The Development Of German Administrative Law

The structure and function of German administrative law must be understood in light of historical issues and the requirements of the Constitution. In the 19th century, the political climate for the protection of human rights and the expansion of the rule of law changed and the level of government intervention in individual rights increased. As a result, judicial review was introduced to protect the individual in front of the adminstration. This century in Germany is characterized not only by the constitutional rights movement but also by the creation of substantive administrative rights. Administrative law became a separate discipline from constitutional law. The 1949 Constitution brought about fundamental changes in administrative law; It has established the form of governance and the rules that govern it, and in various respects it has provided guarantees for the rule of law and guaranteed effective judicial review. In recent years, there has been criticism of German administrative law, and a group of thinkers have called for the creation of new administrative law in response to the social, administrative complexities and demands of Europeanization, arguing that traditional German administrative law is no longer suitable for this purpose.