"The Protection of Rights May Be Undermined": A Case Study of Paragraph 42 of Administrative Procedure Law by Administrative Courts

Abstract

Civil Law, Code Law, and the Romano Germanic Law are legal systems which must be clearly inscribed in writing. Relatively, the court's decision can only serve as a guideline or norm, and under no circumstances should it play the same role as the law. One of the drawbacks of the legal system such as this particular one is the problem of ‘applicability’. This is predominantly true when there is a need for applying an existing law to novel facts in various situations. For an example, in a circumstance where a ‘right’ must be determined for those who want to file a lawsuit, whether it is for criminal or a civil case, through a court of justice or an administrative court, these ‘rights’ may be viewed and interpreted differently in different court of law. Therefore, when the interpretation is not fixed, rights certification of different plaintiffs and claimants are varied by cases, and may be treated unequally and unfairly.