The Principle of the State of Law on the Basis of Administrative Law in the Context of Present-Day Challenges

Abstract

The problems connected with an issue of the principles/rules of administrative law are of great importance and – at the same time – cause lots of controversies and discussions relating to the notion of “principles/rules of law” itself, the character (nature) of these principles, the degree of their general character (their generality), their functions, tasks and their importance for administrative law, their essence or their proper classification. Within this scientific description all these problems were presented, whereas the principle of the state of law was chosen to be particularly distinguished on the basis of administrative law. This principle is a platform between common good and the dignity of the individual, specific link (connecting factor) between other principles of public order which can be formulated in axiological perspective. The principle of the state of law is one of the axiological basis for proper interpretation of the general principles of the code of administrative procedure. It can also give the ground for creating the right to good/sound administration. This principle is of great importance for shaping the public order in the sphere of administrative law (and – still more important – for shaping the legal position of administered subjects) and likewise it should be the symbol of public order formulated on many planes.