The Changes of Administrative Law in a Modern Democratic Society
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Abstract
This article provides the analysis of changes in administrative system and administrative law in Lithuania during the transition period. Analysis refers, that mentioned changes are similar to the transitional changes in the other Central and East European countries. All countries of Central and Eastern Europe have
experienced the fundamental changes in their social, political, cultural and economic life and a legal order,
particularly in the administrative system. Lithuania‘s administrative system is not an exception.
These social changes have challenged innovations in the new state’s administrative structures. Societies are in the process of change and administrative law is the part of permanent process. A primary source of law is the will of state in the terms of political theory of law and the traditional political and legal theories define administrative system as an instrument of the government. Although the administrative authority’s function, under the changes of administrative law, must be conceived not as a coercion function of the state power in nowadays, but as the action which focuses on the realization of the welfare of society, the cultural development, the economical progress, the protection of human rights and freedoms. Today, the state is perceived as the main mechanism for securing the necessary conditions for social progress.
The principal methods for proliferating and increasing the efficiency of the administrative subject’s activity are based on the high competence of administrative authorities. Public involvement, guaranteed by the principle of openness, also is viewed as the main instrument for a modern society development.
The main part of this article provides the issue of administrative procedures and procedural rights, procedural due process, also the principles of administrative law concerning relations between administrative authorities and private persons: principle of lawfulness, right to be heard, principle of proportionality, impartiality, openness, transparency, access to public services, etc. The Individual’s treatment, when he interacts with The State, becames a fundamental issue for the modern society based on the rule of law and respect for the human rights.
There is a question which still remains: does the immediately adopted law, influenced by the rapid democratic changes, responds adequately to the contemporary social changes?
The objective of this article suggests that the formation of constitutional and legal culture in relations between The State and The Individual is an important element or the transition to democracy and modern society.
experienced the fundamental changes in their social, political, cultural and economic life and a legal order,
particularly in the administrative system. Lithuania‘s administrative system is not an exception.
These social changes have challenged innovations in the new state’s administrative structures. Societies are in the process of change and administrative law is the part of permanent process. A primary source of law is the will of state in the terms of political theory of law and the traditional political and legal theories define administrative system as an instrument of the government. Although the administrative authority’s function, under the changes of administrative law, must be conceived not as a coercion function of the state power in nowadays, but as the action which focuses on the realization of the welfare of society, the cultural development, the economical progress, the protection of human rights and freedoms. Today, the state is perceived as the main mechanism for securing the necessary conditions for social progress.
The principal methods for proliferating and increasing the efficiency of the administrative subject’s activity are based on the high competence of administrative authorities. Public involvement, guaranteed by the principle of openness, also is viewed as the main instrument for a modern society development.
The main part of this article provides the issue of administrative procedures and procedural rights, procedural due process, also the principles of administrative law concerning relations between administrative authorities and private persons: principle of lawfulness, right to be heard, principle of proportionality, impartiality, openness, transparency, access to public services, etc. The Individual’s treatment, when he interacts with The State, becames a fundamental issue for the modern society based on the rule of law and respect for the human rights.
There is a question which still remains: does the immediately adopted law, influenced by the rapid democratic changes, responds adequately to the contemporary social changes?
The objective of this article suggests that the formation of constitutional and legal culture in relations between The State and The Individual is an important element or the transition to democracy and modern society.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
