WG9
On Law and Public Administration
This Working Group seeks presentations that address issues related to the position of law in public administration, the effect of the rule of law (RoL) on the administrative system as well an analysis of the factors strengthening or weakening the RoL.
Important information
From participants of this working group full paper is required before the conference.
25/11/2024
Extended deadline for submissions of Paper Proposals.
10/04/2025
Deadline of full paper submission
Register for 33rd NISPAcee Annual Conference 2025
Call for papers
Montesquieu’s theory attributed the enforcement of laws to the Executive branch, initially designated as the implementer of legislative acts. Over time, this role expanded to include the creation of laws through mechanisms such as presidential orders and agency regulations in the U.S., as well as cabinet and ministerial decrees in parliamentary systems. Today, the Executive is seen as responsible for ‘applying laws’ (akin to adjudication in English legal terminology) and ‘making of laws’ (concepts derived from German jurisprudence). In both capacities, the Executive surpasses the legislative and judicial branches regarding activity. Law is essential for governance, particularly for public administration, the most active segment of government. Laws establish policy goals and guide public administration on the methods and processes to achieve these goals. Moreover, modern law limits governmental power, safeguarding citizens from potential abuses. Civil liberties, fundamental rights, and procedural due process establish boundaries that modern public administration must respect.
The rule of law (RoL) is typically defined as a series of requirements or legal strategies designed to prevent arbitrary state power and protect citizens from oppression. It mandates that public administration act only within the bounds of the law. There is a distinction between formal-procedural (or “thin”) and material-substantive (or “thick”) requirements of RoL. The former includes stability of legal rules, compliance, and fair enforcement, demanding that the law operate uniformly in identical situations, regardless of legally irrelevant factors such as gender, religion, or political beliefs. The latter encompasses fundamental rights, checks and balances, minority rights, and more.
The interplay between the RoL and democracy is a subject of ongoing debate. The two concepts were historically closely linked, with the RoL seen as essential for genuine democracy. More recently, some have argued that the RoL might impede true democracy. Populist leaders contend that the principles of fundamental rights, separation of powers, and the inherent generality of legal systems obstruct the expression of the popular will, which they claim is the core of democracy. This tension is also explored in academic discourse through the counter-majoritarian dilemma. In the Central-East European region, political systems that embrace the RoL, like democracies, have been relatively rare and generally emerged after the transitional period post-1990. Recent trends of democratic backsliding and the decline of liberal democracy and constitutionalism have sparked academic and political interest, underscoring the significance of the RoL in public administration. The working group invites both theoretical and empirical papers, including national case studies or comparative analyses, addressing the legal phenomenon and the RoL within administrative settings. Submissions may come from diverse disciplines such as law, public policy, political science, or economics or be interdisciplinary in nature.
Abstracts/applications should include:
1. The selected topic,
2. A description of the research problem,
3. Methodology,
4. Expected findings,
5. The academic and/or practical contributions of the paper, highlighting its originality and relevance to the RoL in public administration within the NISPAcee region.
We require all presenters to also serve as reviewers for another participant’s paper to foster a dynamic and productive discussion.
Coordinators
György Gajduschek
senior researcher and head of a research unit at the Centre for Social Sciences, Institute for Legal Studies and a professor at Corvinus University, Budapest.
György Gajduschek is a senior researcher and head of a research unit at the Centre for Social Sciences, Institute for Legal Studies and a professor at Corvinus University, Budapest, where he teaches administrative law. He holds an MA in Sociology from Hungary and an MA in Public Administration from Rockefeller College (SUNY, US), as well as a Ph.D. in Political Science and one in Legal Studies. He has published several papers addressing the position of law within public administration in the Central and East European countries. His research interests turned towards the relationship between legal culture and the Rule of Law. in the past few decades. He studied empirically legal knowledge, legal compliance, and attitudes towards the rule of law in Hungary in a historical and comparative setting.
Vuk Cucić
University of Belgrade - Faculty of Law, Serbia.
[email protected]Vuk Cucić is an associate professor at the University of Belgrade - Faculty of Law, Serbia. His research and teaching fields include administrative Law, administrative procedure, judicial control of administrative acts, public procurement, public administration reform, transparency, data protection, e-government, local government, Europeanization of administrative law, state-investor arbitration. In addition to academic work, he took part in the process of drafting of legislative (General Administrative Procedure Act, Inspection Supervision Act, Administrative Disputes Act) and strategic documents (Public Administrative Reform Strategy). He is a member of the Research Network on EU Administrative Law (ReNEUAL).
Information for Paper holders
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