Editorial
| DOI | 10.1177/002085235902500101 |
| Date | 01 March 1959 |
| Published date | 01 March 1959 |
| Subject Matter | Articles |
EDITORIAL
In our preceding editorial, we announced
terial formalities -
»
as
distinct f rom those
that Georges Langrod would write a general
which must be complied with under penalty
survey of non-litigious procedures.
of annulment, but doubtless without distin-
guishing systematically between administrative
Our f aithf ul contributor has sent in his
acts and tribunal decisions. But what can the
shrewd remarks, which have reached us at the
study of the material f ormalities -
i.e. those
right time to sum up one of the principal sub-
considered essential for the legality of an act,
jects dealt with by the Review in 1958. That
even in the absence of regulations -
with
there is general interest in the problems con-
which the Civil Service must comply on gen-
sidered can no longer be denied. We think
eral principles of Law be, if it is not a preli-
that it represents an irreversible trend towards
minary examination of a non-litigious admin-
the emancipation of the public who need to
istrative procedure ?
understand, and to be persuaded rather than
coe.rced, who look askance at machinery they
Let us briefly revert, to expose its ill effects,
are inclined to charge with being inhuman,
to the awe in which many righteous civil ser-
and who perhaps want to make the a ruling
vants stand of f having to state their reasons.
democracy -
»
of Georges Burdeau materialize.
Citizens, as we have seen, are increasingly be-
coming
parties
» to the decision-making pro-
Audvar Os’s article about the Norwegian
cess.
They are too frequently prevented f rom
draft bill on administrative procedure is par-
judging the merits of the position finally
ticularly indicative of that state of mind, since
adopted by the officials. In the circumstan-
the Cosnmission proposing the reform has
ces, the desire for administrative secrecy ap-
stressed the importance of administrative acts
pears to be an extremely serious matter. It is
having the publicity without which there can
...
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