LES ENJEUX MECONNUS DE L'AUTRE DROIT ADMINISTRATIF
AbstractThis article explores the nature of administrative law in a contemporary Canadian and Quebec context. Apart from the fact that judicial control occupies all, or almost all of the study of administrative law, the author attempts to demonstrate the interest that should be paid to internal administrative law, the day to day organization and functioning of the administrative system in order to ensure its efficiency. The text summarizes the nature of this law and presents its characteristics that, in some respects, constitute handicaps in relation to a law that concerns judicial control. Next, the author describes the issues that should incite interest in the judicial community and in society in general. The author distinguishes in this regard between those that oppose administrative values with the individual values of those who are concerned only with the administrative system, but nonetheless attack the fundamental balance of a democratic society. He uses the modernization of the state as an example and shows that it directly questions the law and more particularly, that it has the capacity to induce changes in the system, for example greater autonomy and larger responsibility on the part of administrators. The author concludes on the note that the law of judicial control cannot alone respond to all of the demands of a modern administration and that internal administrative law has a major and complementary role to play in ensuring the efficiency and evolution of the government system. Finally, he emphasizes that this law is connected to other disciplines, namely management, and that this widening of perspective can only enrich the study of law.
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