A philosophical approach on administrative procedure

• Author: Valon Leci
• Pages: 204-212

Vol. 2 No. 1

January, 2018

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

ISSN 2519-1284

Acces online at www.iipccl.org

204

A philosophical approach on administrative procedure

Valon Leci

Abstract

Protection of the rights of parties by public administrative bodies which supervise the

legislation enforcement and which issue decisions on this ground is enabled only through

solid and concise structuring of administrative procedure and respecting of this procedure by

all persons involved in a certain administrative procedure. Therefore, the state which is the

only institution to have the competence for issuing and enacting laws, always keeping in mind

thefactthatdierentpartieswillinonewayoranotherbeaectedbythedecisionofpublic

administrationbodiesareentitledtoprotecttheirlawfulinterestsshouldenactadequatelaws

which regulate the whole procedure to be carried out in order to make a public administration

act binding on parties and so be respected. This type of governance of procedure development

willbeaveryecientandeectivemechanismtopreventstateauthoritiestousetheirpowers

for authoritarianism and arbitrariness, and create one of the manners for functionalising the

rule of law.

Keywords: Law, justice, procedure, human rights.

Introduction

The overall discourse on the manner of functioning the society and maintaining the

social cohesion is mainly developed in two basic antagonist lines, whose benchmark is

theneedforexistenceorinexistenceofthestateasinstitutionOntheonehandthere

isatheoreticalcommunitywhicharmstheanarchisttheorywherebytheexistence

of a constitutional institution, as it is the state, which would organize and enable the

life of people without society, is not necessary. Even though there is an antagonism

even within this group as a result of individual positioning with the society and the

state, however, their convergence point is the exclusion of the need for existence of

astateThesetwoanarchist groupsareCommunitariananarchists conrmtheidea

that the minimalistic and narrow societies, which in fact due to their narrowness

enable a totally normal functioning of the relevant society and respect of relevant

agreements because even in such societies there is total mutual pam-individual

recognition. “Communitarian anarchists argue that, in a society made up of communities like

this, cooperation will be possible on a much larger scale. Essentially communities will agree to

exchangeserviceswithoneanothertheymayspecializeinproducingdierentkindsofgoods

for instance – and they will collaborate on projects that need to be carried out on a larger scale,

for instance, creating a transport system or a postal service. It is in each community’s interest

to make these agreements, and the penalty for breaking them is that no one will be willing to

cooperate with your community in the future if it proves to be untrustworthy. So once again

there is no need for a central authority to tell people what to do, and no need to use coercive

forcetocompelcommunitiestocooperatethesystemwilleectivelybeselfpolicing

Second group of anarchists are libertarians, who consider that all eventual services

of the state in relation to individual and protection of their rights, freedoms and

interestsmaybeperformedbydierentprivateeconomicentitieswhich havetobe

 DavidMillerPoliticalPhilosophyAVeryShortIntroductionOxfordUniversityPresspg