The administrative state is the activity of government public institutions of power and administration to carry out the functions of the state. It consists of the framework defined by formal and informal norms, relations, connections, and proceeding in the interaction of executive authorities with the political leadership among themselves and the structures of civil society. Debate on the legal process, the resolution of the question about the existence or absence, and the need or unnecessity of this category in the system of the general theory of law are now far from a certainty.
The effectiveness of the structure of the administrative state is influenced by several factors: perfection of the legal framework, consideration of the socio-cultural characteristics of the country, and material and technical support. The administrative state suffers from a crisis of legitimacy: many question the legitimacy of commissions, councils, and agencies through which part of the current administration is carried out (McKinley, 2017). An important topic within the constitutional basis of the organization of administrative governance or the personal composition of administrative bodies is the distribution of powers between the legislative and executive branches. Acknowledging the petition process and the functioning of a participatory state can be a first step toward improving government structure.
The field of law has evolved over the years, and legislation has carried the legacy of legal process theory for quite some time. Public authorities develop appropriate programs, mobilize the necessary resources, and organize and coordinate the activities of actors to implement policies. It is essential to pay attention to different aspects to ensure the correct functioning of the state. Empowerment and participation will preserve and modernize democratic values; recognition of this critical aspect will strengthen models of lawmaking.
McKinley, M. (2017). Petitioning and the making of the administrative state. The Yale Law Journal, 127 (6), 1538.