Oikeus on, miten se systematisoidaan? – Kysymys oikeudenalajaotuksesta ja hallinto-oikeudesta
Avainsanat:
oikeudenalajaotus, yleiset opit, oikeuden systematisointi, kriittinen oikeuspositivismi, hallinto-oikeusAbstrakti
Law is, how it is systematised? The Question of Disciplines of Law and Administrative Law
The article discusses the dynamics of stability and change in law in the context of Finnish administrative law. It is suggested that due to societal megatrends such as the emergence of the Internet, globalisation, constitutionalism, juridification and the relativisation of the private/public distinction, law – administrative law included – has been forced to adjust. At the same time, the history of administrative law shows that regardless of these modern developments the basic problems of administrative law have remained similar. It is argued, in the light of Kaarlo Tuori’s Critical Legal Positivism, that one legal discipline alone may be regarded as a stratified phenomenon, whereby rapid and necessary but, arguably, superficial changes cannot jeopardise the core identity of that discipline. However, much depends on the interpretation of the systematising principles of law.
