The current issues of the functions of case law in administrative justice

• Published in: Науковий вісник Ужгородського національного університету. Серія Право Vol. 2; no. 88; pp. 414 - 419
• Main Author: Kobal, O. V.
• Format: Journal Article
• Language: English
• Published: 20.05.2025
• ISSN: 2307-3322; 2664-6153
• DOI: 10.24144/2307-3322.2025.88.2.57

This article examines the role of the functions of case law in administrative litigation. The author examines the concept of «functions of case law» and defines them as the ways in which case law impacts the legal system, reflecting the essence and purpose of judicial activity. Based on a review of scholarly works, the article identifies three primary functions of case law in administrative litigation: the application of law, the interpretation of law, and law-making. The application function is highlighted as the most important, as the primary task of an administrative court is to apply the relevant legal norms accurately to the disputed issues. The interpretation function becomes relevant when the mere application of a legal norm is insufficient for resolving the dispute properly. The author concludes that the application and interpretation functions in administrative litigation are largely similar to those in other types of judicial proceedings. The article further explores the law-making function in administrative proceedings, which seeks to address legislative gaps and ensure the right of individuals to access justice. The study highlights the distinctions of this function, which are related to the following characteristics of administrative proceedings: 1) the involvement of public authorities in the case, whose powers and actions are strictly defined by law, thereby limiting judicial law-making in this regard; and 2) the authority of administrative courts to declare normative legal acts unlawful and invalid, leading to the creation of new norms or modifications of existing ones. This underscores the potential role of administrative courts as «negative» law-makers, meaning that their powers include altering the regulation of public relations by annulling unlawful acts, making such acts void.