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RULE OF LAW VERSUS FUNCTIONALISM

VIEWS: 20 PAGES: 1

									Administrative Law 301                              January 10, 2006




                 RULE OF LAW VERSUS FUNCTIONALISM



         FEATURE               RULE OF LAW   FUNCTIONALISM

With which figure is it most
closely associated?
Which branch of the state is
supreme? Who is the final
arbiter?
The maxim that “no one is
above the law” is associated
with…
Is the state “good” or
“bad”?

What rights or interests are
in need of protection?

How does it view broad
discretionary powers?

What is the ideology
underlying the theory?

Is law different from or
similar to policy?

Is it a private or public
model of admin law?

The administrative state
should be…

A criticism of this theory
is…

Another criticism of this
theory is…

								
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