Constitutional and Administrative Law: Hierarchy, Rights, and Review
Constitutional foundations
A candidate must understand the hierarchy of legal norms, the supremacy of the constitution, and the mechanisms of constitutional review. Know the separation of powers, the organisation of the legislature, executive and judiciary, and the procedure for adopting and amending the constitution. Understand fundamental rights: their nature as negative or positive obligations, the principle of proportionality, and the limits on restriction (legality, legitimate aim, necessity, proportionality).
Administrative law
Administrative law tests the administrative act: its elements, validity, and enforceability. Know the difference between legality and expediency, the types of administrative acts (individual, general), and administrative silence. Understand the administrative procedure stages and the remedies: appeal within the administration, then administrative dispute before a court. Learn the grounds for annulment and the limits of judicial review, which generally covers legality, not the merits.
Traps
Questions confuse constitutionality review with legality review, and proportionality with arbitrariness. Another trap is the distinction between an administrative act and an internal instruction, which is not subject to dispute. Watch for deadlines in administrative appeals and the rule that a court cannot substitute its own discretionary assessment.
Rule of thumb
For any restriction of a right, run the proportionality test: is there a legal basis, a legitimate aim, and is the measure necessary and proportionate? For any administrative act, check competence, form, procedure, and reasoning.
Worked example
A ministry bans a public gathering. The ban has a legal basis and a legitimate aim (public safety). If a less restrictive measure (rerouting, time limits) would suffice, the ban fails the necessity limb of proportionality and is unlawful.