ABSTRACT

The idea that public power should be limited and that the individual who is subject to that power should have the possibility to defend himself against unjust measures in a procedure before a court had been addressed very early in German history. The foundation of the administrative courts was accompanied by an intensive scholarly discussion about the function the supervision of the administration should have. Administrative law was ‘an objective legal order which, even independently of applications of parties, must be applied for the sake of the public law and well-being. In the Weimar Republic the system of individual protection by administrative courts on the basis of state law continued. The protection of subjective rights of the individual was laid down in Art. 19 of the Federal Administrative Court Act. The Administrative Court Code and the administrative procedure acts are linked with each other.