NCJ Number
53667
Date Published
1978
Length
306 pages
Annotation
THE ROLE AND NATURE OF ADMINISTRATIVE ORDINANCES IN SWISS LAW IS INVESTIGATED WITH A VIEW TOWARDS REEVALUATION OF EXISTING LEGISLATION.
Abstract
PROBLEMS RELATING TO THE ORDINANCES ARE CONSIDERED FROM BOTH FORMAL AND PRACTICAL POINTS OF VIEW. A TYPOLOGY OF ACTS IS ESTABLISHED ACCORDING TO THE ISSUING BODY, THE PERSONS OR AGENCIES AFFECTED, THE MEANS AND EXTENT OF PUBLICIZING THE ACT, THE JURIDICAL NATURE OF THE ACT'S BASIS AND CONTENTS, THE SUBJECT MATTER OF THE ACT, THE ACT'S NORMATIVE FUNCTIONS, AND THE FORCE OF THE ACT. A DISTINCTION IS DRAWN BETWEEN ADMINISTRATIVE AND LEGISLATIVE ORDINANCES, AND A NEW APPROACH TO ADMINISTRATIVE ORDINANCES IS ADVOCATED. FEATURES DESCRIBED ARE THE ACT'S TITLE AND STRUCTURE, UNPUBLISHED NATURE, CONTENTS, AND COMPETENCE. THE RELATIONSHIP OF ADMINISTRATIVE ORDINANCES TO VARIOUS OTHER ACTS AND TO ADMINISTRATIVE UNITS IS VIEWED IN THE CONTEXT OF THE PRINCIPLES OF LEGALITY AND THE RESERVED POWERS OF THE LAW, ESPECIALLY IN MATTERS OF ORGANIZATION AND PROCEDURE WITH PARTICULAR ATTENTION TO SPECIAL ADMINISTRATIVE RELATIONSHIPS, POWERS OF INSTITUTIONS, AND INTERPRETATIVE ORDINANCES. THE OBLIGATORY FORCE OF ADMINISTRATIVE ORDINANCES IS BASED ON THE DEPENDENCE OF STATE AGENCIES AND BODIES ON ONE ANOTHER, ALTHOUGH THE ADMINISTRATION MUST PROTECT AGAINST INTERFERENCE WITH PARTICULAR RIGHTS. ACCORDING TO THE PRINCIPAL THRUST OF THIS EXTENSIVE STUDY, THE DILEMMA CONSISTS IN A LACK OF FIRM LEGAL FOUNDATION FOR THE ADMINISTRATIVE DIRECTIVES WITHOUT WHICH THE STATE CANNOT FUNCTION; AT THE SAME TIME, ADMINISTRATIVE ORDINANCES CANNOT OF THEIR NATURE HAVE FULL FORCE OF LAW. FOLLOWING THE FRENCH MODEL, THE PROPOSED SOLUTION TO THE PROBLEMS OF LEGALITY INVOLVES RECOGNIZING A NEW. LESSER DEGREE OF NORMATIVE FORCE FOR SUCH ORDINANCES. -- IN FRENCH (KMD)