THE NATURE OF THE MODERNIZATION OF ADMINISTRATIVE JUSTICE IN THE ANGLO-SAXON LEGAL SYSTEM

The main goal of the study is to determine the nature and features of the Anglo-Saxon legal system, the nature of the impact of common law principles, to clarify the legal status of UK tribunals, and highlight the main advantages and disadvantages of administrative tribunals compared to general courts. Unlike continental legal systems, Anglo-Saxon law emphasizes the procedural, pragmatic side of its operation. In the studied legal system there are several positions on the understanding of the concept of “administrative justice”: first, it is the existing procedure for appealing against decisions and actions of public administration and officials in court, i. e. a special type of judicial activity; secondly, it is the activity of tribunals as quasi-judicial bodies. In addition, many countries belonging to the Anglo-Saxon legal family have the principle of mandatory prior (pretrial) recourse to administrative justice disputes. Only after consideration of the pre-trial appeal by the authorized quasijudicial bodies is it possible to open the procedure in the general court. The Anglo-Saxon system of administrative justice is based on the doctrine of equality of all officials before the courts and the prevention of the removal of officials from the jurisdiction of the same courts that other citizens deal with. An analysis of the administrative justice of Great Britain (Anglo-Saxon version) allows us to conclude that it operates at the junction of the executive and judicial branches of government. Administrative justice is linked to the executive branch by the fact that its bodies are in close cooperation with the active administration. Instead, it is brought closer to the judiciary by the fact that courts of general jurisdiction act as an appellate instance against decisions of administrative tribunals. The activities of these bodies are departmental in nature and, unlike the continental model of administrative justice, do not carry the principle of universal jurisdiction.