German Administrative Law In Common Law Perspective
It is with the greatest pleasure that I add a few introductory remarks to the book of Dr. Mahendra Pal Singh on German administrative law. Between 1981 and 1982 Dr. Singh spent nearly two years in Heidelberg, doing re search partly at the South Asia Inst
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German Administrative Law In Common Law Perspective
Springer-Verlag Berlin Heidelberg GmbH
M. P. Singh, Professor of Law Faculty of Law, University of Delhi Delhi 110007, India
This publication is supported by the Alexander von Humboldt-Stiftung, Bonn
ISBN 978-3-662-02459-1
Library of Congress Cataloging in Publication Data Singh. Mahendra Pal, 1940German administrative law in common law perspective. Bibliography: p. Includes index. l.Administrative law-Germany (West) I. Title. KK5580.S561985 342.43'06 85-14865 ISBN 978-3-662-02459-1 ISBN 978-3-662-02457-7 (eBook) DOI 10.1007/978-3-662-02457-7 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically those of translation, reprinting, re-use of illustrations, broadcasting, reproduction by photocopying machine or similar means, and storage in data banks. Under § 54 of the German Copyright Law where copies are made for other than private use, a fee is payable to "Verwertungsgesellschaft Wort," Munich. © by Springer-Verlag Berlin Heidelberg 1985 Originally published by Springer-Verlag Berlin Heidelberg New York Tokyo in 1985 Softcover reprint of the hardcover I st edition 1985 Typesetting, printing, and bookbinding: Appl, Wemding 2142/3140-543210
To Bhabhi
Foreword
It is with the greatest pleasure that I add a few introductory remarks to the book of Dr. Mahendra Pal Singh on German administrative law. Between 1981 and 1982 Dr. Singh spent nearly two years in Heidelberg, doing research partly at the South Asia Institute of the Ruprecht Karl University and partly at the Max Planck Institute for Comparative Public Law and International Law. During his stay in the Federal Republic of Germany, Dr. Singh studied the general principles of German administrative law in a careful and admirable manner, and he has now completed the present book which is based on his studies in Heidelberg. For several reasons Dr. Singh is especially qualified to write this book: His familiarity with the administrative law of his home country has enabled him to look upon the German law with considerable objectivity; his knowledge of the German language gave him access to the vast amount of German literature and court decisions; and Dr. Singh was able to penetrate this material with a searching and scholarly spirit. The final product seems to be the first comprehensive treatise in English on German administrative law. German administrative law has many peculiarities which are unknown or at least unusual in common law countries. Influenced at the turn of the century by French administrative law, the general rules and principles of administrative law have been developed mainly in learned writings and in court decisions. Mter the second world war, the German system of administrative courts developed in a most comprehensive manner. All decisions of administrative authorities affecting individual rights can be challenged in courts; this is guaranteed by the Federal Constitution, Art. 19 (4) of the German Basic Law. Three lev
