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1
Boughey, Janina. "ADMINISTRATIVE LAW: THE NEXT FRONTIER FOR COMPARATIVE LAW." International and Comparative Law Quarterly 62, no. 1 (January 2013): 55–95. http://dx.doi.org/10.1017/s0020589312000553.
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AbstractIt is trite to observe that the past three decades have seen an ‘explosion’ in comparative law. Equally well-worn territory is the fact that constitutional law has been a particular beneficiary of the comparative trend, despite the fact that for much of the twentieth century comparative lawyers tended to avoid public law topics. However, one field of law that has been conspicuously absent from the boom in comparison, at least outside of Europe, is administrative law. This article analyses why the use of comparison has been so vastly different between the two areas of public law. It then surveys some recent developments in administrative law and points to a number of aspects of the field that would benefit from the wider use of comparative methods across the world.
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Donnelly, Catherine. "Administrative Law and Multi-Level Administration: An EU and US Comparison." Cambridge Yearbook of European Legal Studies 11 (2009): 211–46. http://dx.doi.org/10.1017/s1528887000001592.
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Abstract The aim of this chapter is to assess what, if anything, administrative law can demonstrate about multi-level administration in the European Union and the United States. The particular focus of the examination is not on the content of administrative law in each legal order, but rather on the impact of EU and US federal administrative law on the Member States and US States respectively. It will be seen that, while US federal administrative law has primarily only influential effect on US States, EU administrative law is often binding on Member States. This observation challenges presumptions often made, particularly in political science, as to the degrees of inter-penetration in administration in the EU and the US. It will be argued that the cause of divergence is largely derived from differing judicial attitudes as to the fundamental tenets of the co-operation between the different levels of administration, and indeed, more general understandings of federalism in the two jurisdictions. In this way, this study also provides a useful prism through which to consider integration in the EU and US more broadly.
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Donnelly, Catherine. "Administrative Law and Multi-Level Administration: An EU and US Comparison." Cambridge Yearbook of European Legal Studies 11 (2009): 211–46. http://dx.doi.org/10.5235/152888712802730639.
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AbstractThe aim of this chapter is to assess what, if anything, administrative law can demonstrate about multi-level administration in the European Union and the United States. The particular focus of the examination is not on the content of administrative law in each legal order, but rather on the impact of EU and US federal administrative law on the Member States and US States respectively. It will be seen that, while US federal administrative law has primarily only influential effect on US States, EU administrative law is often binding on Member States. This observation challenges presumptions often made, particularly in political science, as to the degrees of inter-penetration in administration in the EU and the US. It will be argued that the cause of divergence is largely derived from differing judicial attitudes as to the fundamental tenets of the co-operation between the different levels of administration, and indeed, more general understandings of federalism in the two jurisdictions. In this way, this study also provides a useful prism through which to consider integration in the EU and US more broadly.
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Khandanian, Rafik. "PROBLEMS OF THE DEVELOPMENT OF ADMINISTRATIVE LAW AND ADMINISTRATIVE AND LEGAL DOCTRINE IN THE REPUBLIC OF ARMENIA (CONCEPT AND SUBJECT MATTER OF ADMINISTRATIVE LAW, ADMINISTRATIVE LAW WITHIN THE SYSTEM OF PUBLIC LAW, THE SYSTEM AND SCIENCE OF ADMINISTRAT." Administrative law and process, no. 2(25) (2019): 43–66. http://dx.doi.org/10.17721/2227-796x.2019.2.04.
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The author of this study has studied in details the problems of the formation and development of administrative law, administrative and procedure law, administration and administrative doctrine in the Republic of Armenia (Khandanian, 2019). The relevance of the research. The integrated institution of systemic protection of individual rights and freedoms became a part of administrative and legal regulation’s mechanism in the areas of administration and administrative procedure after the amendments to the Constitution of the Republic of Armenia (December 6, 2015), which established the legal protection of individual rights and freedoms as a priority (the Art. 3 and Chapter 2 of the Constitution of the Republic of Armenia). The national science of administrative law at present time, is undergoing a rethinking, updating and replenishment of the conceptual apparatus. This process is associated with changes in the economic and legal systems of the Armenian society. The tasks related to the formation of the civil society and legal state in Armenia make it necessary to take a fresh look at many administrative and legal concepts that have become customary with regard to their compliance with the modern stage of development of administrative law and the science of administrative law of the Republic of Armenia. The theory of administrative law, which has the status of fundamental science in the system of national jurisprudence, faces complex challenges – revising and rethinking the scope of such fundamental concepts as legal personality issues in administrative law, as well as the concepts and content of administration, administrative and legal acts, the purpose and objectives of administrative procedure, etc. Objective of the research. The objective of the research is to develop the basic provisions of the scientific concept of modern administrative law and procedure corresponding to what happened in Armenian society. Besides, the present study is aimed at a comprehensive, interrelated study of theoretical problems of administrative law and procedure in the context of the reforms carried out in our country, the transfer of legal theory and practice into a qualitatively new status. Research method. The methodological basis of the research consists of the provisions of modern scientific methodology, the latest tools and methods of the theory of administrative law and other branches of law. While working on the topic the author has focused on the results of the research of national and international theorists and practitioners working in the areas of public administration and administrative procedure. The systematic approach to the problems of administrative law made it possible to conduct a thorough analysis of the attributes of administrative law and procedure. The author of the work has also used the methods of scientific cognition, logical methods of analysis, synthesis, generalization, comparison, abstraction. According to the author of the research, the analysis of any state and legal problem, including the problem of administrative law and procedure, should be carried out on the basis of the concept of the rule of law state. The main results of the research. The implementation of the norms of administrative law in the modern period of the development of the Armenian society is one of the most urgent tasks of the state and legal activity. Administrative and legal norms are of paramount importance for the entire society in the and for each citizen of the Republic of Armenia in particular, through the regulatory acts of its agencies related to ensuring the rights and legitimate interests of citizens and economic entities in the field of public administration. The norms of administrative law play an important role in the regulation, organization and functioning of the state apparatus, ensuring the proper and timely definition of positive relations in the field of public administration through administrative procedures and regulations. In this regard, the author focuses on the key issues of political and legal modernization and improvement of administrative law and procedure of the Republic of Armenia. In particular, the author has revealed the content and characteristics of the subject matter of administrative law of the Republic of Armenia, the place of administrative law in the system of public law, the system and science of administrative law. As a result of the work, carried out in accordance with the objective of the research, the author has come to certain results and conclusions that probably reflect the main tendencies in the development of administrative law and procedure of the Republic of Armenia and, in our opinion, will contribute to enrichment of the conceptual apparatus of the science of administrative law and procedure. The improvement and amendments of Armenian legislation, the socio-economic and political reforms carried out in the Republic of Armenia, and the transformation of administrative apparatus have a significant influence on the science of administrative law. According to the author of the research, it is almost impossible to find a sphere of public relations that would not be left without administrative and legal influence. The author of the research has also paid attention to the problems of administrative procedure, administration, legality, administrative justice, correlation of administrative law, procedure, administration and the relevance of the problems of law-enforcement practice. The research that we have carried out suggests that separation from the absolutization of the regulatory approach to administrative law prevailing in the Soviet legal science, diversity of opinions is in legal thinking and integration of legal sciences, the subject of which includes administrative law and procedure as objects of the research, in predetermining changes in the subject matter’s content, system and structure of administrative law and procedure. The systematic approach to study basic institutions of administrative law deepens our understanding of the social nature of administrative law and procedure, allows for a deeper study of individual institutions and categories of administrative target-oriented development of a civilized society. Due to changes occurring in the country, the system and structure of administrative law and procedure, as well as formal sources of administrative law (for example, judicial and administrative precedent) also change. The author of the research has highlighted the importance of creating an adequate philosophical, legal and ideological paradigm of the development of administrative legal awareness and worldview, ensuring legal stabilization of Armenian society in the context of modernization of the political system of the Republic of Armenia and declared reform, based on key principles of modern democratic law, respect and protection of human rights and freedoms. Conclusions. The following conclusion, formed in the work, is that the doctrinal understanding of administrative jurisprudence is, to say the least, inconsistent; this is the main problem of the theory of administrative law, which, in the author’s opinion, can be removed by reforming legislation (for example, with the adoption of the new Code on Administrative Offenses, etc.). According to the author, it can be stated that the importance of administrative and administrative procedural legislation, as well as the norms of administrative law in general, attracted and attracts the attention of scholars and practitioners. Considering the current tendency in the development of legal science, it can be argued that the science of administrative law will continue to develop intensively and perspectively in the future.
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Nolte, Georg. "General Principles of German and European Administrative Law - A Comparison in Historical Perspective." Modern Law Review 57, no. 2 (March 1994): 191–212. http://dx.doi.org/10.1111/j.1468-2230.1994.tb01932.x.
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KUO, MING-SUNG. "On the constitutional question in global governance: Global administrative law and the conflicts-law approach in comparison." Global Constitutionalism 2, no. 3 (September 17, 2013): 437–68. http://dx.doi.org/10.1017/s204538171300004x.
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AbstractThe question of constitutionalization cuts through the heart of theoretical debate on the fragmentation of global governance. This paper aims to contribute to this debate through a comparison of global administrative law (GAL) and the conflicts-law approach. While the conflicts-law approach espouses the move towards global constitutionalism, GAL disavows constitutional ambition. I make a twofold argument. First, the differing diagnoses these two approaches make of global governance lead to their distinct proposed solutions. GAL identifies the lack of accountability as the underlying concern of global governance and responds to fragmented global governance through balancing-centred legal management. The conflicts-law approach instead attributes the challenges facing global governance to the ill-designed democratic institutions in nation states and turns to ‘democratic juridification’ as the solution. Second, GAL and the conflicts-law approach reflect two distinct images of constitutionalism. GAL’s ‘constitutional deficit’ suggests its implicit embrace of a version of constitutionalism rooted in the tradition of populist democracy. The conflicts-law approach situates transnational democracy in the conflicts-law process in which inter-regime conflicts are resolved, suggesting a prototype of constitutionalized global governance underpinned by an epistemic understanding of democracy.
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Birmingham, Peg. "Hannah Arendt’s Philosophy of Law Approach to International Criminal Law." International Criminal Law Review 14, no. 4-5 (July 31, 2014): 695–716. http://dx.doi.org/10.1163/15718123-01405001.
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My argument in this article is that Hannah Arendt has a coherent and well-developed, although not systematic, philosophy of law which she brings to the Eichmann trial specifically and to international criminal law generally. In Part One of the article, I lay out Arendt’s philosophy of law, focusing on her account of the difference between the Greek and Roman conceptions of the law, the status of the consensus iuris, and the status of legal principles. Part Two offers a comparison of Arendt’s and Dworkin’s legal and political principles that animate the law. Part Three takes up Arendt’s approach to international criminal law through an analysis of her report of the Eichmann trial, specifically her account of the unprecedented nature of crimes against humanity, the new type of criminal who commits administrative massacres, and the difference between the criminal and the political trial at the international level.
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Petrykina, N. I. "To the Question about the Ratio of Norms of Administrative and Financial Law." MGIMO Review of International Relations, no. 3(30) (June 28, 2013): 110–14. http://dx.doi.org/10.24833/2071-8160-2013-3-30-110-114.
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Article is devoted to the comparative analysis of norms of the administrative and financial law on the basis of comparison of a subject and a method of the administrative and financial law and other characteristics.
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Schloer, Bernhard, and Kateryna Kravchenko. "MINORS AS SUBJECTS OF LAW: COMPARISON OF THE LEGAL REGULATION IN GERMANY AND UKRAINE (PART 2)." Administrative law and process, no. 3 (30) (2020): 40–52. http://dx.doi.org/10.17721/2227-796x.2020.3.04.
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This article is devoted to the minors as a subject of law. The aim of the article is a comparative analysis of minors in different areas of law as well as age limits. The article focuses on Criminal Law, Administrative Law, Labour Law, Social Law, and Procedure Law. The article is based on a method of comparative analysis of German and Ukrainian domestic law. The results of the article are following. First, a criminal responsibility of minors in both German Law and Ukrainian Law is analyzed. The question of the age of the criminal majority remains one of the most controversial issues in the field of criminal law for minors. In Germany, the age of the criminal responsibility is fourteen years, while in Ukraine the age of the criminal responsibility is sixteen years. The provisions of Ukrainian Criminal Code on criminal responsibility of minors are outdated today. Those provisions should be changed. The same changes should be made in Administrative law of Ukraine concerning the minimum age limit of administrative responsibility. Second, the comparative analysis of Social law provisions concerning minors allowance in Germany and Ukraine shows considerable differences of the level of State security. Germany has generous systems of social welfare and offers a variety of allowances and benefits for minors. One of the most well-known of these is Kindergeld (also called a Child Benefit). This is an allowance from the German government to help defray some of the cost of raising children. It can run from €219 to €250 per child per month. While Ukraine offers only a lump sum birth payment in an amount of €1234. It is also one of the most complicated issues. Conclusions based on the results of comparative analysis. The authors suggest that the age limit in the area of criminal as well as administrative law of Ukraine should be reduced.
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della Cananea, Giacinto, and Mauro Bussani. "The ‘Common Core’ of administrative laws in Europe: A framework for analysis." Maastricht Journal of European and Comparative Law 26, no. 2 (April 2019): 217–50. http://dx.doi.org/10.1177/1023263x19827817.
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This essay presents the framework for new comparative research in the field of administrative law, with a focus on the European legal area. It is divided into two parts. In Part I, we argue that some difficulties that beset the traditional uses of the comparative method are even more evident when considering the field of administrative law. Accordingly, a methodological shift is needed in more than one sense. First, instead of focusing on either similarities or differences between national legal systems, both analogies and differences must be considered. Second, legal comparison, properly intended, differs from a mere juxtaposition of national administrative laws. Third, the overemphasis on legislation is even less justified in the field of administrative law, which calls for careful attention to judicial and institutional practices. In this perspective, we briefly illustrate the methodology grounded in a factual approach that has been developed in the field of comparative private law in the last few decades and the way we are going to apply it into our research on administrative law, viewed through a procedural lens. In Part II we discuss the main pillars that characterize our research concerning administrative law: first, its goal, which is the advancement of knowledge; second, the choice to focus on administrative procedure, instead of judicial review of administrative action; third, the methodology, which combines a synchronic comparison, concerning modern legal systems, with a diachronic comparison, that is to say a retrospective on some aspects of the history of legal institutions that look particularly relevant; and fourth, the choice of the legal systems selected for comparison, including a variety of states and a non-state, the European Union.
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Dalimunthe, Fadli Zaini. "THE COMPARISON OF EVIDENCE IN STATE ADMINISTRATIVE COURT BETWEEN INDONESIA AND SOUTH KOREA." Jurnal Hukum dan Peradilan 9, no. 2 (September 17, 2020): 232. http://dx.doi.org/10.25216/jhp.9.2.2020.232-254.
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The judiciary under the supreme court consists of general courts, religious courts, military courts, and state administrative courts. In each procedural law court, the provisions concerning evidence are regulated. Evidence is the stage where the parties try to convince the panel of judges about the truth of the arguments put forward in a dispute based on valid evidence. Evidence has an important role because the results of evidence can be the basis for consideration by the panel of judges in making a decision. Evidence in the procedural law of the state administrative court is not only carried out in the Indonesian state administrative court but also in the South Korean Administrative Court. The historical development and organizational structure of the South Korean Administrative Court are the basis for analyzing the Evidence in the South Korean Administrative Court. Lessons from the South Korean Administrative Court can see the similarities and differences in the concept of evidence and type of evidence used in the South Korean Administrative Court with the Indonesian State Administrative Court. The approach used in this study is the statutory approach, comparative approach, and conceptual approach.
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McLean, Janet. "Peter Cane, Controlling Administrative Power: A Historical Comparison, Cambridge: Cambridge University Press, 2016, 608 pp, hb £59.99." Modern Law Review 81, no. 6 (November 2018): 1083–85. http://dx.doi.org/10.1111/1468-2230.12371.
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Alanzi, Awad Ali. "Tendering in Assignment of the Administrative Contract: A Comparison of Egyptian Tender Law and Saudi Government Tenders and Procurement Law." Hasanuddin Law Review 7, no. 2 (July 5, 2021): 105. http://dx.doi.org/10.20956/halrev.v7i2.2977.
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Administrative contracts are conducted to meet government agencies' requirements in terms of procurement, which is done by tendering. The government infrastructure demand and day-to-day other needs are contracted with vendors, who render their services by applying the announced tender. Hence, the legal framework related to tendering is very important, which protects the legal rights of tender authority and vendors. This present research aims to explore the tendering law in Saudi Arabia and Egypt, having a close legal framework regarding tendering. Egypt is carrying the tender law of 1998, which is updated in 2018 recently. Moreover, tendering in Saudi Arabia depends on the Government Tenders and Procurement Law (GTPL) of 2019, which is updated from the previous version of GTPL 2006. The research explores the basic structure of the procurement system and tendering in both systems, including the discussions on procurement agency, tendering methods, basic tendering regulations, public-private partnership, transparency issue, and tendering with foreigners' bidders. Also, the recent improvements in both tendering systems are discussed. The research traces many similarities and differences in both tendering systems and suggests taking help from each other's experiences.
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Sobol, Yevhen. "COMMUNAL PROPERTY MANAGEMENT AS A PREREQUISITE FOR PUBLIC LAW DISPUTES." Scientific Notes Series Law 1, no. 9 (2020): 84–88. http://dx.doi.org/10.36550/2522-9230-2020-1-9-84-88.
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Decentralization of power in Ukraine that was launched in early 2015 has extended the powers of local governments in the communal property management. Communal property management is a multi-faceted process of a public-law nature aimed at meeting the needs of the residents of the community, and may therefore be a prerequisite for the public-law dispute considered in the administrative court. Thus, there is a need to explore this category through the prism of its public law (administrative law) character. In view of this, the goal of this article is to characterize communal property management as an administrative law category. To achieve the goal, several methods have been applied: analysis and synthesis (for definition of concepts and their characteristics investigated in this article), comparison (for comparing different views of researcherson certain legal phenomena), dialectical method (for research of management of communal property as a legal phenomenon formed by various factors). The article defines the concept of communal property management as a prerequisite for the public-legal disputes as well as its features and forms, provides their classification, and specifies the difference between public legal and private legal aspects of the phenomenon under research. The paper proves that the communal property management is an administrative-legal category which has a private-legal aspect that can be distinguished by applying both doctrinal approaches and normative regulation.
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Levchenko, Svitlana, and Kateryna Holovko. "TRADITIONS AND INNOVATIONS OF THE CONCEPT OF ADMINISTRATIVE LAW UNDER REFORM." Baltic Journal of Economic Studies 5, no. 4 (October 29, 2019): 130. http://dx.doi.org/10.30525/2256-0742/2019-5-4-130-136.
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The article is devoted to the study of the essence and content of individual transformation processes in the field of administrative law of Ukraine under the conditions of administrative and legal reform. Attention focuses on the issue of a detailed assessment of the nature of public relations, which are included in the sphere of legal regulation of the field of administrative law. The author concludes that a qualitative and substantial update of the theoretical and methodological basis should be an integral part of administrative and legal reform. The importance of the process of updating the categorical framework, the introduction into the legal circulation of new categories, capable of creating a more solid scientific basis of administrative law, is proved. The positions of leading Ukrainian scholars in the field of administrative law on the essence of the category “public administration” are analysed and the reasons for the dualism of approaches to its definition in the Ukrainian administrative and legal doctrine are revealed. Attention is paid to the basic factors of the shift of the idea of the priority of the rule of law towards the specific relationship between public administration bodies and individuals. The subject matter of the study is the traditions and innovations of the concept of administrative law of Ukraine in terms of reform. The purpose is to study the nature and content of transformational changes in the administrative law of Ukraine at the present stage. The methodological basis of the study was the set of methods and techniques of scientific knowledge. The methodological construction is based on a systematic analysis that defined its directions. The systematic approach in some issues was supplemented by an axiological (ideological) approach. Empirical methods such as observation, description, comparison, and inductive generalization were used to identify trends in the reform of the administrative law of Ukraine. The logical and semantic method was used for formulation and in-depth study of the conceptual framework. The dialectical method of cognition made it possible to investigate the problems associated with the definition of the concept of “public administration” in Ukrainian administrative and legal doctrine. Application of methods of modelling, analysis, synthesis, generalization, and analogy allowed formulating the conclusions of the study. The conclusions of this study are that the author has established that an integral part of the administrative and legal reform of Ukraine should be a qualitative and substantial updating of the categorical and terminological framework of the field of administrative law and, above all, the basic category of “public administration”. At the same time, in the context of Ukraine’s development as a democratic and legal state, all reform initiatives must be systematic and consistent. Special attention also needs to be paid to scientific and analytical monitoring of the state of introduced changes and consequences of the implemented administrative reform measures, which will allow expeditiously identifying and correcting possible mistakes, as well as making recommendations on further prospects of the development of the administrative and legal sector. Practical implications. The results of the study will help to better understand the basic aspects of the new concept of administrative law and can be used in the research field for a further in-depth study of the issue of transformational changes in the administrative and legal field.
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Хлопаева, Наталья, and Natalya Khlopaeva. "Subject of Law: Sociologist’s Opinion." Journal of Russian Law 3, no. 5 (April 29, 2015): 0. http://dx.doi.org/10.12737/10718.
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This article reviews the behavioral aspect of law as one of core factors of laws’ efficiency. In order to overcome gaps between law-making, legal consciousness and law enforcement, the author suggests investigating motives of the subject’s choice of this or that strategy for its legal status’ enforcement. On the basis of general scientific cognitive methods such as comparison method, historical method, analysis and synthesis methods, the author offers her own model typology through which the subject of law enforces its status. Factors of efficient enforcement of a government employee’s status are considered in the context of the administrative reform, as well as the global tendency to transition to the concept of a service-oriented state. The author identifies ways of overcoming restrictions in the process of assimilation of management concepts and technologies from business into the state management sphere. The author suggests expanding the list of government employees’ performance indicators through the inclusion of qualitative criteria, as well as through implementation of relevant educational programs.
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Katarzyna, Ewa, and Marta Pietrzyk. "Interpretation of Administrative Legal Norms Demonstrating Strong Relations with Civil Law Which Aim Environmental Protection." Studies in Logic, Grammar and Rhetoric 32, no. 1 (May 1, 2013): 111–21. http://dx.doi.org/10.2478/slgr-2013-0007.
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Abstract The penetration process of structures traditionally assigned to civil law into administrative law, especially administrative law aiming environmental protection, has been more noticeable through recent years. This process resulted in deepening the absence of a clear separation of private law norms from public law norms. It led to the existence of so-called quasi civil solutions, which can be found for example in the Act on prevention from damages in environment and its repair. Their specificity consists in the fact that they cannot be regarded as civil law structures due to the differences between them and the civil law structures. This legal status sets new challenges for legal theorists as well as practition- ers. They concentrate on interpretation of administrative law provisions which were penetrated by civil law structures, taking into account differences between interpretation of administrative and civil law provisions. We should not reject specific character of the civil law provisions’ interpretation and interpret these provisions only by taking into account specificity of administrative law inter- pretation. Civil law institutions are characterized by a larger field for action, which is left for parties or performers, in comparison to the institutions of ad- ministrative law. This specificity of civil law structures should be considered as its advantage that should not be removed in the activities of public authorities.
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Araral, Eduardo, and Shivani Ratra. "Water governance in India and China: comparison of water law, policy and administration." Water Policy 18, S1 (October 17, 2016): 14–31. http://dx.doi.org/10.2166/wp.2016.102.
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We compare water governance between China and India in terms of water laws, policies and administration based on a survey of 182 water experts from 19 provinces/states. We find that water governance in China is consistently stronger compared with India across 17 indicators of water governance. We speculate that these variations could be attributed to differences in political, legal and administrative systems as well as levels of economic development and political system.
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Jusic, Asim. "Kuwait’s Administrative Risk-based Model for the Prevention of Money Laundering: Costs and Benefits of Compliance with the Financial Action Task Force (fatf) Standards." Arab Law Quarterly 31, no. 2 (June 14, 2017): 101–33. http://dx.doi.org/10.1163/15730255-31020005.
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During the period from 2013-2015, Kuwait adopted the new administrative risk-based anti-money laundering and combating the financing of terrorism (aml/cft) regulatory framework. This article analyses the costs and benefits of the compliance of the new framework with the fatf’s standards, focusing on the structural changes: (1) a move from a hybrid-prosecutorial to a fully-fledged administrative model of financial intelligence unit; (2) adoption of the risk-based approach to the prevention of money laundering and terrorist financing (ml/tf); and (3) the increase in reporting obligations and preventive measures. The main argument advanced in the article is that while the new framework is highly compliant with fatf standards and will maintain the already low level of ml/tf in Kuwait, in comparison with the pre-2013 anti-money laundering regulations, the costs of compliance for reporting parties and clients are higher, and outweigh the benefits. The article suggests how to respond to this and other challenges.
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Kovač, Polonca. "Modernizing Administrative Procedural Law in Slovenia as a Driving Force of Efficient and Good Administration." NISPAcee Journal of Public Administration and Policy 4, no. 2 (December 1, 2011): 39–66. http://dx.doi.org/10.2478/v10110-011-0004-6.
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Abstract The article presents the current organization and the past and potential development of administrative procedural law - particularly the General Administrative Procedure Act - in Slovenia from its independence in 1991 till 2011. The author critically evaluates the regulation of general and special administrative procedures in Slovenia in light of the insufficient overcoming of traditional patterns. Namely the regulation in place overprotects the rights of parties and rather neglects the efficiency of administrative procedures as a whole. The evaluations are supported by the development of the theory of governance, radical changes in society and the need for a shift in the understanding of state / authority in the system in Slovenia and other countries (e.g. Finland, Croatia or the USA). The Slovenian system is firstly analyzed using the historical method and later on, it is assessed in terms of the efficiency of administrative procedures as regulated and run in administrative and judicial practice by means of a SWOT analysis. Additionally, particular emphasis is put on the comparative analysis of the Slovenian system to internationally recognized principles in administrative matters, deriving from the experience of the ECHR, the EU Ombudsman code and EU member states, and theory. The main finding is that in comparison, the standardization of parties’ rights far exceeds basic rights of defense as framed in constitutional terms which in several ways diminishes the overall efficiency of administration. The author therefore proposes the basis for a multilevel model of governing administrative relations de lege ferenda, intended to regulate in more detail the procedural status of the parties on one side and simultaneously the pursuit of public interest on the other. Based on the latest scientific findings, the criteria for differentiation include: relevance of the subject, degree of conflictuality of interests, need for rationality and efficiency of administration, and the position of the authoritative body. The objective is to move administrative procedural law from the margins of modernization of the public administration as found in the development of the Slovenian system in the last two decades and to make it its driving force, instead.
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Drobny, Wojciech. "The Civil Service Law System in Poland – Selected Issues." Public Governance, Administration and Finances Law Review 3, no. 1 (June 30, 2018): 16–25. http://dx.doi.org/10.53116/pgaflr.2018.1.2.
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The article refers to the topic of civil service law in Poland. It describes the organization of civil service system in comparison to other international solutions and it gives the historical background of how it has been evolving so far. Particularly it refers to the elements of its regime, the position and duties of the Polish Head of the Civil Service and rights and duties of the civil service corpus’ members. The author claims that the changes taking place in the area of this part of law are due to the domination of private law (labor law) over public law (administrative law). This tendency currently prevails in the western legislation.
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Ruskowski, E. "Financial law enforcement acts in Poland." Law Enforcement Review 2, no. 3 (December 25, 2018): 19–28. http://dx.doi.org/10.24147/2542-1514.2018.2(3).19-28.
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The subject. The paper is devoted to the classification of financial law enforcement acts issued in Poland.The purpose of the paper is a typological analysis of the financial law enforcement acts in Poland depending on the subjects who issues such acts.The methodology. General scientific methods as analysis, synthesis, induction, deduction, comparison were used. The system method made it possible to regularize a set of financial law enforcement acts, taking into account the subjects of law enforcement in Poland. The functional approach made it possible to identify the types of financial law enforcement acts, depending on their role in the system of law enforcement in Poland.The main results and scope of their application. The definition of the financial law enforcement act is proposed. Classification of subjects of financial law enforcement in Poland is carried out, their powers are covered and characteristics of the individual legal acts issued by them are al-located. The proposed qualitative analysis of law enforcement acts adopted in Poland may be-come a starting point for research in the field of financial law theory and comparative law.Conclusions. A financial law enforcement act is an act issued on the basis of the current rules of financial law by the authorized bodies, establishing or determining – in respect of an individual addressee – the rights and (or) obligations in a particular case in the field of public finance, or preparing their establishment or determination.The subjects applying the norms of financial law, can be divided into: bodies of financial ad-ministration, the courts (primarily administrative courts) and quasi-judicial bodies (e.g. the Commission, considering cases of violation of discipline of public finance). The first group of bodies issues decisions and orders (financial and legal acts), the bodies of the second group issue court decisions and court orders, the bodies of the third group issue decisions.The role of administrative courts in the financial law enforcement is significant. Significant number of financial cases, particularly concerning individual interpretations, in the total number of cases considered by such courts is an evidence.
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Korotkov, D. B., and T. V. Shershen. "Substantive and Procedural Representation: Civil Law and Family Law Aspects." Вестник Пермского университета. Юридические науки, no. 50 (2020): 738–61. http://dx.doi.org/10.17072/1995-4190-2020-50-738-761.
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Introduction: representation as a civil law relationship has long been an area of particular research interest, which can be explained by its special significance as one of the guarantors of the subject's right to free participation in civil circulation. At the same time, there have developed certain stereotypes in scientific research concerning the legal relationship of representation, the doctrine lacks a holistic approach to the study of representation as a relationship under civil law, which indicates the necessity of developing such an approach. Taking into consideration the dynamic development of procedural legislation, the legal relationship of representation is also undergoing changes, especially in relation to civil and family law relations. Purpose: to develop a holistic view on the current civil and family law regulation of substantive and procedural representation taking into account new changes in Russian procedural legislation. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic, comparative legal, method of interpretation of legal norms. Results: the study showed that representation should be considered as an organizational and informational relationship regulated by civil law within the framework of which the representative exercises the authority received from the represented person to perform on behalf of this person in relation to third parties legal actions and closely related to them factual actions entailing the emergence, change or termination of the rights and obligations of the person represented. Accordingly, a stable closed set of legal rules regulating this social relationship is called the institution of representation. Conclusions: representation as a legal relationship can be classified by types and forms: types are distinguished according to the branch affiliation (substantive or procedural law), while forms are distinguished according to the grounds for the emergence of the representative authority (representation by virtue of law, including based on an administrative act; contractual representation; representation from the situation). The legal relationship of representation is different from similar legal relationships (commission legal relationship, agency service, legal participation, activities of a signer’s assistant, activities of a mediator).
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Massadeh, Firas Abdel Mahdi, Moustafa Elmetwaly Kandeel, and Ali Abdel Mahdi Massadeh. "Trademark cancellation in terms of commercial and administrative law: a comparison of the UAE and Jordan." International Journal of Economics and Business Research 20, no. 3 (2020): 364. http://dx.doi.org/10.1504/ijebr.2020.110420.
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Poirier, Norma. "Comparison of CMA Joint Statement on Resuscitative Interventions and New Brunswick Hospital Corporations’ Policies on End-of-Life Treatments." Journal of Palliative Care 16, no. 1 (March 2000): 15–22. http://dx.doi.org/10.1177/082585970001600104.
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Why do most physicians have so much difficulty respecting the wishes of their terminally ill patients who refuse treatment? The normative pluralism model is introduced to answer this question. Comparative content analysis serves as the theoretical framework for evaluating the Canadian Medical Association Joint Statement on Resuscitative Interventions against the corresponding administrative policies of New Brunswick hospital corporations and relevant New Brunswick law. Despite protection afforded patients by law, fully 75% of New Brunswick hospital corporations’ administrative policies permit physicians to ignore patients’ expressed objection to treatments. The futility-of-treatment criteria in the CMA joint statement and in all provincial hospital corporations’ policies authorize physicians to substitute their judgment for patients’ expressed refusal of CPR. The author concludes that when medical professional norms conflict with the law, physicians tend to follow their professional normative order.
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Masalab, Anna F. "Self-regulatory organizations as legal entities of public law." Law Enforcement Review 3, no. 4 (January 16, 2020): 75–81. http://dx.doi.org/10.24147/2542-1514.2019.3(4).75-81.
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The subject. The legal status of self-regulatory organizations based on the principle of mandatory membership was chosen as the subject of the research.The purpose of the article is to study the features of subjects of administrative law, vested with public powers, and substantiate the possibility of attribution of self-regulatory organizations with mandatory membership to legal entities of public law.The methodological basis for the study: general scientific methods (analysis, synthesis, comparison, description) as well as formal-legal interpretation of legislation and judicial acts.Results, scope of application. Two types of subjects can take part in administrative relations, as a rule: subjects performing public functions and endowed with authority for their implementation, and subjects not endowed with appropriate powers and representing an exclusively private interest. At the same time, the first group of subjects includes not only public-territorial entities, state authorities, but also organizations performing publicly significant functions.The legal definition of a legal entity does not reflect all the features of the legal status of these subjects, that is why the author refers to the concept of a legal entity of public law. Legal entities of public law have a special nature, different from legal entities of private law, since they have the right to make decisions affecting an indefinite range of persons.Conclusions. The analysis of the features of the legal entity of public law allocated in the literature (special legal nature; special social quality; special interests and will; connection with the public power; special way of creation; public-legal character of responsibility) allowed to justify that self-regulatory organizations are the kind of legal entities of public law - organizations performing publicly significant functions.
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Perlingeiro, Ricardo. "The Right to Information from the Procedural Standpoint (Judicial and Non-Judicial)." A&C - Revista de Direito Administrativo & Constitucional 15, no. 61 (July 12, 2015): 43. http://dx.doi.org/10.21056/aec.v15i61.21.
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The author takes a general descriptive approach to the system of jurisdictional review of decisions concerning access to official information in Latin America, with the aim of enabling a future comparative administrative law study on information access in the People’s Republic of China. The first two topics are related to an overview of the right to information access in Latin America and the corresponding laws, with imprecise rules that lead to behavior by the administrative authorities that is subject to review of dubious effectiveness, so that the authorities are verging on a state of immunity incompatible with the Rule of Law. The third part is about the developments in Latin America up to the present day, jurisdictional review (judicial and non-judicial) of administrative decisions not only in terms of their formal legality but, above all, their substantive legality, i.e., a review of the content of the administrative decisions, including the discretionary administrative powers and margin of administrative appreciation. The fourth topic, the due process clause, influenced by the USA, is discussed in the context of Latin American information access law, in comparison with the Continental European tradition of administrative law. The fifth and final point concerns the models of jurisdictional review of decisions on information access within the sphere of the OAS (Organization of American States) and Latin American countries. Among other conclusions, the author states that the search for an effective information access system that does not necessarily depend on opting for a model already established in Brazil, Latin America, the USA or Europe; what is of fundamental importance is to provide the interested parties with access to a fair trial guaranteeing their right to information access except in cases in which secrecy is necessary and justified according to the international human rights criteria.
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Letunovskiy, Valentin V., and Aleksey A. Ageev. "Some Issues of the Implementation of “Regulatory Guillotine” Events." Administrative law and procedure 1 (January 21, 2021): 34–42. http://dx.doi.org/10.18572/2071-1166-2021-1-34-42.
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In the article, the authors bring forward proposals for solution of a number of conceptual issues of the modern administrative law based on an analysis of international law provisions, the applicable laws of the Russian Federation, legal acts that have been in effect earlier and files of the law enforcement practice in their comparison with the legal doctrine. In particular, the authors describe the correlation between control and supervision and possible ways of the establishment of the main legal support areas, the so-called “regulatory guillotine”.
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Beckman, Daniel. "Law, Mercy, and Reconciliation in the Achaemenid Empire." Journal of Ancient History 8, no. 2 (November 27, 2020): 127–51. http://dx.doi.org/10.1515/jah-2019-0034.
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AbstractThe kings of the Achaemenid Empire are known for employing a number of particularly gruesome punishments for those who were deemed guilty of rebellion. While it is certainly true that the Achaemenids punished rebels with utmost severity, it is also true that they were, at times, willing to forgive rebels, and even to rehabilitate them. In this paper, I investigate the mechanisms by which the Achaemenid kings were able to show mercy to rebels. By examining a number of relevant cases from a period of a century and a half, I argue that the decision to be merciful was based on the king’s familial or social relationship with the rebel, the rebel’s relative strength vis-à-vis the king, the geography of the revolt, and the presence of other external factors which might also restrict the king’s powers. By a comparison with royal inscriptions and texts found throughout the empire, I demonstrate the ways in which these reconciliations stood apart from, and even in contradiction to, administrative and ideological norms concerning law and justice within the Achaemenid Empire. Finally, by reviewing the traditions and attitudes towards justice and mercy among the Achaemenids' Near Eastern predecessors, I put this policy in historical context and show that it is a unique response to a problem faced by other ancient empires.
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Hamlin, Rebecca. "International Law and Administrative Insulation: A Comparison of Refugee Status Determination Regimes in the United States, Canada, and Australia." Law & Social Inquiry 37, no. 04 (2012): 933–68. http://dx.doi.org/10.1111/j.1747-4469.2012.01292.x.
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International law provides nations with a common definition of a refugee, yet the processes by which countries determine who should be granted refugee status look strikingly different, even across nations with many institutional, cultural, geographical, and political similarities. This article compares the refugee status determination regimes of three popular asylum seeker destinations—the United States, Canada, and Australia. Despite these nations' similar border control policies, asylum seekers crossing their borders access three very different systems. These differences have less to do with political debates over admission and border control policy than with the level of insulation the administrative decision-making agency enjoys from political interference and judicial review. Bureaucratic justice is conceptualized and organized differently in different states, and so states vary in how they draw the line between refugee and nonrefugee.
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Do Vale, Helder Ferreira. "Educational Reforms and Decentralization in Brazil, South Africa, South Korea and Spain." Lex localis - Journal of Local Self-Government 14, no. 3 (July 31, 2016): 591–612. http://dx.doi.org/10.4335/14.3.591-612(2016).
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The article assesses the education reforms in four countries: Brazil, South Africa, South Korea, and Spain. The main objective of the comparison is to identify the elements of the reforms that led to different educational performances. By taking South Korea as a model of successful education reform, the comparative analysis shows that the educational reforms in Brazil, South Africa, and Spain have set these countries aside from the path toward high-performing educational systems. In these countries, differently from South Korea, decentralizing education reforms have been dominated by conflict over the distribution of fiscal and administrative resources.
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Zakharova, S., E. Nazarkin, O. Shuranova, S. Khamizova, and E. Cherepanova. "The influence of socio-economic factors on the formation of administrative-tort and criminal policy of the government." E3S Web of Conferences 210 (2020): 17010. http://dx.doi.org/10.1051/e3sconf/202021017010.
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Poor forecasting of the results of improving administrative and criminal legislation in terms of criminalization / decriminalization of criminal acts, imperfection of the administrative-tort and criminal policy of the state leads to the assumption of unjustified criminalization of similar socially dangerous acts, the establishment of excessive administrative and criminal law prohibitions on the implementation of certain activities, as well as to incorrect decriminalization of previously established criminal law prohibitions. The study of the influence of socio-economic factors on the formation of the administrative-tort and criminal policy of the government, acting as interrelated parts of a single punitive-legal policy, is due to the need to identify the directions of its implementation, the result of which is a change in administrative and criminal legislation. The analysis of the current administrative and criminal legislation, the systematization of the theoretical provisions of the problems of criminalization / decriminalization of acts, comparison of the factors that act as their causes, made it possible to identify the grounds for the legislative changes, which include: the emergence of new types of socially dangerous human activities; unfavorable dynamics of certain types of human behavior dangerous to society, which were regulated in administrative legislation or were not considered at all as offenses; the need to strengthen the protection of constitutional rights and individual freedoms; mistakes of the earlier decriminalization of criminal acts.
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Pohler, Dionne, and Chris Riddell. "Multinationals’ Compliance with Employment Law: An Empirical Assessment Using Administrative Data from Ontario, 2004 to 2015." ILR Review 72, no. 3 (July 17, 2018): 606–35. http://dx.doi.org/10.1177/0019793918788837.
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This study contributes new evidence to the literature on multinational corporation (MNC) behavior by exploring three related questions: 1) Do MNCs comply with local employment laws in a developed country? 2) To the extent that compliance varies across MNCs, what factors are important in shaping compliance? 3) Is there a “foreignness” effect for MNCs operating in developed countries, and does this effect vary according to country-of-origin and/or union status? To investigate these questions, the authors compiled unique firm-level administrative data on MNC compliance with regulatory and quasi-regulatory employment practices during mass layoffs in Ontario, Canada. Adopting a research design that uses the behavior of Canadian MNCs as the comparison group, their key findings suggest that unions are a very robust predictor of compliance across all foreign MNCs and systematic country-of-origin effects on MNC compliance are present only in non-unionized workplaces.
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Piddubnyi, O. "ON THE LIMITS OF DISPOSITIVENESS IN THE CONCLUSION OF AN ADMINISTRATIVE CONTRACT IN COMPARISON WITH A CIVIL LAW CONTRACT." “International Humanitarian University Herald. Jurisprudence”, no. 43 (2020): 44–47. http://dx.doi.org/10.32841/2307-1745.2020.43.9.
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Fedin, I. G. "Conscientiousness in Private and Public Sectors of Russian Law." Russian Journal of Legal Studies 4, no. 4 (December 15, 2017): 68–75. http://dx.doi.org/10.17816/rjls18273.
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Article is devoted to the questions connected with ways and extent of introduction of category «conscientiousness» in all branches of the Russian system of the law. The relevance of a research consists that in a wide range of modern scientific works there are no researches which are in a complex considering category «conscientiousness» in private and public branches of Russian law. Besides, the need for development of this category for public branches is almost completely ignored that the author finds unreasonable and gives arguments in favor of need of development of the principle of conscientiousness for the public sphere of the Russian legislation. The purpose of article is the complex analysis of category «conscientiousness» for identification of the general signs of its manifestation in various segments of system of Russian law. Research problems, proceeding from the current legislation are: to disclose the general signs of category «conscientiousness» applicable both for branches private, and for branches of public law; to define what nature, in the context of division of system of the right on private and public, is the most inherent category «conscientiousness».At permission of the tasks set in work general scientific methods, such as analysis, synthesis, comparison, including comparison and private scientific methods from which it is necessary to distinguish system approach were used.The following conclusions became result of the conducted research: as well as in the private-law sphere, the category «conscientiousness» is widely presented at various institutes and designs of public branches of the right, including branches of tax, administrative, penal law, procedural branches; the legislator, irrespective of character of the relations regulated by it, uses uniform model of qualification of conscientious behavior; the category «conscientiousness» is all-legal and has more essential orientation to public regulation, following from which, and, gaining logical development, the principle of conscientiousness extends to private law.
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Forbath, William E. "The Long Life of Liberal America: Law and State-Building in the U.S. and England." Law and History Review 24, no. 1 (2006): 179–92. http://dx.doi.org/10.1017/s0738248000002303.
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Reports of the Strange Death of Liberal America are greatly exaggerated. James Henretta's essay of that title offers a shrewd and insightful portrait of Charles Evans Hughes. But the liberalism whose death Henretta reports did not die. And the “statist,” “centralization,” “economic planning,” and broad “social insurance” minded liberalism he reports as prevailing did not prevail. From a certain lofty altitude (and rueful attitude), all “big,” “modern” “welfare states” look the same. That is Henretta's viewpoint. His wonderfully suggestive comparative framework has as one of its premises that America and England proceeded along the administrative-and-welfare-state-building path at different paces but arrived at the same destination. For me, a comparison of the law and politics, processes and outcomes of twentieth-century state-building in the U.S. and England prompts different conclusions. There were conspicuous differences between the New Deal state that was fashioned in 1930s and '40s America and the welfare state England created in those decades. More interestingly, the ideology and institutional contours of this new American state were deeply influenced by that ambivalent (and lawyerly) brand of American liberalism Henretta rightly attributes to figures such as Hughes and Roscoe Pound—poised between “progressive” commitments to social reform, social provision, and administrative-state-building, on the one hand, and older, “classical” liberal commitments to limited (and decentralized, dual federalist) government and the primacy of courts and common law and traditional legal and constitutional niceties, on the other. My notion is that this “transitional” and “forgotten” liberalism and its champions won more important battles than they lost against their “statist” rivals. A “strange death,” indeed!
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Kowalski, Patryk. "Documentary and guarantee function of Polish administrative court’s dissenting opinions in direct tax cases." European Journal of Behavioral Sciences 2, no. 4 (September 3, 2020): 19–30. http://dx.doi.org/10.33422/ejbs.v2i4.300.
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This article presents the results of the examination dissenting opinions submitted by judges of Polish administrative courts in direct taxation cases in the years 2004–2018. The analysis covered the judgments of all sixteen administrative courts issued in the abovementioned period. These criteria led to the selection of research material covering a votum separatum from judgments on personal income tax, corporate income tax, inheritance tax, financial transaction tax, real estate tax. During the performed case studies using quantitative analysis it has been determined that, for example, dissenting opinions were very rarely submitted in comparison to the number of judgements issued by administrative courts. In the course of case studies using qualitative analysis it has been observed, that, for example, small number of votum separatum submitted from the rulings of the voivodship administrative courts regarding direct tax cases may indicate the predictability of the judicial process of applying tax law and, consequently, the implementation of the constitutional principle of legal certainty. It may indicate also the unambiguity of tax law and, consequently, the implementation of the constitutional principle of correct legislation (at least at the stage of first instance).
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Kondo, Tinashe. "A Comparison with Analysis of the SADC FIP before and after Its Amendment." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (September 4, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1676.
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Discourses on rights, duties and obligations predominantly take place within the context of constitutional, administrative and human rights law. In the last decade these debates have also begun to take place in international investment law, an "autonomous branch" of international law. The main debate centres on the adequacy and sustainability of investor-centred regulatory regimes which provide more rights than obligations to investors. The 2006 Southern African Development Community Finance and Investment Protocol (SADC FIP) was a typical example of such a regime. It offered antiquated protections which were characteristic of first generation Bilateral Investment Treaties (BITs). The result was that some countries, such as South Africa, opted not to conform to this binding instrument, which did not match their progressive vision of foreign investment. It is against this backdrop that the SADC FIP was recently amended. The amendment, balances the rights and obligations of investors and state parties to some degree, and moves towards sustainable foreign investment. However, this paper argues that more still needs to be done to modernise the document in line with more recent trends.
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Tylchyk, Olha, Yurii Riabchenko, and Oleksandr Popivniak. "MANAGEMENT (ADMINISTRATIVE) ACTIVITY OF THE CONTROLLING AUTHORITIES IN THE AREA OF TAXATION: ESSENCE AND TYPES." Baltic Journal of Economic Studies 4, no. 5 (February 11, 2019): 343. http://dx.doi.org/10.30525/2256-0742/2018-4-5-343-351.
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The innovation of conceptual provisions of the administrative law doctrine that are based on the priority of rights, freedoms, legitimate interests of an individual, service orientation of the public administration authorities’ performance affects the essence of the controlling authorities’ management (administrative) activity in the area of taxation and requires its fundamental upgrade. Drafting of theoretical provisions as to the essence and the types of the controlling authorities’ management (administrative) activity in the area of taxation should be based on a profound theoretical and legal analysis of the existing concepts and doctrines and their comparison with the current developments in the public administration authorities’ performance that carry out similar activities. In addition, it’s reasonable to highlight the issues of legal regulation of the relations with respect to the controlling authorities’ management (administrative) activity carried out in the area of taxation. The research objective is to substantiate the theoretical background of the controlling authorities’ management (administrative) activity in the area of taxation set out in the form of a list of the substantive characteristics of such activity, the provisions that reflect its peculiarities, as well as the systematization of the lines and types of such activity. The object of the research is the social relations of a public-law nature, related to the activities of the controlling authorities in the area of taxation. The contemporary concepts and doctrines developed by the scientists through critical thinking constitute the theoretical basis of the scientific analysis. This article explores the scientific papers related to the issues of public administration, administrative law, and administrative activity. System-based approach constitutes the methodology of the scientific analysis which made it possible to single out the elements of the administrative activity system, to reveal their content and to take into account their specific features when determining the nature of the controlling authorities’ management (administrative) activity in the area of taxation. The result of this research is the theory that reveals the current essence of the specified activity and its lines. This article places emphasis on the existence of public and service component of the specified activity.
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Popović, Dejan, and Gordana Ilić-Popov. "Neke metodološke dileme u uporednom poreskom pravu." Anali Pravnog fakulteta u Beogradu 69, no. 3 (September 24, 2021): 501–44. http://dx.doi.org/10.51204/anali_pfbu_21301a.
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Since for much of the 20th century the comparative law was developing as the comparative private law, with subsequent inclusion of constitutional, administrative and criminal law, comparisons of national tax systems were until recently marginal. The examination of the methods appropriate for the comparative tax law was especially neglected. Assuming that method in comparative law can be identified by techniques of comparisons, the authors considered dilemma whether the starting point for comparisons is praesumptio similitudinis or presumption of difference. Stemming from diversities of these assumptions, two methodological approaches in the comparative (tax) law have developed – functionalism (based on presumption of similarities) and cultural differences approach, from which critical approach subsequently emerged. Having analysed advantages and disadvantages of both approaches, the authors elaborated the basics of „cultural functionalism“, based on the inclusion of cultural context into the research of the ways how tax laws subject to comparison solve the given problems.
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Carson, Jennifer V., and Ashley P. Wellman. "Problem-Oriented Policing in Suburban Low-Income Housing: A Quasi-Experiment." Police Quarterly 21, no. 2 (December 6, 2017): 139–70. http://dx.doi.org/10.1177/1098611117744005.
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Informed by the literature on prior problem-oriented policing evaluations, this study evaluated a response within a suburban public housing unit. Specifically, we examined the Crime Response Team (CRT), a multifaceted intervention, in relation to disaggregated calls for service and reported crime. We utilized a quasi-experimental design combining interrupted time-series analysis (ARIMAX) and series hazard models in order to assess the intervention’s effect. A possible diffusion site and two pseudointervention sites were also included for comparison purposes. This investigation yielded largely negligible effects, which we primarily attributed to a mismatch between administrative-led initiatives and program execution.
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Prabowo, Guntur Aris. "Pengaturan Penyelesaian Sengketa Tata Usaha Negara Secara Elektronik." Jurist-Diction 4, no. 4 (July 1, 2021): 1399. http://dx.doi.org/10.20473/jd.v4i4.28454.
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AbstractThe title of this research is “Elektonic State Administration Dispute Settlement Arrangements” provides an explanation of the legal issues discussed by the author about 1) Comparison of procedural law ini State Administrative Courts which is carried out coventionally and electronically; and 2) Constraints to the application of Electronic Court in the State Administrative Court. Rapid technological advances make it easy for humans in all area, one of which is in the law. Legal breakthroughs carried out by the Supreme Court can be seen in the existence of Electronic Court. The State Administrative Court, which is an institution under the Supreme Court, implements electronic court. The State Administrative Court has a function to protect the public against government actions and policies.Keywords: The State Administrative Court; Electronic Court; Conventional Court.AbstrakPenelitian ini yang berjudul “Pengaturan Penyelesaian Sengketa Tata Usaha Negara Secara Elektronik” memberikan penjelasan pada rumusan masalah yang dibahas oleh penulis tentang 1) Perbandingan hukum acara di Peradilan Tata Usaha Negara yang dilakukan secara konvensional dengan elektronik; dan 2) Kendala penerapan Peradilan Elektronik di Peradilan Tata Usaha Negara. Kemajuan teknologi yang sangat pesat memberikan kemudahan bagi manusia di segala bidang, salah satunya adalah di bidang hukum. Terobosan hukum yang dilakukan oleh Mahkamah Agung dapat dilihat dengan adanya Peradilan Elektronik. Peradilan Tata Usaha Negara yang merupakan lembaga yang berada di bawah Mahkamah Agung menerapkan peradilan elektronik. Peradilan Tata Usaha Negara memiliki fungsi untuk melindungi masyarakat terhadap tindakan dan kebijakan pemerintah.Kata Kunci: Peradilan Tata Usaha Negara; Peradilan Elektronik; Peradilan Konvensional.
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Massadeh, Firas, Moustafa Elmetwaly Kandeel, and Ali Abdel Mahdi Massadeh. "Trademark Cancellation and the Impact on Investment in terms of Commercial and Administrative Law: A Comparison of the UAE and Jordan." International Journal of Economics and Business Research 1, no. 1 (2021): 1. http://dx.doi.org/10.1504/ijebr.2021.10029908.
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Snigerov, O. P., and S. O. Andrenko. "ABOUT CONCEPT DEFINITION OF FORENSIC SCIENCE IN ADMINISTRATIVE PROCEEDINGS." Theory and Practice of Forensic Science and Criminalistics 18 (December 26, 2018): 231–40. http://dx.doi.org/10.32353/khrife.2018.25.
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This article is devoted to research on specifics definition of Forensic science concept, a description of its essence and content in administrative proceedings. Authors emphasize that concept definition of forensic science in administrative proceedings and a description of its legal nature is of theoretical and practical importance, since correct solution of this issue determines the correct order establishment and limits of application of expertise in administrative process. The most well-known points of view of the wording of the term Forensic science are analyzed, which are included in encyclopedic editions, their comparison is carried out with presented in the existing normative legal acts and those supported by modern legal science. As a consequence of forensic science consideration as a legal institution, as a system of procedural relations and as a system of procedural actions, it was ascertained that these are all only various levels of this phenomenon concretization as a legal one. Attention is paid to the fact that forensic science does not exist outside the procedural "shell", outside the administrative procedural form it is impossible to obtain the expert's conclusion as a forensic evidence and any rule breaking while appointment or examination performing, or evaluation of the expert's conclusion devalues this conclusion significance regardless of its content. It is proved that first of forensic science in administrative process is an independent legal institution that is a set of rules of administrative procedural law that regulate administrative procedural relations in aspect of appointing, performing, receiving and evaluating the expert's conclusion. Authors pay attention to the fact that these norms are implemented through the administrative and procedural relations that arising between administrative court, administrative process participants and a forensic expert as a result of certain procedural actions commission. Moreover, an examination is also a set of special procedural actions strictly regulated by law and aimed at obtaining forensic evidence that means expert's conclusion.
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Pospíšil, Petr, and Marian Lebiedzik. "Some of the Theoretical Basis of Local Self-Government in the Czech Republic." DANUBE: Law and Economics Review 8, no. 1 (March 1, 2017): 31–43. http://dx.doi.org/10.1515/danb-2017-0003.
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Abstract In the valid legislation of the Czech Republic, we do not find a clear and completely unambiguous definition of the concept of “self-government”. Nonetheless, it is an institute traditionally used and with content defined in a particular way by the theory of administrative law or administrative science in the context of the division of public administration into state administration and self-government. Self-government usually refers to public administration (i.e. administration of public affairs) carried out by public law bodies other than the state. These public law bodies are most often public corporations, which perform specific tasks within territorial self-government, professional self-government and interest group self-government. The aim of the paper is to provide an interpretation of the theoretical and legislative definition of the concept of self-government and specifically to focus on territorial self-government. In processing the paper and fulfilling the set goal, the authors will primarily use scientific methods of analysis, synthesis, description, explanation and comparison. Based on the presentation and analysis of theoretical opinions on the issue, the applicable legislation of territorial self-government and insights from public law-related practice, the authors conclude that it is appropriate to consider a more detailed (yet open) definition of self-governing tasks of municipalities and regions in the future.
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Möschel, Mathias. "“Gender Quotas” in French and Italian Public Law: A Tale of Two Overlapping and Then Diverging Trajectories." German Law Journal 19, no. 6 (November 2018): 1489–518. http://dx.doi.org/10.1017/s2071832200023129.
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AbstractThis Article compares the French and Italian experiences with gender quotas—understood as mechanisms intended to increase women's participation in public life, including but not limited to, the reservation of seats in certain positions and the modulation of electoral lists— in public entities such as legislative and executive bodies (including political parties), the judiciary, and public universities. The comparison between France and Italy demonstrates that even between two countries whose constitutional history and trajectory with regard to gender quotas has been portrayed as being essentially identical, a closer analysis of the recent developments in both countries’ constitutional and administrative case law shows a slightly more nuanced picture. Using Rodolfo Sacco's approach of legal formants, this Article argues that the difference stems mainly from the different attitude and interpretation of equality by the judicial formant.
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NURKHAN, Aibar S. "Legislation of the Republic of Kazakhstan Regarding Criminal Infractions and the Law Enforcement Practice." Journal of Advanced Research in Law and Economics 9, no. 1 (September 23, 2018): 194. http://dx.doi.org/10.14505//jarle.v9.1(31).24.
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Studying of issues regarding criminal infractions – whether intended or imprudent – plays quite a significant role. Fundamental changes taking part in world economy and politics, globalization processes, as well as internal dynamics of country development, undoubtedly, have impact on national legal framework, including criminal law. Therefore, the main goal of the present paper is the analysis of legislation of the Republic of Kazakhstan regarding criminal infractions and the law enforcement practice. To reach this goal authors have used methods of comparison, analysis and data systematization. As a result it has been found that in Kazakhstan there are at average 4,3 registered criminal infractions per a convict. The term of criminal infraction has appeared in the Criminal Code in 2014 to cover offences of small gravity and administrative violations that cannot be referred to the sphere of state administration. Authors have revealed the punishment in the present day Kazakhstan is not a main form of criminal responsibility realization. In the majority of cases linked to criminal infractions the persons committed them are relieved from criminal responsibility at the stage of prejudicial inquiry.
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Onosov, Yu V. "FEATURES OF DISCRETION IN LEGAL PRACTICE OF THE STATES OF THE ROMANO-GERMANIC LEGAL FAMILY." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 4 (2020): 18–23. http://dx.doi.org/10.18323/2220-7457-2020-4-18-23.
Full textAbstract:
The paper discusses general regularities affecting the discretion in law enforcement and law-making practice in the countries of the Romano-Germanic legal family. Factor analysis provides a detailed description of the most important laws related to the exercise of discretion in the law enforcement and law-making practice of the states of the specified legal family. In particular, the author draws attention to the dual nature of judicial rulemaking, the pronounced codified nature of legislation, the leading role of a normative legal act in the system of law sources, the presence of explicit conceptuality and doctrinality, and other essential factors. In comparison with the system of common law, the continental legal family is characterized by the significant influence of the works of legal scholars and the expressed and intense perception of legal doctrines and theories. The author notes that the array of acts of interpretation significantly influences the uniformity of judicial practice in the continental legal system since this is a way to give flexibility to the legal regulation of public relations. Besides, the codifiers use a large number of scientifically based general provisions to formulate prescriptions, which are the main focus. The paper considers the fact that in the Romano-Germanic legal family, the lawyers regard as unacceptable the situation when the will of the judicial authorities determines the decisions made by the legislator since a traditionary one is a situation when the judicial authorities implement the will of the legislator. The author concludes that the rule of law is a consistent principle of the continental legal system. The paper states that scientific development should pay particular emphasis to the problems of law enforcement discretion. Thus, judicial discretion in law is most typical for the legal systems of the Anglo-Saxon legal family, and administrative discretion (the discretion of administrative jurisdiction) – for the Romano-Germanic legal family. The legal system developed in a particular state determines the general and specific regularities of exercising discretion in law practice.
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Holovko, Kateryna, Svitlana Levchenko, and Oleg Dubinskiy. "SUBJECTS OF PUBLIC ADMINISTRATION: REFORMING THE CONCEPT IN UKRAINE." Baltic Journal of Economic Studies 6, no. 1 (March 16, 2020): 35. http://dx.doi.org/10.30525/2256-0742/2020-6-1-35-41.
Full textAbstract:
The article is devoted to the identification of subjects, which, under the conditions of administrative and legal reform and changes of the guidelines in the relations between the state and the citizen, carry out public administration. Emphasis is placed on the sphere of relations that cover the essence of public administration. It is proved that the effectiveness of administrative law through the lens of governance is doubtful and does not fully meet the requirements of the development of public relations. Therefore, it is necessary to return to the educational ideas of the functioning of the state and its interaction with citizens, which has a manifestation in public, not state; in administration, not government. The authors substantiate that public administration is the activity of public authorities, which manifests itself in a concerted influence on specific public relations by means of specific methods, tools, forms and aims to secure public interests. The relation between the concepts of "subject of public administration" and "public management" is investigated. The proposals of the leading Ukrainian administrative scientists regarding the essence of the category of "public management" are analyzed and the reasons for the dualism of approaches to its definition in the Ukrainian administrative and legal doctrine are revealed. In addition, the subjects of public administration are classified according to their competence, scope, functions, and objectives of public administration. The subject of the research is the subjects of public administration and their functions in administrative law. The purpose is a study of the institutional constituent of public administration and defining changes experienced by governing entities as a result of reformatting the concept of relations between the state and society in Ukraine. Methodological basis of the research is a set of methods and techniques of scientific knowledge. The methodological construction is based on a systemic analysis that determined its directions. The systemic approach in some issues was supplemented by the axiological (ideological) approach. Empirical methods such as observation, description, comparison, inductive generalization were used to identify tendencies of reforming the system of subjects of administrative law of Ukraine. Logical-semantic method was used for formulation and in-depth study of the conceptual apparatus. The dialectical method of cognition made it possible to investigate the problems associated with the definition of the concept of "public administration". The application of methods of modeling, analysis, synthesis, generalization and analogy made it possible to formulate the conclusions of the study. Conclusions of the research correlate with the delineation of the institutional component of public administration in Ukraine. The authors have made qualitative and quantitative changes concerning the updating of the subjects of administrative law. At the same time, in the conditions of development of Ukraine as a democratic and rule-of-law state, all reform initiatives should be systematic and consistent with each other, therefore, during the study, the features that characterize the subject of public administration are highlighted. The scientific and analytical monitoring of the state of the introduced changes and the consequences of the implemented administrative reform measures for the classification of the subjects of public administration was carried out. Practical implications. The results of the research will help to understand the basic aspects of the content of public administration better and can be used in the research field in order to further study the issue of transformational changes that governing subjects under the background of actualization of trends of democratization and humanization of administrative processes.
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Mrożek, Jakub. "O właściwościach postępowania hybrydowego w regulacji ochrony konkurencji i konsumenta." Prawo 323 (December 29, 2017): 289–97. http://dx.doi.org/10.19195/0524-4544.323.26.
Full textAbstract:
Peculiarities of hybrid proceedings in the regulation of competition and consumer protection This article describes the issue of replacing administrative regulations with civil law regulations. This is amulti-faceted problem, so the paper will focus on the example of the so-called hybrid proceedings, pending before the President of the Office of Competition and Consumer Protection. In the article, a brief comparison of the hybrid proceedings approach to classical administrative proceedings was initially conducted, pointing out that there was considerable uncertainty about compliance with the Constitutional division of power. The analysis of the proceedings before the President of the OCCP was presented, because of its links with the Constitution, indicating the disfunctionality of that authority at the time of the appeal. In the final section, research proposals and proposed changes were introduced, which consisted entirely of abandoning the hybrid model to the classic administrative model.