Constitutional Genealogy of Judicial Review in the Administrative State

Administrative procedural law has long been based on the idea that the administration enjoys freedom in the execution of laws that are established through democratic procedures, and that the administration is therefore primarily subject to political, not judicial, oversight. Public administration has however become increasingly complex, and rule-making occurs more and more by specialized administrative agencies. This high degree of professionalism makes it difficult for democratic bodies to properly check the administration. Therefore, administrative procedural law has to enable administrative courts to move beyond the ‘margin control’ on the exercise of discretionary powers by the administration and facilitate an effective legal protection against the administration.