A Comparative Analysis of the Fundamentals and Components of Administrative Justice

The significance of comparative study in the field of administrative law, which heavily relies on foreign legal frameworks unlike other domestic legal fields, cannot be overstated. Within this context, the examination of administrative justice, which plays a pivotal role in the establishment and evolution of administrative law in influential legal systems, becomes increasingly important. This article aims to explore the characteristics and distinctions of administrative justice models across the globe, with a focus on the legal foundations of each respective legal system and the extent to which these distinctions are reflected in the procedural components. Among the various classifications of administrative justice patterns, the classification of countries based on organizational criteria and competency appears to be the most meaningful and comprehensive. From this perspective, countries can be categorized into three models: judicial unity (English model(, judicial duality (French model(, and mixed system (Germany-Belgium model(. Key factors such as the definition of the concept of public interest, the relationship between substantive and formal rules, the nature of the judge-administration relationship, and the unity or duality of the legal framework and judicial authorities significantly influence the formation and differentiation of each justice model. These factors manifest themselves to varying degrees in the quality and manner of justice, as well as in the issue of control and the authorities of the administrative judge.