Academic literature on the topic 'Administrative law, great britain'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Administrative law, great britain.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Administrative law, great britain"
1
Trachuk, P. A., and Ya V. Stupnyk. "Historical background of the law enforcement bodies development of the USA, Great Britain, and Ukraine." Uzhhorod National University Herald. Series: Law 3, no. 81 (April 19, 2024): 209–15. http://dx.doi.org/10.24144/2307-3322.2024.81.3.31.
Full textAbstract:
The article is devoted to the study of the historical formation of the law enforcement system of the USA, Great Britain and Ukraine on the basis of a comparative legal analysis of the key stages of the law enforcement agencies genesis.
It is proved that the formation of the system of law enforcement bodies in a certain state is determined by the peculiarities of the state-legal system of this state and existing historical events, which became a trigger for changes both in regulatory and legal regulation, and in the implementation of the tasks of law enforcement bodies in practice. The choice as a basis for the analysis of the historical development of the law enforcement system of countries such as Ukraine, the United States of America, and Great Britain derives from one factor, namely the form of the state system, since, in our opinion, there is a hypothesis regarding the influence of the form of the state system on the development of law enforcement bodies on the territory of a certain country.
On the basis of the applied comparative legal analysis, the essential stages of the development of law enforcement agencies of these states, the regulatory and legal enshrining of their competence, and the peculiarities of the practical implementation of their functions were studied and analyzed.
It is justified that the historical development of states, their political interaction on the historical arena with other states, the development of economy and trade influenced and still influences the speed and intensity of the development of the law enforcement system. Thus, the belonging of the territories of Ukraine to different states caused the multi-stage formation of its law enforcement system as well as the obtaining of various foreign practices of its legal regulation. The administrative-territorial structure of the states, which was determined during the analysis of the experience of the United States of America, has no less influence: as a result of the federal structure of the state, we can talk about a three-tier system of law enforcement bodies at the level of the federation, individual states, and at the local level. The historical development of Great Britain contributed to the formation of various independent bodies within the law enforcement system, which was not observed in other studied states.
2
Решота Reshota, Володимир Volodymyr. "Реформа адміністративної юстиції у Сполученому Королівстві Великої Британії та Північної Ірландії." Copernicus Political and Legal Studies 1, no. 2 (2022): 24–32. http://dx.doi.org/10.15804/cpls.20222.02.
Full textAbstract:
The article examines the essence and significance of the institution of administrative justice in the United Kingdom of Great Britain and Northern Ireland. It is noted that the modern Anglo-Saxon model of administrative justice emerged in the early twentieth century, creating a system different from continental European countries to protect the rights of citizens from decisions, actions and inaction of public administration and control them, which plays an important role in public administration. The lack of a unified theory of administrative justice, the chaotic creation of its bodies has led to different interpretations and understandings of the system of administrative justice. It is emphasized that today there is no consensus on the concept, nature and system of administrative justice in the United Kingdom, but a study of various theoretical concepts and opinions in this regard led to the conclusion that the main administrative justice bodies are special quasi-judicial institutions - tribunals. the bulk of administrative disputes in the field of public administration. It is substantiated that the Anglo-Saxon model of administrative justice is characterized by significant differences in the nature of its bodies, historical development, procedural features and so on. The administrative justice of the United Kingdom of Great Britain and Northern Ireland is represented by a system of tribunals empowered to deal with a range of matters concerning illegal decisions, acts or omissions of officials and public authorities. Such tribunals are quasi-judicial institutions that consider and resolve administrative disputes in a procedure that resembles the judiciary, but are not part of the judicial system of the state, thus forming separate bodies with specific functions. Today, the importance of tribunals is constantly growing, from temporary special purpose bodies they are becoming an important element of the justice system. Thus, in recent years, the United Kingdom has been reformed to improve the system of administrative justice, unify and develop common standards for their work. It is analyzed that in 2007, with the adoption of the Act on Tribunals, Courts and Enforcement Proceedings, which entered into force on November 3, 2008, a new period of administrative justice of the United Kingdom began. This law significantly reformed the organizational framework of the tribunal system, as well as created the preconditions for the convergence of the tribunal system and the courts in order to create a single mechanism for protecting the rights and freedoms of individuals. It was emphasized that the modern system of tribunals has ceased to be perceived as a temporary, additional way to protect the rights of the individual, and together with the courts has become an essential part of the system of protection of rights.
3
Sherstoboev, O. N. "Nullity of Administrative Acts: Grounds, Legal Regime, Discretion." Siberian Law Review 18, no. 2 (October 20, 2021): 228–42. http://dx.doi.org/10.19073/2658-7602-2021-18-2-228-242.
Full textAbstract:
The issues of criteria for the nullity of administrative acts are considered, the ratio of an illegal and invalid act, as well as a null and void act, analyzed, the possibility of administrative discretion in determining an invalid administrative act is analyzed, the role of vague legal concepts when an administrative act is declared invalid is demonstrated. The Author uses a comparative legal method, including the analysis of the practice of Germany, Great Britain, South Africa, Canada, Japan, South Korea, Russia and other countries. Special attention is paid to the laws on administrative procedures adopted in the post-Soviet territory and the influence of the German doctrine on this process. It is concluded that for the continental legal order the most preferable way to formalize the criteria for the invalidity of an administrative act are laws on administrative procedures or their analogs, while in the common law states, legal doctrine and judicial practice are of great importance. At the same time, many countries avoid recognizing acts as null and void, preferring the construction of their voidability. This is related to ensuring the stability of public administration, the predictability of administrative activities, and the protection of legitimate expectations. In any case, the theory of the reality of the administrative act is prevailing, and nullity is rather viewed as an anomaly. Therefore, only acts that are adopted with the most significant violations, which do not allow talking about the fair consequences of their adoption, are considered invalid. The illegality of an act does not automatically entail its nullity. A similar trend can be traced in Russia, although individual norms of law and practice of courts indicate the possible formation of a doctrine of the invalidity of an administrative act in the Russian legal system. Insignificant acts do not give rise to consequences from the moment of their adoption, legally they do not exist, and nothing can generate anything. With this approach, the courts only fix the criterion of invalidity without a dispute about law. Insignificant acts should be distinguished from contested ones, the latter may turn out to be illegal, but for a number of reasons (for example, protection of trust) the fact of their existence is confirmed along with their consequences.
4
Melnychuk, O. "Mediation in administrative proceedings: European experience for Ukraine." Uzhhorod National University Herald. Series: Law 2, no. 72 (November 27, 2022): 77–81. http://dx.doi.org/10.24144/2307-3322.2022.72.45.
Full textAbstract:
The article reveals the European experience of using mediation in administrative proceedings and the implementation of its best practices in Ukraine. Mediation in administrative proceedings has successfully proven itself in European countries. The tradition of alternative resolution of public legal disputes exists in Great Britain, Ireland, Germany, France, the Netherlands, Norway and other countries. The ability to use mediation in administrative proceedings is substantiated, the effectiveness of which depends on the peculiarities of each legal system, the organization of public administration and the existing practice of resolving public legal disputes.
It is indicated that the Code of Administrative Procedure of Ukraine, the Law of Ukraine «On Mediation» are favorable for the use of mediation. The main problem of implementing mediation in administrative proceedings lies in the political will and legislative capabilities of the subjects of power. A certain category of public-law disputes can potentially be resolved through mediation, provided there is a more stable practice and demarcation of discretionary powers of the relevant subjects.
It is proposed to continue to introduce pilot projects on mediation, in particular in tax disputes, as well as with the participation of local self-government bodies, with further scaling to the entire territory of Ukraine. The necessity of continuing the training of mediators, who would have knowledge of highly specialized legal norms in the field of law and public administration (concerning licensing, registration procedures, property valuation, assessment of taxes or social assistance, etc.) is indicated. It is recommended to introduce relevant disciplines into educational programs, to introduce certificate courses for training mediators that would form relevant competencies, to conduct a large-scale company to popularize procedures for resolving public legal disputes through mediation.
5
Halaburda, N. A. "THE NATURE OF THE MODERNIZATION OF ADMINISTRATIVE JUSTICE IN THE ANGLO-SAXON LEGAL SYSTEM." Actual problems of native jurisprudence 5, no. 5 (October 2021): 59–63. http://dx.doi.org/10.15421/392199.
Full textAbstract:
The main goal of the study is to determine the nature and features of the Anglo-Saxon legal system, the nature of the impact of common law principles, to clarify the legal status of UK tribunals, and highlight the main advantages and disadvantages of administrative tribunals compared to general courts. Unlike continental legal systems, Anglo-Saxon law emphasizes the procedural, pragmatic side of its operation. In the studied legal system there are several positions on the understanding of the concept of “administrative justice”: first, it is the existing procedure for appealing against decisions and actions of public administration and officials in court, i. e. a special type of judicial activity; secondly, it is the activity of tribunals as quasi-judicial bodies. In addition, many countries belonging to the Anglo-Saxon legal family have the principle of mandatory prior (pretrial) recourse to administrative justice disputes. Only after consideration of the pre-trial appeal by the authorized quasijudicial bodies is it possible to open the procedure in the general court. The Anglo-Saxon system of administrative justice is based on the doctrine of equality of all officials before the courts and the prevention of the removal of officials from the jurisdiction of the same courts that other citizens deal with. An analysis of the administrative justice of Great Britain (Anglo-Saxon version) allows us to conclude that it operates at the junction of the executive and judicial branches of government. Administrative justice is linked to the executive branch by the fact that its bodies are in close cooperation with the active administration. Instead, it is brought closer to the judiciary by the fact that courts of general jurisdiction act as an appellate instance against decisions of administrative tribunals. The activities of these bodies are departmental in nature and, unlike the continental model of administrative justice, do not carry the principle of universal jurisdiction.
6
Шерстобоев, Олег, and Oleg Sherstoboev. "The Doctrine of Proper Judicial Protection in Administrative Law (on the Example of Expulsion of Foreign Nationals)." Journal of Russian Law 2, no. 2 (January 20, 2014): 68–79. http://dx.doi.org/10.12737/2241.
Full textAbstract:
Proper judicial protection is an aggregate of legal norms, principles, doctrines that allow maximum guarantee for fair treatment of an administrative dispute, in particular, relating to expulsion of foreign nationals. Among basic means that guarantee a proper settlement of a dispute, one can name the right to appeal the act of public administration, the right to independence of a body, considering the case, the right to qualified legal assistance, competition, completeness of supervision. The author of the article reviews standings of the European Court of Human Rights, as well as the legislation and practice of the USA, Great Britain, Germany and Russia on the issue of judicial protection of foreign nationals, deported from their territory. As a result of the analysis, the author outlines three models of the provided judicial protection: limited, selective and complete. Each model has its pluses and minuses, but from a theoretical point of view the best variant is a complete model of judicial protection.
7
Weidenfeld, Katia, and Alexis Spire. "Punishing tax offenders in France and Great Britain: two criminal policies." Journal of Financial Crime 24, no. 4 (October 2, 2017): 574–88. http://dx.doi.org/10.1108/jfc-05-2016-0030.
Full textAbstract:
Purpose Since 2008-2009, the governments in France and Great Britain have encouraged more rigorous penalization of tax evaders. This paper aims to investigate the implementation of these policies on the basis of an important and original empirical material. Design/methodology/approach The study done in France relies on interviews conducted with representatives of law enforcement agencies on public statistics and on an innovative database compiled from nearly 600 cases submitted to the judiciary. The comparison with Great Britain is developed through interviews conducted with different participants in the fight against tax fraud and statistical information. Findings This paper describes the recent evolution of the machinery for screening tax-related wrongdoings in France and in the UK. It demonstrates that whilst publicly calling for harsh punishment against tax dodgers, in practice, both governments tend to seek a balance between the growing demand for tax equality and the belief that the State should not intervene in the economic realm. This strategy leads to the over-representation of certain categories of taxpayers. Despite the commonalities resulting from the numerous filters before prosecution, the penal strategy takes on two different shapes on either side of the Channel: whereas the British institutions support an “exemplary punitive” system, French regulatory system favours a “quasi-administrative” treatment. The French tax authority continues to use the criminal procedures mainly as a financial instrument for the improved restitution of stolen taxes. The policy of Her Majesty’s Revenue and Customs, supported by the “Sentencing Guidelines”, aims much more at obtaining exemplary convictions. Originality/value Based on a large empirical material, this paper highlights the different outcomes of the criminal trials against tax evaders in the two countries.
8
The Rt. Hon. Lord Bingham of Cornhill. "The Old Despotism." Israel Law Review 33, no. 2 (1999): 169–92. http://dx.doi.org/10.1017/s002122370001596x.
Full textAbstract:
Seventy years ago there appeared in Britain a series of newspaper articles, which in the autumn of the year were published in book form. To this book the author, perhaps drawing on his earlier career as a journalist, gave a headline-catching title: The New Despotism. In the Richter scale of world events this publication was not, as even the most introverted lawyer would have to acknowledge, the most memorable event of 1929. But on the more specialised Richter scale which measures movements in the landscape of constitutional and administrative law, and standards of judicial conduct, a noticeable tremor was registered. For the author of The New Despotism was Lord Hewart of Bury, who held office as Lord Chief Justice of England, and the book was a coruscating attack on what he pejoratively called the bureaucracy, the great departments of state, whom Hewart accused of acquiring and exercising legislative and administrative powers in a manner which circumvented Parliament, excluded judicial control through the ordinary courts and undermined the rule of law.
9
King, Anthony. "GOVERNMENTAL RESPONSES TO BUDGET SCARCITY: GREAT BRITAIN." Policy Studies Journal 13, no. 3 (March 1985): 476–93. http://dx.doi.org/10.1111/j.1541-0072.1985.tb01585.x.
Full text
10
Kulikov, V. A. "PUBLIC-PRIVATE PARTNERSHIP AS AN INSTRUMENT OF STATE INVESTMENT POLICY: ECONOMIC MODELS AND LEGAL REGULATION." ECONOMIC VECTOR 4, no. 27 (December 2021): 28–34. http://dx.doi.org/10.36807/2411-7269-2021-4-27-28-34.
Full textAbstract:
The article presents the organizational and legal characteristics of public-private part-nership as one of the effective instruments of state financial policy. The origin of the PPP institute in foreign countries is considered: Great Britain, USA, etc. The branches of law regulating PPP in the Russian Federation are characterized. The advantages of PPP for the state and business are described: reducing the burden on the budget, access to state assets, synergy of the administrative resource of the state and the innovative po-tential of business, etc. The PPP models are characterized: ВОТ, DBOT, BOOT, etc., as well as organizational and legal forms of PPP implementation: concession, life cycle partnership, etc.
Dissertations / Theses on the topic "Administrative law, great britain"
1
Sahni, Isher-Paul. "The administration of justice : an exegesis of Max Weber's 'sociology of law' with a focus on the English law and judge." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=85202.
Full textAbstract:
This study examines two interconnected and as yet wholly neglected aspects of Max Weber's 'Sociology of Law,' namely, its substantive underpinnings and focal concern with the status of the judge. At the heart of the 'Sociology of Law' is a comparative analysis of the Continental and the English administrations of justice, which can best be understood when read against his substantive sociology and which requires an assiduous reading of the 'Sociology of Law.' Thus the first part of this examination elucidates Weber's overarching concern with the effects of bureaucratization on the development of personality. The second part provides a detailed explication of the 'Sociology of Law' which privileges his treatment of the Common Law and distinguishes the juristic and sociological strands of his analysis, re-examines his notion of formal and substantive rationality, pays close attention to his assessment of the Free Law Movement, and accords due place to his discussion of the anti-formalistic tendencies in modern law. Taken together, these expose the contradictions and assumptions which frame his tendentious analysis and bring to light the vital role he ascribes to the judge.
2
Melnick, Elaine Millar. "Women's employment, sex discrimination, and the law : legal and administrative remedies in Great Britain, with some reference to the United States." Thesis, University of Surrey, 1986. http://epubs.surrey.ac.uk/688/.
Full text
3
St, John-Smith Christopher. "The judiciary and the political use and abuse of the law by the Caroline regime, 1625-1640." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:cf332e84-3b73-4e0b-86e8-b3ea55e41ced.
Full textAbstract:
In December 1640 the Long Parliament brought accusations against Lord Keeper Finch and six judges of the three main Westminster courts. These asserted the illegality of decisions and opinions given by these judges. This thesis examines those accusations and argues that the government of Charles I engaged in a defensible process of political management of the law and the judges to legitimate its policies particularly after the suspension of parliament in 1629. This policy emerged as a response to the government's difficulties in enforcing the payment of the Forced Loan caused by its dubious legality. The policy took advantage of important features of the contemporary relationship between the law and the government and it had five features. The most senior and able lawyers were recruited as government law officers and counsel. They amassed and used a substantial and well researched body of legal authority to support royal rights. The chief justices were appointed from amongst the government lawyers and were used as political managers of their courts. New incentives were offered as rewards for the most senior judges. Judicial views on aspects of government policy were sought in advance and the Privy Council was used to by-pass the judges if necessary. These features are examined in relation to government revenue policies including distraint of knighthood fines and the forest laws, and religious policies in relation to the application of the writ of prohibition to the economic condition of the Church and High Commission. The application of this analysis to the Ship Money Case is considered. It is concluded that the judges were manipulated rather than coerced and often successfully avoided the pressure by technical stratagems. Most importantly the government showed that it generally had the law on its side. That had serious political implications but went a long way towards exonerating the judges.
4
Armstrong, Gillian Claire. "Administrative justice and tribunals in South Africa : a commonwealth comparison." Thesis, Stellenbosch : Stellenbosch University, 2011. http://hdl.handle.net/10019.1/17997.
Full textAbstract:
Thesis (LLM )--Stellenbosch University, 2011.ENGLISH ABSTRACT: In the field of administrative law, the judiciary has traditionally exercised control over the administrative actions of the executive through judicial review. However, judicial review is neither the most effective nor the most efficient primary control mechanism for systemic administrative improvement. In a country faced with a task of =transformative constitutionalism‘, and hindered with scarce resources, there is good cause to limit judicial intervention as the first response to administrative disputes. The major theme of this thesis is to investigate the feasibility of administrative tribunal reform in South Africa, using two other commonwealth countries, Australia and England, as a basis for comparison. Australia and England have been chosen for comparison because they share similar administrative law traditions and they can provide working models of coherent tribunal structures. The Australian tribunal system is well-established and consists of tribunals which fall under the control of the executive, while tribunals in England have recently undergone a significant transformation, and are now part of the independent judiciary. The South African government currently spends, indeed wastes, a significant amount of money on administrative law litigation. Due to the limitations of judicial review, even after the high costs of litigation and the long duration of court proceedings, the results achieved may still be unsatisfactory. Furthermore, judicial review is unsuited to giving effect to systemic administrative change and the improvement of initial decision-making. Australia and England have begun to move away from the traditional court model for the resolution of administrative disputes. Both have indicated a preference for the important role of tribunals in the administration of disputes. Tribunals have been shown to offer the advantage of being speedier, cheaper, more efficient, more participatory and more accessible than traditional courts, which contributes to tribunals being a more available resource for lay people or people without sophisticated legal knowledge, and provides wider access to remedies than courts. The English and Australian models indicate a few important trends which need to be applied universally to ensure a sustained tribunal reform and a system which provides a higher level of administrative redress than the over-burdened and institutionally inept courts currently do. These include co-operation among government departments and tribunals; open and accountable systemic change; the need for supervision and evaluation of the whole of administrative law by an independent and competent body; and ultimately a focus on the needs of users of state services. At the same time, there are arguments against administrative tribunal reform. These include the costs of reform; the ways to establish tribunals; and the level of independence shown by the tribunals. These arguments are especially relevant in the South African context, where the government faces huge social problems and a scarcity of resources. However, after an analysis of the valuable characteristics of tribunals and the role that they serve in the day to day administration of justice, it is difficult to see how these objections to tribunals can outweigh their potential importance in the administrative justice system. The need for sustained systematic reform in South Africa is one that cannot be ignored. Tribunals offer a valuable alternative to judicial review for the resolution of administrative disputes. Furthermore, the tribunal systems of Australia and England demonstrate how the effective creation and continued use of comprehensive tribunal structures contributes firstly to cost reduction and secondly to ease the administrative burden on courts who are not suited to cure large-scale administrative error.
AFRIKAANSE OPSOMMING: In die administratiefreg oefen die regsprekende gesag tradisioneel beheer uit oor die uitvoerende gesag deur middel van geregtelike hersiening. Geregtelike hersiening is egter nie die mees doeltreffende of effektiewe primêre beheermeganisme om sistemiese administratiewe verbetering teweeg te bring nie. In 'n land met die uitdagings van 'transformatiewe konstitusionalisme‘ en skaars hulpbronne, kan 'n goeie argument gevoer word dat geregtelike inmenging as die eerste antwoord op administratiewe dispute beperk moet word. Die deurlopende tema van hierdie tesis is 'n ondersoek na die lewensvatbaarheid van hervorming van administratiewe tribunale in Suid-Afrika, in vergelyking met die posisie in Australië en Engeland, waarvan beide ook, tesame met Suid-Afrika, deel vorm van die Statebond. Hierdie lande is gekies vir regsvergelykende studie aangesien hulle 'n administratiefregtelike tradisie met Suid-Afrika deel en beide werkende modelle van duidelike tribunale strukture daarstel. Die Australiese tribunale stelsel is goed gevestig en bestaan uit tribunale onder die beheer van die uitvoerende gesag, terwyl die tribunale stelsel in Engeland onlangs 'n beduidende hervorming ondergaan het en nou deel van die onafhanklike regsprekende gesag is. Die Suid-Afrikaanse regering mors aansienlike hoeveelhede geld op administratiefregtelike litigasie. Selfs na hoë koste en lang vertragings van litigasie mag die resultate steeds onbevredigend wees as gevolg van die beperkings inherent aan geregtelike hersiening. Tesame met hierdie oorwegings is geregtelike hersiening ook nie gerig op sistemiese administratiewe verandering en verbetering van aanvanklike besluitneming nie. Australië en Engeland het onlangs begin wegbeweeg van die tradisionele hof-gebaseerde model vir die oplossing van administratiewe dispute. Beide toon 'n voorkeur vir die belangrike rol wat tribunale in die administrasie van dispute kan speel Tribunale bied die bewese voordele om vinniger, goedkoper, meer doeltreffend, meer deelnemend en meer toeganklik te wees as tradisionele howe, sodat tribunale 'n meer beskikbare hulpbron is vir leke, oftewel, persone sonder gesofistikeerde regskennis en dus beter toegang tot remedies as tradisionele howe verskaf. Die Engelse en Australiese modelle dui op enkele belangrike tendense wat universeel toegepas moet word om volgehoue tribunale hervorming te verseker en om =n stelsel te skep wat 'n hoër vlak van administratiewe geregtigheid daarstel as wat oorlaaide en institusioneel onbekwame howe kan. Dit verwys bepaald na samewerking tussen staatsdepartemente en tibunale; deursigtige en verantwoordbare sistemiese veranderinge; die behoefte aan toesighouding en evaluasie van die hele administratiefreg deur 'n onafhanklike, bevoegde liggaam; en uiteindelik 'n fokus op die behoeftes van die gebruikers van staatsdienste. Daar is egter terselfdertyd ook argumente teen administratiewe tribunale hervorming. Hierdie argumente sluit in die koste van hervorming; die wyses waarop tribunale gevestig word; en die vlak van onafhanklikheid voorgehou deur tribunale. Hierdie argumente is veral relevant in die Suid-Afrikaanse konteks waar die regering voor groot sosiale probleme te staan kom en daarby ingesluit, 'n tekort aan hulpbronne ook moet hanteer. Daarenteen is dit moeilik om in te sien hoe enige teenkanting en teenargumente met betrekking tot die vestiging van administratiewe tribunale swaarder kan weeg as die potensiële belang van sulke tribunale in die administratiewe geregtigheidstelsel, veral nadat 'n analise van die waardevolle karaktereienskappe van tribunale en die rol wat hulle speel in die dag-tot-dag administrasie van geregtigheid onderneem is. Die behoefte aan volhoubare sistemiese hervorming in Suid-Afrika kan nie geïgnoreer word nie. Tribunale bied 'n waardevolle alternatief tot geregtelike hersiening met die oog op die oplossing van administratiewe dispute. Tesame hiermee demonstreer die tribunale stelsels in Australië en Engeland hoe die doeltreffende vestiging en deurlopende gebruik van omvattende tribunale bydra, eerstens om kostes verbonde aan die oplossing van administratiewe dispute te verlaag en tweedens, om die administratiewe las op die howe, wat nie aangelê is daarvoor om grootskaalse administratiewe foute reg te stel nie, te verlig.
5
De, Cogan Dominic Arthur. "Tax by law or by administrators : the changing boundaries between 1900 and 1950." Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610228.
Full text
6
Weston, Tracey Lee. "A comparison of the effectiveness of the judicial doctrine of "substance over form" with legislated measures in combatting tax avoidance." Thesis, Rhodes University, 2004. http://hdl.handle.net/10962/100.
Full textAbstract:
Taxation statutes often provide opportunities for tax avoidance by taxpayers who exploit the provisions of the taxing statute to reduce the tax that they are legally required to pay. It is, however, important to distinguish between the concepts of tax avoidance and tax evasion. The central issue, especially where the contract has no business purpose, is whether it is possible for the substance and legal form of the transaction to differ to such an extent that a court of law will favour the substance rather than the legal format. The debate is whether the courts should be encouraged to continue with their "judge-made" law or whether the tax jurisdictions should be supporting a legislative route as opposed to a judicial one, in their efforts not only to combat tax avoidance but also to preserve taxpayer certainty. The question is whether the Doctrine of "Substance over Form" as applied by the judiciary is effective in combating tax avoidance, or whether a legislated general anti-avoidance provision is required. An intensive literature survey examines the changes which have occurred in the application of judicial tests from the 1930's to date and investigates the different approaches tax jurisdictions follow in order to combat tax avoidance. The effect of the introduction of anti-avoidance provisions in combating tax avoidance is evaluated by making a comparison between the United Kingdom and South Africa. [n the United Kingdom, the courts are relied on to create anti-tax avoidance rules, one of which is the Doctrine of "Substance over Form". The doctrine is very broad and identifies various applications of the doctrine, which have been developed by the courts. In South Africa, the Doctrine of "Substance over Form" has been applied in certain tax cases; however the South African Income Tax Act does include anti-tax avoidance sections aimed at specific tax avoidance schemes, as well as a general anti-tax avoidance measure enacted as section 103. The judicial tests have progressed and changed over time and the introduction of anti-avoidance legislation in the Income Tax Act has had an effect on tax planning opportunities. A distinction needs to be made between fraudulent and bona fide transactions while recognising the taxpayer's right to arrange his or her affairs in a manner which is beneficial to him or her from a tax perspective. Judicial activism and judicial legislation in the United Kingdom has created much uncertainty amongst taxpayers and as a result strongly supports the retention of a general anti-avoidance section within an Income Tax Act. A general anti-avoidance provision, following a legislative route, appears to be more consistent and effective in combating tax avoidance.
7
Wigglesworth, John Michael. "Planning law and administration in Hong Kong, with particular reference to the position in the United Kingdom." Thesis, [Hong Kong : University of Hong Kong], 1986. http://sunzi.lib.hku.hk/hkuto/record.jsp?B12322507.
Full text
8
Dickson, Anne E. (Anne Elizabeth). "Judicial control of arbitration - Great Britain." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=57006.
Full textAbstract:
This thesis examines the role of judicial control of arbitration with specific reference to the differing positions adopted in England and Scotland.Chapter I examines the historical patterns in each of these jurisdictions in relation to judicial review of arbitration, concluding that current differences are largely due to divergent economic and social conditions persisting over a substantial period of time.
Chapter II outlines the thinking behind the UNCITRAL Model Law on International and Commercial Arbitration, contrasting the theories which attract support in other States with those in favour in England and Scotland.
Chapter III examines the conclusions of the Mustill and Dervaird Committees which considered implementation of the UNCITRAL Model Law in England and Scotland respectively. It is concluded that the historical factors outlined in Chapter I continue to play an influential role, leading to the rejection of the Model Law in England and its implementation in Scotland.
9
Kramer, Adam. "Remoteness of damage in contract law : an agreement-centred approach." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31168.
Full textAbstract:
This thesis concerns the legal rules of contractual remoteness: these rules govern the extent of liability that is imposed on a breaching party to compensate for the adverse consequences that the breach causes. It is argued that the allocation of responsibility for such consequences is contained implicitly in the contract: every contract extends beyond its express terms, and the allocation of responsibility for the consequences of breach is one of the matters to which it extends. This latter assertion is supported by the argument that an assumption of responsibility for the consequences of breach is a fundamental part of what it means to make a promise. Hence the rules of remoteness are merely a specialised application of the general legal principles that are used to discover the unexpressed part of an agreement. These legal principles can be seen in operation in the implication of terms and the interpretation of expressed terms.
10
Evans, Christopher Charles Law Faculty of Law UNSW. "The operating costs of taxing the capital gains of individuals : a comparative study of Australia and the UK, with particular reference to the compliance costs of certain tax design features." Awarded by:University of New South Wales. Law, 2003. http://handle.unsw.edu.au/1959.4/20738.
Full textAbstract:
This study investigates the impact of aspects of tax design on the operating costs of the tax system. The thesis focuses on the Australian and UK regimes for taxing the capital gains of individuals. It contends that the compliance burden faced by personal taxpayers and the administrative costs incurred by revenue authorities are directly influenced by the design of the capital gains tax ('CGT') regimes in each country. The study bridges the divide between theoretical analysis of CGT and empirical studies on tax operating costs. It uses a hybrid research design to test a series of hypotheses that emerge from a review of the literature and the experience of the researcher. It combines a technical analysis of the relevant Australian and UK legislative provisions (including an analysis of the policy and other background data that underpins those provisions) with empirical research on the views and experience of practitioners who are responsible for the operation of the legislation in the two countries. The results obtained from this combined methodology indicate that the operating costs of taxing capital gains in Australia and the UK are directly affected by the design of the legislative provisions. Moreover, the study outcomes indicate that operating costs in both countries are high (on a number of comparative measures), have not reduced over time, and are both horizontally and vertically inequitable. The research indicates that the primary factors that cause the high operating costs include the complexity of the legislation and the frequency of legislative change, together with record-keeping and valuation requirements. The thesis identifies specific legislative changes that would address operational cost concerns. These include the phasing out of the 'grandfathering' exemption together with the introduction of an annual exempt amount, and the rationalisation of business concessions in Australia; and the abolition of taper relief and its possible replacement with a 50% exclusion in the UK. More importantly, it seeks a more principled approach to the taxation of capital gains in both countries, and emphasises that legislative change can and should only be enacted with a full and clear understanding of the operating cost implications of that change.
Books on the topic "Administrative law, great britain"
1
Robert, Jago, ed. Constitutional & administrative law. 8th ed. New York: Routledge, 2011.
Find full text
2
F, Forsyth C., ed. Administrative law. 9th ed. Oxford: Oxford University Press, 2004.
Find full text
5
F, Forsyth C., ed. Administrative law. 8th ed. Oxford: Oxford University Press, 2000.
Find full text
6
Endicott, Timothy Andrew Orville. Administrative law. 2nd ed. Oxford: Oxford University Press, 2011.
Find full text
8
Carroll, Alex. Constitutional and administrative law. 6th ed. New York: Pearson Longman, 2011.
Find full text
9
Barnett, Hilaire. Constitutional & administrative law. 5th ed. London: Cavendish Pub., 2004.
Find full text
10
Fenwick, Helen. Constitutional & administrative law. 8th ed. Abingdon, Oxon [UK]: Routledge, 2013.
Find full textBook chapters on the topic "Administrative law, great britain"
1
Schofield, John, John Carman, and Paul Belford. "Legal and Administrative Frameworks." In Archaeological Practice in Great Britain, 83–114. New York, NY: Springer New York, 2011. http://dx.doi.org/10.1007/978-0-387-09453-3_4.
Full text
2
Wood, Charlie, Charles Drayson, Jane Dye, Jill Thomasin, Phil McDonell, Matthew Dillon, Laurence Kaye, et al. "Great Britain." In E-Commerce Law in Europe and the USA, 239–306. Berlin, Heidelberg: Springer Berlin Heidelberg, 2002. http://dx.doi.org/10.1007/978-3-540-24726-5_5.
Full text
3
Supperstone, Michael. "The Law Relating to Security in Great Britain." In British and American Approaches to Intelligence, 218–43. London: Palgrave Macmillan UK, 1987. http://dx.doi.org/10.1007/978-1-349-08418-0_10.
Full text
4
Ziekow, Jan. "Administrative Procedures and Processes." In Public Administration in Germany, 163–83. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-53697-8_11.
Full textAbstract:
AbstractA process-oriented approach sees public administration as an interconnection of information, communications, interactions and decisions. It establishes the process organisation that shows the state ‘in action’ and complements the administrative and personnel side of public administration. While the term administrative processes can be understood as a generic term for this procedural side of the administration, according to the German understanding, procedures are processes with which the administration works towards citizens and companies and in which these face the administration with their own rights. Characteristic of these procedures vis-à-vis persons outside the administration is a high degree of juridification by administrative procedure law. The legal status of the citizen vis-à-vis the administration is very strong in Germany. In recent years, also influenced by New Public Management thought, great efforts have been made to optimise the procedural side of public administration. The chapter presents significant tools and approaches of this process thinking.
5
Jowell, Jeffrey. "Administrative Law." In The British Constitution in the Twentieth Century. British Academy, 2004. http://dx.doi.org/10.5871/bacad/9780197263198.003.0010.
Full textAbstract:
This chapter examines the stages of development of administrative law in Great Britain during the twentieth century, describing the different attitudes towards the exercise of state power and its legal control over the century. It explains that the century began with a concern for procedural justice and a particular concept of the rule of law, and ended with judicial constraints upon both the procedures and the substance of official decisions, justified by constitutional rights.
6
Heinzerling, Lisa, and Mark V. Tushnet. "Comparative Approaches." In The Regulatory And Administrative State, 753–91. Oxford University PressNew York, NY, 2006. http://dx.doi.org/10.1093/oso/9780195189315.003.0014.
Full textAbstract:
Abstract This chapter introduces you to some comparative perspectives on the problem of regulating risk. The materials are drawn from studies of environmental regulation in Great Britain and Japan. As with all study of comparative law, there are gains and risks from reading these materials. The main advantage, for our purposes, is that the materials can open our minds to alternative ways of doing things that might not be apparent if we simply looked at the United States. The main risk is that we might end up thinking that the comparative materials provide “models” for alternative approaches that could simply be transplanted to the United States. However, the ways a legal system approaches a problem are deeply embedded in the nation’s general culture. At the very least, transplants must be adapted to the legal culture into which they are imported.
7
Fletcher, George P., and Steve Sheppard. "Judicial Review." In American Law In A Global Context, 132–49. Oxford University PressNew York, NY, 2005. http://dx.doi.org/10.1093/oso/9780195167221.003.0007.
Full textAbstract:
Abstract In the early nineteenth century, no facet of U.S. law distinguished American law more from civilian legal systems—indeed, from many common law systems—than did the institution of judicial review, the idea that courts have the authority to review the acts of legislatures or officials and to declare void statutes and orders that conflict with the Constitution. Our sense of this institution is rooted in the famous case of Marbury v. Madison, and therefore we shall refer to it as judicial review in the Marbury sense or judicial review over legislation. The same power of review is held by the various state courts, which measure state laws and official actions under both the federal and state constitutions. Judicial review over legislation is distinct from the power of courts to review and overrule administrative decisions. This is also called “judicial review” in Great Britain, where the courts are not thought to have the power of judicial review over acts of Parliament.
8
Mohan, Rajat. "How Denmark Got to Denmark and Great Britain’s Journey." In From Here to Denmark, 223—C10P90. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780198893103.003.0010.
Full textAbstract:
Abstract A major institutional breakthrough in Denmark happened with the Lutheran Reformation of 1536, when the monarch was anointed as the head of the church as well. Fortuitously, he and his successors used it well to expand and strengthen the institutions of state administration as well as the judiciary. Under a new constitution adopted in 1665, property rights were recognized and adherence to a rule of law enforced by a stronger and meritocratic bureaucracy and an impartial judiciary. All these developments gradually led to the emergence of inclusive economic institutions in the country. However, inclusive political institutions began to emerge only after the transition to constitutional monarchy in 1849. In Great Britain, politically inclusive institutions began to emerge as early as 1265 with the signing of the Magna Carta. However, the transition took over 650 years to take root, with frequent and sometimes even formidable setbacks along the way. Tensions between the monarch and Parliament only began to be resolved with the Glorious Revolution of 1688. Its major achievement was the enshrinement of some basic tenets of liberty in the country’s first Bill of Rights. It limited the sovereign’s power, reaffirmed the judiciary’s independence and Parliament’s control over taxation and legislation. Note that in Denmark, economic institutions first turned inclusive, followed by political institutions about two centuries later. The sequence in Great Britain was the opposite. Note too that institutions had to be both politically and economically inclusive to get to ‘Denmark’, and the process took centuries.
9
Beaumont, Paul. "Great Britain." In Declining Jurisdiction In Private International Law, 207–34. Oxford University PressOxford, 1995. http://dx.doi.org/10.1093/oso/9780198259596.003.0010.
Full textAbstract:
Abstract This chapter examines the recent case law on forum non conveniens in England, but first of all examines its origins in Scotland. It is arguably one of the Scottish legal system’s most successful exports. It was originally referred to in Scotland as forum non competens, but in the latter half of the nineteenth century the modern wording was adopted, as it better reflected the true nature of the plea. It is today a plea of general application in Scotland and England except where its application is inconsistent with the Brussels and Lugano Conventions. The meaning of the plea has not always been free from doubt. Some authority supports a very restricted scope for forum non conveniens whereby the Scottish courts would sist (stay) the proceedings only if an ‘unfair disadvantage’ or a ‘real unfairness’ would result for the defender if the action were held there.
10
"MONARCHS OF BRITAIN." In Constitutional & Administrative Law, 1035–36. Routledge-Cavendish, 2002. http://dx.doi.org/10.4324/9781843144755-173.
Full textConference papers on the topic "Administrative law, great britain"
1
Salibová, Kristina. "Brexit and Private International Law." In COFOLA INTERNATIONAL 2020. Brexit and its Consequences. Brno: Masaryk University Press, 2020. http://dx.doi.org/10.5817/cz.muni.p210-9801-2020-4.
Full textAbstract:
My contribution deals with the issue concerning the question arising on the applicable law in and after the transition period set in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. The aim of this contribution is to analyze how the English and European laws simultaneously influence one another. This analyzation will lead to the prognosis of the impact Brexit will have on the applicable English law before English courts and the courts of the states of the European Union. The main key question is the role of lex fori in English law. Will English law tend to return to common law rules post-Brexit, and prefer the lex fori?
2
Havrylenko, N. N., and T. M. Moiseeva. "Great Britain as a strategic partner of Ukraine in the conditions of a full-scale Russian-Ukrainian war." In TOPICAL ISSUES OF SOCIAL SCIENCE UNDER MARTIAL LAW IN UKRAINE. Baltija Publishing, 2024. http://dx.doi.org/10.30525/978-9934-26-428-3-12.
Full text
3
Chernykh, O. S. "Rights of consumers of financial services. Controversial legal regulation of virtual assets (cryptoassets) in the legislation of the European Union, Great Britain and Ukraine." In EUROPEAN POTENTIAL FOR THE DEVELOPMENT OF LEGAL SCIENCE, LEGISLATION AND LAW ENFORCEMENT PRACTICE. Baltija Publishing, 2023. http://dx.doi.org/10.30525/978-9934-26-334-7-15.
Full text
4
Marinković, Milica. "THE ESTABLISHMENT AND DEVELOPMENT OF RAILWAYS IN FRANCE." In International scientific conference challenges and open issues of service law. Vol. 2. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko2.035m.
Full textAbstract:
The author gives an overview of the origin and development of railways in France. Created first for the needs of the mining industry, the railway quickly found its way into all branches of industry. Not only did the railway help the development of industry, but some economic branches, such as tourism, would not even exist in the form we know today without the railway. The development of railways and economy went hand in hand. By analyzing legal texts and decrees, as well as scientific papers from the 19th, 20th and 21st centuries, the author gives a picture of the place of the railway in the economic and personal life of France and the French. The state of France changed several different regimes during the 19th century, but the railway network, as a strategic asset, was continuously expanded over the decades. Unlike other liberal countries of the 19th century, such as Great Britain and the United States of America, in France the state apparatus had an active role in planning and regulating the railways.
5
Tsys, O. P. "METHODS OF ADMINISTRATIVE PRESSURE ON THE ORTHODOX COMMUNITIES OF THE OB-IRTYSH NORTH DURING THE PERIOD OF THE «GREAT BREAKTHROUGH»." In Культура, наука, образование: проблемы и перспективы. Нижневартовский государственный университет, 2021. http://dx.doi.org/10.36906/ksp-2021/33.
Full textAbstract:
The article is devoted to the study of the methods that were used by representatives of the Soviet government for the closure of Orthodox churches and the liquidation of religious communities in the Ob-Irtysh North in the late 1920s – early 1930s. It was noted that, although the termination of the work of religious associations was formalized as the “will of the workers” or as a result of the believers' failure to comply with the requirements of the law, often these formulations hid open financial or political pressure.
6
Jassim TOMAN, Shaimaa, Aymen Raheem ABDULAALI, and Ruqaya Adel HAMZA. "THE AUTHORTY OF THE ADMINISTRATIVE INVESTIGATION AUTHORTY TO GRANT AMNESTY TO THE EMPLOYEE WHEN REPORTING CASES OF ADMINISTRATIVE AND FINANCIAL CORRUPTION." In III. International Congress of Humanities and Educational Research. Rimar Academy, 2022. http://dx.doi.org/10.47832/ijhercongress3-7.
Full textAbstract:
Financial and administrative corruption is one of the most important risks facing the economies of the countries of the world, especially the economies of developing countries, as it represents a waste of wealth or its investment in unproductive areas, as well as the theft of the bulk of it by the corrupt, as corruption in its many forms represents a great challenge to societies and governments as a whole, which It requires the existence of effective, integrated and broad plans and efforts, whether at the economic, social, legal, educational, political or security levels, to eliminate this dangerous phenomenon, because it represents a natural product of abnormal and negative situations in the absence of legal accountability with the progress of effective government legislation, and the importance of research lies in Contribute to the modernization of Iraqi legislation by finding solutions that contribute to detecting corruption crimes in state departments and then trying to limit their spread, as well as encouraging reporting cases of financial and administrative corruption in state institutions. The Code of Criminal Procedure granted the investigative judge the power to offer a judicial pardon to the accused of a felony in Article 129 of the Code of Criminal Procedure No. (23 of 1971), and with reference to the amended State Employees Discipline Law No. 14 of 1994, we did not find such authorization To the administrative investigation authorities, despite the contribution of many state employees to the detection of cases of financial and administrative corruption, and the problem of research arises about whether one of the employees involved in the crime of corruption submitted to his administration for news of administrative and financial violations that constitute a criminal offense if proven, so is it permissible for the investigation authority The administration offered amnesty from prosecution in the event that the employee provided important information that reveals the network of financial and administrative corruption in his department, and does this have any impact on the authority of the criminal investigation? After researching the concept of the public employee and then researching the phenomenon of financial and administrative corruption in state departments and the concept of judicial pardon and the authority of the administrative investigation authority to offer amnesty to the accused, it became clear to us that offering judicial pardon to the accused is the jurisdiction of the investigative judge alone, in exchange for obtaining the testimony of the accused against other perpetrators, and that the administrative investigation authority does not have the authority to offer amnesty to the accused employee, and this pardon does not have any obligatory effect for the investigative judge, and the research concluded with the development of proposals represented in updating laws to confront major developments in the field of methods of committing crimes, by proposing to amend Article (10) From the Law of Discipline of State and Public Sector Employees No. (14 of 1991) and Article 129 of the Code of Criminal Procedure No. (23 of 1971).
7
Yue, Wang, Zhan Lechang, Ma Wenjuan, Zhang Yongxin, and Ma Li. "Research on Approval of Domestic and International Transport Container Application of Radioactive Material." In 2017 25th International Conference on Nuclear Engineering. American Society of Mechanical Engineers, 2017. http://dx.doi.org/10.1115/icone25-66279.
Full textAbstract:
Due to the potentially dangerous properties of radioactive material, it is during the transport that the process of nuclear energy and technology uses are prone to nuclear and radiation accidents. Radioactive material hence must be transported with reasonable containers to achieve heat dissipation, confinement of radioactive material, radiation shielding and prevention of nuclear criticality. The key to transport safety lies in the designing and manufacturing quality of the transport containers. Therefore, the safety supervision for transport containers of radioactive material is a guarantee for the environment and the public from nuclear and radiation hazards, also is international general practice. As the most authoritative international organization, International Atomic Energy Agenda (IAEA) draws up and regularly revises safety regulation ‘Regulation for the Safe Transport of Radioactive Material’, which proposes technical indicators for transport containers of radioactive material and responsibility of competent authorities. According to the transport modes, other international organizations, such as International Maritime Organization, International Civil Aviation Organization, International Air Transport Association, United Nations Economic Commission for Europe, enacted related transport safety regulations based on actual needs. This paper introduces the administrative licensing approval process for the transport containers of radioactive material in China and the research on competent authority and approval procedure in American, Russia, France, Canada, Germany and Great Britain. In China, National Nuclear Safe Administration (NNSA) is responsible for the licensing approval for the transport containers of radioactive material, including designing, manufacturing, using and transporting of transport containers. NNSA also organizes and formulates relevant administrative regulations and approval procedures, and has issued administrative regulation ‘Regulation on the Safe Management for the Transport of Radioactive Material’ and a series of administrative rules, management procedures, guide, technical documents and so on. These regulations established the sort management of radioactive materials and the responsibility for competent authority, and also stipulated approval and supervision for transport and transport containers of radioactive materials. While some other countries, such as America, certifies the transport containers of radioactive material to achieve the control. The domestic and overseas research into administrative licensing approval processes for transport containers is in view of the increasing transport of radioactive material among countries and the requirement of international transport. Transport containers with material of high potential risk, such as spent fuel, need to obtain the transport approval from the competent authority of transit or arrival country. Therefore, the research on domestic and other countries licensing management of transport containers of radioactive material, which is not only beneficial to improving the transport safety management of radioactive material in China, but also can promote international transport campaigns of radioactive material..
8
Abdullah, Yahya. "Judicial oversight of applications submitted to the administration is a reason for its development." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp191-212.
Full textAbstract:
"The administration performs a great task in the life of modern societies, through its intervention to satisfy public needs through the establishment and management of public utilities that aim to achieve the public interest and respond to the requirements and necessities of daily life, as well as protecting public order, and regulating the relationship between them and individuals with constitutional and legal texts, as well as The organizational rules that lay down the general framework for public liberties and individual rights, all to prevent them from practicing any activity outside the framework of legality. Originally, the administration is not obligated to issue its decisions in a specific form, as it is free to choose the external form of these decisions, unless the law requires it otherwise. This requires that the decision be embodied in an external form in order for individuals to know the will of the administration and to adjust their behavior according to its requirements. However, the implementation of this rule on its launch, may negatively affect the rights of individuals, because the administration may sometimes deliberately remain silent about deciding the requests submitted to it, or it may neglect at other times to respond to these requests. Existence of apparent decisions in an external legal form, meaning that the matter remains in the hands of the administration, if it wants it will respond to the requests of individuals, and if it wants to be silent, which constitutes a waste of their rights, a violation of the principle of equality, and confiscation of the right to litigation guaranteed by the constitution, it requires protection of individuals from the inconvenience of the administration And the abuse of their rights, and put an end to the neglect of employees and their indifference to the requests or grievances submitted to them, in addition to the fact that the requirements of the public interest require that the administrative staff exercise the powers entrusted to them by law at the present time. ( ) For these justifications, the legislator intervened in many countries, including France, Egypt, Lebanon and Iraq, to suppose that the administration had announced its will, even if it remained silent or silent about deciding on the request presented to it, and this resulted in an implicit administrative decision of rejection or approval. As a result of the large number of state intervention in the economic and social fields in recent times, it has led to the multiplicity and diversity of state agencies and institutions, and the public administration often does not provide its services to individuals except at the request of individuals. Therefore, it may be difficult for individuals to identify a competent administrative authority to submit their request to. to get those services. He makes a mistake and submits it to a non-competent administrative body. When this authority is silent and does not transfer the request to its competent authority, and the legal period granted to the administration to respond to their requests has passed, individuals resort to the judiciary, and submitting the request to the non-competent authority prevents the judiciary from accepting their claim, which wastes their rights and thus harms them. Therefore, the administrative judiciary in many countries has extended its control over this case to consider the application submitted to a non-competent administrative body as if it was submitted to its competent authority, given that the state is a single public legal person. Accordingly, the request submitted to any party starts from the legal period available to the administration to meet the requests of individuals and in its absence the implicit administrative decision of rejection or acceptance arises. Accordingly, we will study the jurisprudence of the French, Lebanese, Egyptian and Iraqi judiciary in this study. The importance of the study lies in the implications of the subject of requests submitted to the administration, the delay in their completion, the silence of the administration, and the consequent effects and exposure to the rights of individuals. And that it will show how to confront this silence, neglect and intransigence of the administration. The idea of implicit administrative decisions, resulting from the administration’s silence on the requests submitted to it, is an effective means, which makes the administration more positive and enables individuals to confront the administration’s silence, and prevents its intransigence, arbitrariness or neglect. The problem of the research is that can silence be an expression of the will? How do individuals protect themselves from the actions of the administration, and who guarantees its non-bias, arbitrariness and deviation? Does submitting the application to a non-competent body protect the rights of individuals? ? And the extent of judicial oversight on the authority of the administration.? And the extent of the compatibility and divergence of the positions of the administrative judiciary in France, Lebanon, Egypt and Iraq regarding this.? From the above in explaining the importance of the study and its problem, we can deduce the scope of the study, which is the study of judicial control over the requests submitted to the administration by taking an overview of the nature of the requests, their types and distinguishing them from others, and the position of each of the legislation, the judiciary and jurisprudence from it. The research consists of two sections, the first deals with the nature of the request and what is related to it, and the second is judicial control over the applications submitted to the administration, as follows"
9
Малкин, С. Г. "Escalation and Colonial Control in the British Empire during the Interbellum." In Конференция памяти профессора С.Б. Семёнова ИССЛЕДОВАНИЯ ЗАРУБЕЖНОЙ ИСТОРИИ. Crossref, 2023. http://dx.doi.org/10.55000/semconf.2023.3.3.027.
Full textAbstract:
Эпоха Интербеллума сопровождалась непрекращавшимися спорами сторонников различных правовых режимов функционирования колониального порядка в условиях роста повстанческой активности в Британской империи после Великой войны. Дискуссии по этому вопросу отражали теоретические и доктринальные противоречия, а также споры военных и гражданских властей по поводу границ их ответственности в этом вопросе. В статье анализируются изменения в подходах военных к определению параметров обеспечения внутренней безопасности в империи после Великой войны в связи с ограничениями правового характера и новыми вызовами колониальному правлению, обусловленными ростом национально-освободительного движения. В фокусе исследования – взгляды военного класса на юридическую рамку механизма управления колониальными кризисами: цель, задачи, параметры и назначение введения военного и чрезвычайного положения. Такой ракурс исследования позволил по-новому поставить вопрос об эволюции управленческих практик на завершающем этапе развития Британской империи, в эпоху ее деколонизации и трансформации. Особенности развития имперской школы военной мысли Великобритании в условиях возраставшего значения вооруженных сил и одновременного сокращения возможностей использования других рычагов влияния на сохранение власти метрополии в колониях и на иных зависимых территориях также рассматриваются в данной статье. The Interbellum era was accompanied by ongoing disputes between supporters of various legal regimes of the functioning of the colonial order amid the growth of rebel activity in the British Empire after the Great War. Discussions on this issue reflected theoretical and doctrinal contradictions, as well as disputes between the military and civilian authorities over the boundaries of their responsibility in this matter. The article analyzes changes in the military's approaches to determining the parameters of internal security in the empire after the Great War due to legal restrictions and new challenges to colonial rule due to the growth of the national liberation movement. The focus of the study is the views of the military class on the legal framework of the mechanism for managing colonial crises: the purpose, tasks, parameters and purpose of the introduction of martial law and emergency. This perspective of the study made it possible to raise the question of the evolution of management practices in a new way at the final stage of the development of the British Empire, in the era of its decolonization and transformation. The peculiarities of the development of the imperial school of military thought of Great Britain in the context of the increasing importance of the armed forces and the simultaneous reduction in the possibility of using other levers of influence on the preservation of the metropolis power in the colonies and other dependent territories are also considered in the article.
10
ZHOROVA, Iryna, Serhiy DANYLYUK, and Olha KHUDENKO. "Civic education of students by means of literature: european experience." In Învățământul superior: tradiţii, valori, perspective. "Ion Creanga" State Pedagogical University, 2023. http://dx.doi.org/10.46727/c.29-30-09-2023.p108-122.
Full textAbstract:
The article reveals the theoretical and methodical aspects of students’ civic education by means of literature. Emphasis is placed on the fact that in the conditions of unstable development of society, escalation of conflicts both between states and between fellow citizens, the issue of students’ civic education is actualized. The authors understand this concept as a form of social education, the formation of a citizen of a specific state, capable of successfully acting for the sake of preserving democracy and peace. Currently, informal education, in addition to the content of “social and civic competencies” that is understandable for Ukrainian educators, uses the term “competencies for the culture of democracy”, which, according to the authors, is a structured concept implemented in the European dimension of civic education. The authors emphasize that fiction affects human feelings and consciousness, it is a powerful means of moral, aesthetic and civic education. Through artistic images, writers provide an opportunity to form their attitude to the events described, to draw certain conclusions, to reflect on universal values, on the actions of one or another character, to see models of civic active/passive behavior. The article analyzes the European experience of civic education, in particular Great Britain and Germany. The authors take into account the literature of these countries and identify aspects that can serve as a basis for students’ civic education, compare them with the Ukrainian realities of civic education. The authors present the main vectors of civic education in Germany, which are determined by the content of literary works and encourage pluralism of opinions, tolerance for the views and judgments of others, motivate students to actively participate in civic life, awareness of the value of freedom, respect for human dignity, the right to self-expression, responsibility for an individual’s moral choice. The works are also the basis for establishing in teenagers such democratic values as the right to life, to fair treatment, dignity, freedom from discrimination, the right to equality, understanding the need to protect one’s rights and the rights of other people.The analysis of content concepts of literature for pupils in Great Britain shows that the priorities of civic education are national patriotism and the education of a law-abiding citizen. The textual material of the works and civic education lessons help pupils to better understand different forms of governance and their impact on citizens; to understand the responsibility and functions of management and the duties of citizens; to acquire socio-cultural experience that gives the opportunity to feel morally, socially, politically, legally competent and protected in society and to take direct part in the activities of civil society institutions. In Finland, the basic democratic values of the national core curriculum are open democracy, equality, responsibility for one’s own choice. An important focus of education in Finnish high school is gaining experience in shaping the future based on joint decisions and interaction.Taking into account the global trends of digitization, the authors considered digital technologies to be educational innovations in students’ civic education (electronic textbooks (not just digitized, but interactive, with virtual 3D materials that teachers can compose at their discretion), textbook scans for download, various materials: interactive laboratories, virtual museums, forums for teachers to communicate, etc.).
Reports on the topic "Administrative law, great britain"
1
Edwards, Mervyn, David Hynd, and Matthias Seidl. PPR2033 - GB Approval Standards for AVs - Non-ADS Requirements overview report. TRL, June 2024. http://dx.doi.org/10.58446/qolv9243.
Full textAbstract:
The UK Department for Transport (DfT) is developing a vehicle approval scheme to enable the safe and secure deployment of fully automated vehicles in Great Britain. This project developed proposals for administrative, procedural and technical requirements for all technical aspects which do not relate to the automated driving system (ADS). A proposal for the categorisation of fully automated vehicles was developed during the course of the project in collaboration with the Department. For M-/N-category vehicles the proposal included new sub-categories for dual mode (driven manually and by ADS) and single mode (driven by ADS only) vehicles. A new category was proposed for single mode Low Speed Automated Vehicles (LSAVs). For L-category vehicles a new category was proposed for fully automated single mode vehicles exclusively designed for the carriage of goods only. Proposals for pre-deployment, non-ADS technical requirements and test procedures were developed, as far as possible, by application and modification of existing technical regulations within the existing M-/N- and L-category framework regulations. Also developed were proposals for an outline approval process and modifications to the in-use regulations, e.g. Construction and Use. Also, a two- stage stakeholder consultation was performed to solicit views on the proposals and refine them. Finally aspects which require further consideration were collated for the Department’s attention.