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GEORGES LANGROD Administrative Contracts A Comparative Study J-H E TREND TOWARD FLEXIBILITY in public administration is shown by comparative experience to be a characteristic and truly universal phenomenon. It is characteristic: in this respect, administrative action contrasts with other types of legal proceedings by other branches of government, in which the existing rules seem much more rigid and leave far less choice as respects the forms employed. I t is universal: irrespective of the conceptual framework, the secular tradition, and the evolutionary trends of law in a given region or country, public administration every where actively and insistently seeks more adequate modes of action, better adapted to the infinite diversity of the ends pursued. In this light, administration resembles mutatis mutandis commerce between individu als; in both areas of activity, creative forces are present, comparable in their spontaneity, in the multiplicity of legal relations which they create, and in their capacity to utilize legal devices adapted to the particular ends in view. The basic administrative concern for the public welfare universally requires recourse to new forms, more flexible, better adapted to concrete needs, and more efficient. Thus, the ingenuity of the indi vidual pursuing his own interest or right,
American Journal of Comparative Law – Oxford University Press
Published: Jul 1, 1955
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