Fritz Werner’s “Administrative Law as Concrete Constitutional Law” : Its Content and Contemporary Implications

The purpose of this study is to analyze “Administrative Law as a Concrete Constitution,” the keynote address delivered by Fritz Werner, former President of the German Federal Administrative Court, at the 1959 German Lawyers’ Conference, and to explore its implications for the development of Korean administrative law. To this end, the paper examines Werner’s life and the VVN-BdA prohibition petition case that he adjudicated as court president, provides a concise Korean summary of his essay, and seeks to draw meaningful insights for contemporary Korean administrative law more than six decades later. The main points can be summarized as follows: First, ensuring legal stability and public trust. Today’s administrative law in Korea must be grounded in a deeper understanding of the Constitution and its underlying principles, thereby cultivating long-term trust among citizens. Second, securing constitutional legitimacy. Administrative law must move beyond its technical function as an instrument of execution and strengthen its justification and identity by drawing more directly from the Constitution. Third, reinforcing traditional functions while responding to modern state demands. In addition to firmly upholding its classical tasks of safeguarding citizens’ life, safety, and public order, administrative law should provide advanced legal frameworks to address emerging social demands such as artificial intelligence, data governance, education, culture, and welfare. Fourth, realizing the common good. Administrative institutions, legislative actions, and judicial decisions should aim to overcome conflicts between metropolitan and non-metropolitan regions, generations, and social groups by protecting fundamental rights and thereby achieving the common good. Fifth, serving as the central axis in times of crisis. When national security is threatened by climate change, demographic decline, ideological polarization, disasters, pandemics, wars, or global economic conflicts, administrative law must function as the core mechanism sustaining state governance. Sixth, ‘a good constitution is the foundation of good administrative law.’ Since administrative law reflects the constitutional order of its time, a sound administrative law presupposes a sound and forward-looking constitution. Accordingly, public law scholarship should work collaboratively, in an integrative spirit, toward creating and realizing a ‘good constitution’ for the future.