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Administrative law can unilaterally Criminal law only changes the legal status
determine the legal position (status) of a of a subject through the judgement of a
subject (other than through a legislative, court or (existing) legislation → no
judicial, contractual or private law act) unilateral decision separated from other
branch or form of law
Administrative law automatically enjoys the Substantive criminal law only enjoys the
writ of execution writ of execution based on a court order;
Administrative law enjoys discretion In criminal law, there is only a very limited
form of discretion to be enjoyed; the
prosecution can choose whether they want
to prosecute a specific suspect, and the court
can decide the severity of the sanction (or
whether they want to impose a sanction at
all)
Administrative law enjoys judicial The court subjects the prosecution to full
deference judicial scrutiny: there will be a full
examination of the facts and there is no
deference by the court to the assessments of
The burden of proof lies with whoever The burden of proof also lies with the
decides to challenge the administration, and prosecution, and the standard of proof is
the standard is reasonableness. beyond reasonable doubt
Administrative law can unilaterally Apart from family law and personal rights,
determine the legal position (status) of a civil law only changes a subject’s legal
subject (other than through a legislative, status through consent or wrongdoing
judicial, contractual or private law act)
Administrative law automatically enjoys the In civil law, there is normally only a writ of
writ of execution execution through a court order or authentic
deeds.
Administrative law enjoys judicial In civil law, when a claim is contested, there
deference is no room for deference by the court.
The burden of proof lies with whoever The court conducts a full examination of the
decides to challenge the administration, and facts, and the standard of proof is more than
the standard is reasonableness. reasonable.