ABSTRACT
The obscurity contrasts sharply with the position in France, where, because administration is necessary, and because it is desirable that the role of persons involved in it should be defined, the administration is a recognised and defined entity. The Council of State and tribunals inferior to it provide the means of adjudication in any such disputes, but the Council of State is itself part of the administration that part of it which is concerned to see that the whole administration works as it should. Under the system in France, the Council of State can be concerned with any complaint about malfunctioning of the administration, but this depends on the existence of 'the administration' as an entity in its own right, defined by administrative law. The innovation was made within the framework of existing constitutional assumptions, so the Commissioner's jurisdiction was restricted to those fields of administration for which ministers are responsible to Parliament.
