Révolution, Rechtsstaat and the Rule of Law: historical reflections on the emergence and development of administrative law

The historical origins and evolution of administrative law continues to be a controversial issue. While some scholars identify a strong continuity between pre-modern and contemporary reality, other interpretation emphasize a fundamental rift in the eighteen century: with the displacement of the Ancien Règime by the French Revolution, jurist for the first time defined a conception of 'administrative law', distinguishing administrative bodies, functions and duties from those of the judiciary. This chapter pursues the second interpretation.