The Economic Philosophy Of Administrative Law In The Western World

The theories of economics play a definitely important role in the theoretical evolution of administrative in western countries.During the period of free-competition capitalism, the power control theory and the theory of public power, which were influenced much by those doctrines of the economic liberalism, were both determined by the social and historical conditions of that time. The power control theory came from the transitional course between the mercantilism and the economic liberalism, while the transition from the mercantilism to the physiocracy gave rise to the theory of public power. Confining the administrative power to a limited scope through legislation and justice is the theme of the administrative law of that time, which is called the theory of the police administrative law.During the period of monopoly capitalism, those anti-orthodox theories of economics gave impetus to the expansion of the administrative power as well as to the theory of the public service, while the rejuvenation of the economic liberalism led to the continuation of the power control theory. And the following Keynesian Revolution brought the concepts of public welfare and public interests to the administrative law of the two legal systems, which made them to coordinate in the aspects of logic basis, humanistic spirits and value standards. Trying to restrict the effect of the market mechanism and enlarge the function of the administrative power it the theme of the administrative law of that period. And we could call it the theory of the welfare administrative law.Since the 1970's, the theories of the western administrative rule by law have been much adaptable and flexible, as a result of the merge between the economic liberalism and the governmental interventionism. And the administrative law of the two legal systems also achieved the consistence in the areas not only of ideas, but also of institutions. At last, I come to the conclusion that the administrative law of the contemporary ear is of substantive service. Service and cooperation is its humanistic spirits, and to promote the public interests, fully develop the people's material and spiritual civilization are its value pursuit.