by
the duties of administering people's welfare, for example, in the fields of education,
hospitals, regarding traffic (sea, air, and land), Telkom, BUMN, Post, maintenance
of people with low incomes, and so on.
3 ) Financial law and regulations regarding state finances, e.g., taxes, customs, money
circulation, state financing, etc.

67