Academic literature on the topic 'Delegated legislation'
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Journal articles on the topic "Delegated legislation"
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Lysenko, А. "Experience implementation delegated legislation in France." Uzhhorod National University Herald. Series: Law 1, no. 78 (August 28, 2023): 45–51. http://dx.doi.org/10.24144/2307-3322.2023.78.1.6.
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The article analyzes the history of the emergence and practice of formation, development and functioning of delegated legislation in France. The practice of implementing delegated legislation in France since the 19th century is analyzed step by step and chronologically. The institution of delegated legislation as a form of government participation in the legislative process in France is studied. Issues related to the procedure and conditions for the delegation of legislative powers in France are being studied. Based on the study of the texts of the French constitution, the legal consolidation of the procedure and conditions for the transfer of part of its powers by the parliament is considered. The methods of delegating legislative powers, the procedure for approving delegated acts and their publication are analyzed. The content of the direct and indirect way of delegating legislative powers is disclosed. The main stages of the delegation of legislative powers in France are highlighted. The practice of the V Republic of France was analyzed, where there were such situations when the President, who is an active subject of delegated legislation, refused to sign ordinances submitted to him by the Prime Minister. It has been established that in French legal literature, ordinances are considered as regulatory acts, or as acts of a mixed nature, that is, regulatory from an organic point of view and legislative from a material point of view. The practice of delegation of state powers in France at the regional and local levels was studied and analyzed, and its positive results were highlighted. The main features inherent in the delegated legislation of France are given. It is concluded that the implementation of delegated legislation in France is conditioned by the need for quick and effective competent regulation of its current legislation and its specification. In turn, delegated legislation gave the opportunity to the Parliament of France and its legislative power in general to concentrate its attention on more important issues not only in the political sphere, but also in the legal and economic sphere.
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Kozhevnikov, Vladimir Valentinovich. "About Delegated Legislation." SIASAT 7, no. 2 (April 9, 2022): 82–98. http://dx.doi.org/10.33258/siasat.v7i2.113.
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The problems of delegated lawmaking are considered. The author comes to the conclusion that if the domestic legal doctrine has a negative attitude to the problem of delegated legislation and there are very few examples of it, then in the countries of the Romano-Germanic and Anglo-Saxon legal families, legal science pays increased attention to this problem, and the role and importance, specific the weight of the right delegated in the system of sources of law is constantly increasing.
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Pünder, Hermann. "DEMOCRATIC LEGITIMATION OF DELEGATED LEGISLATION—A COMPARATIVE VIEW ON THE AMERICAN, BRITISH AND GERMAN LAW." International and Comparative Law Quarterly 58, no. 2 (April 2009): 353–78. http://dx.doi.org/10.1017/s0020589309001079.
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AbstractThis article addresses the problem of democratic legitimacy posed by the executive branch's use of delegated legislative powers. After some remarks on the need for delegated legislation and the problem of legitimation the study identifies in a comparative perspective three approaches of ensuring that delegated legislation carries sufficient democratic legitimation. A first means of democratic legitimation is parliamentary predetermination of the executive role. German law proves that the proper legislature under the Damocles sword of unconstitutionality is in many cases well able to prescribe for the executive a substantive programme of delegated legislation. A second technique of democratic legitimation is that parliament in some way participates in the rule-making procedure. German and British law show that by means of subsequent approval the proper legislature assumes political responsibility for subordinate legislation beyond the original empowerment. The US Supreme Court, however, considers the legislative veto to be unconstitutional. Therefore, American law developed a third approach to solve the problem of democratic legitimacy. American experience makes clear that the democratic legitimation of secondary legislation can also be secured by means of comprehensively involving the public in the delegated legislative process. The author assesses the different models for legitimation and explains that the different approaches suggest valuable solutions to each country's problems.
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Yarova, D. "Delegated legislation: a doctrinal analysis of the category." Uzhhorod National University Herald. Series: Law 1, no. 72 (November 16, 2022): 81–85. http://dx.doi.org/10.24144/2307-3322.2022.72.13.
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The article is devoted to the study of existing doctrinal approaches to understanding the concept of "delegated legislation". The relevance of the topic is determined by the new challenges facing Ukrainian society, the need for new mechanisms of rapid state response to potential changes in various spheres of social relations. The article analyzes scientific approaches to defining the category "legislation". Besides, the attention is focused on the fact that some scientists, revealing the essence of the legislation, consider subjects to be the main element, others consider the process of coordination of interests, and still others consider the final result. The article formulates a new definition of the above-mentioned concept, which provides an opportunity to pay attention to all the specified aspects. Within the framework of the study, the attention is focused on the forms of state participation in the legislation, one of which is the delegated legislation. In order to reveal its legal nature, an analysis of both the philological literature, within which the lexical-semantic meaning of the concept was established, and existing scientific approaches to the definition of the category "delegated legislation" was carried out. The article analyzes foreign literature and finds out and researches the English-language equivalents of the above-mentioned concept. The main features of the delegated legislation have been formed, among which a special attention is paid to the following: the presence of the created normative-legal act of the legal force of law; the presence of a legislative authority that is delegated, comes from the law or by direct mandate of the legislative body of the state to another body; ensuring a system of control over the implementation of delegated powers. The author's vision of the concept of "delegated legislation", which specifies the mentioned main features, is substantiated. The peculiarities of the delegated legislation are determined and the relationship with derived categories is clarified.
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Leila, Zhanuzakova. "LEGAL FRAMEWORK FOR DELEGATED LEGISLATION." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 3, no. 74 (September 27, 2023): 40–47. http://dx.doi.org/10.52026/2788-5291_2023_74_3_40.
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This article discusses the institution of delegated legislation. Despite the presence of a large number of publications on this issue in the scientific literature of the neighboring countries, this institution has practically not been studied by domestic scientists. The relevance of this topic is due to the introduction in 2022 into the Constitution of the Republic of Kazakhstan of a norm on the right of the Government to issue temporary resolutions having the force of law, in the presence of threats, provided for in paragraph 2 of Art. 62, with the simultaneous introduction of a draft law in Parliament. Although this norm is a novelty, our country has experience of delegated lawmaking. It was successfully applied during 1995, after the dissolution of the Supreme Council of the XIII convocation, although the Constitution of the Republic of January 28, 1993 recognized the Supreme Council as the sole legislative body. However, before his self-dissolution, on December 10, 1993, he adopted a special Law that granted the President temporary legislative powers. The head of state issued during that period a number of decrees having the force of constitutional or customary law. Later, the right of the President to issue legislative acts was enshrined in the national Constitution of 1995. However, he no longer used this right. The study of foreign legislation shows that the delegation of legislative powers by the parliament to the highest executive body is mainly carried out by adopting a special regulatory legal act with the consolidation of the powers of parliamentary control in relation to such acts. The constitutional legislation of Kazakhstan in this part suffers from certain shortcomings and needs to be improved.
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Dovgan, Xenia E. "Correlation between delegated and framework regulation in Russia and foreign countries." RUDN Journal of Law 26, no. 3 (September 7, 2022): 582–95. http://dx.doi.org/10.22363/2313-2337-2022-26-3-582-595.
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The article is aimed at studying the relationship between delegated and framework regulation based on the analysis of legal doctrine and legislation. The analysis of modern legislation indicates the modernization of the traditional foundations of legal regulation that previously existed in the state. The dynamics of social relations encourages the legislator to search for new ways of effective legal regulation. Such forms of regulation that are designed for repeated use are becoming relevant. It is determined that the main form of interaction between framework and delegated regulation is the framework legislation. The features of each type of legal regulation designate the content of its forms (sources); within the framework of delegated regulation, framework legislation acts as its element, ensuring the transfer of legislative powers. The features of “framework legislation” and its place in the system of sources of delegated regulation are in the focus.
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Van Rensburg, L. J. "Die aard van wetgewende diskresies by die Suid-Afrikaanse uitvoerende gesag." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 3, no. 2 (July 10, 2017): 25. http://dx.doi.org/10.17159/1727-3781/2000/v3i2a2887.
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This article focuses on the nature of legislative discretions in the hands of the executive authority of the state.Relevant concepts are analysed, followed by an exposition of the position regarding delegation of legislative authority to the executive under the previous constitutional dispensation when the country had a sovereign Parliament. This is followed by a discussion of the legal position in Germany, which shows similarities to the situation in South Africa. It appears that differences in approach to the problem exist worldwide, but one similarity is to be found in all, namely that a complete parliamentary abdication of legislative authority is always disallowed. What follows from this is that South African law seems to follow the German example regarding the delegation of legislative powers. It seems that the South African Constitutional Court considers the delegation of essential legislative authority as undesirable. Limits have to be placed on the extent of Parliament's competencies pertaining to legislative delegation. Furthermore the manner and form requirements in the Constitution must be met when legislation is adopted. This however does not occur in all instances of legislative delegation to the executive authority. When legislative delegation takes place, it is consistently done by granting the executive the authority to adopt subordinate legislation, which in any event has the same legal effect as legislation of Parliament itself.Next the Transitional Constitution of 1993 is considered against the background of relevant case law. It appears that the legal position was not changed by the promulgation of the ("final") Constitution of 1996. Empowering legislation that delegates any legislative authority must lay down guidelines providing direction regarding the exercise of the delegated authority. Delegated legislation may of course not contain substantive norms.Like the German Bundesverfassungsgericht, the South African Constitutional Court seems to require empowering legislation to lay down the content, extent and purpose of the empowering provisions before it will enjoy legal effect. This content, extent and purpose will not primarily be evident from the delegated legislation, but must be contained in the empowering legislation itself. If this is not the case, the delegation of authority will have exceeded constitutional limits. Therefore, a wide delegation of legislative authority without limitations regarding its exercise, at least as far as content, extent and purpose are concerned, will without doubt be unconstitutional.
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Sjarif, Fitriani Ahlan. "Delegated Legislation Making Models in Indonesia within 1999-2012." Pandecta Research Law Journal 18, no. 1 (June 23, 2023): 133–49. http://dx.doi.org/10.15294/pandecta.v18i1.44476.
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Based on the UUD 1945, delegated legislation in Indonesia is Government Regulations made by the President. The making of delegated legislation from 1999 to 2012 has shown some development in how delegated legislation is made. Therefore, this article shows three traditional models of delegated legislation in Indonesia between 1999 to 2012 that are different from the stipulations provided within the UUD 1945. Practice shows that there are 3 traditions of delegation legislation making models in Indonesia. Such tradition is not in accordance with the provisions in the Indonesian constitution. Therefore, it is necessary to control the delegation of Laws in Indonesia by selecting government regulations as delegated legislation.
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Shindina, A. V. "Some Issues of the Implementation of Delegated Legislation as a Way to Improve the Current Legislation." Pravo istoriya i sovremennost, no. 4(17) (2021): 153–58. http://dx.doi.org/10.17277/pravo.2021.04.pp.153-158.
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The article comprehensively investigates the constitutional and legal nature of the institution of delegated legislation. The author raises the question of the possibility of implementing the institution of delegated legislation into the existing system of separation of powers, enshrined in the current Constitution of the Russian Federation. The author considers the possibility of implementing the delegation of powers in terms of the development of regulatory legal acts, as well as the exclusive right to implement delegated legislation, as one of the ways to improve the current legislation. The paper emphasizes the relationship between the quality of the law-making process and the possibility of effective transformations in modern Russia. Examples of the implementation of the institution of delegated legislation both in a number of foreign countries and in Russia are given. The author not only substantiates the need for the development of delegated legislation, but also separately studies the issue of creating professional lawmaking.
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Chae, Mikang. "Parliamentary Control of Delegated Legislation." European Journal of Law Reform 23, no. 1 (April 2021): 95–114. http://dx.doi.org/10.5553/ejlr/138723702021023001004.
Full textDissertations / Theses on the topic "Delegated legislation"
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Smit, Susan. "The South African Parliament's oversight of delegated legislation." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29476.
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This thesis presents an analysis of the South African Parliament’s attempts to create a mechanism to enable oversight of delegated legislation. The question sought to be addressed is, whether Parliament has done anything to create a mechanism to oversee the delegation of its law-making authority to the executive and if so, whether any of these efforts have been successful. This paper illustrated how the making of delegated legislation is not foreign to South Africa’s system of separation of powers as provided for in our Constitution and as interpreted by our courts. It is shown how, despite what the Constitution allows, recent law-making efforts have not strengthened Parliament’s ability to oversee delegated legislation. Instead legislators purposefully sought to curb attempts to improve rule-making and delegated legislation. Similarly, efforts to make delegated legislation more accessible to the public have been missing from government’s list of priorities. The South African Parliament’s efforts to scrutinise delegated legislation is contrasted with the efforts of the Gauteng Provincial Legislature and several foreign legislatures. Finally, it is indicated how Parliament, after more than 20 years since the promulgation of the final Constitution, has failed to create a permanent mechanism to enhance and strengthen its oversight of delegated legislation.
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Keyes, John Mark. "Judicial review of delegated legislation the rule of law and the law of rules." Thesis, University of Ottawa (Canada), 1985. http://hdl.handle.net/10393/5029.
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SAAVEDRA-BAZAGA, Alicia Isabel. "Adaptive and symbiotic : regulation at the boundaries of administrative law." Doctoral thesis, European University Institute, 2022. https://hdl.handle.net/1814/74743.
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Defence date: 14 July 2022Examining Board: Deirdre Curtin, Supervisor, (EUI); Joanne Scott, (EUI); Javier Barnes, (Universidad de Huelva/UPF); Joana Mendes, (University of Luxembourg)
The revised version of the PDF of 2023 contains the author acknowledgements.
In the context of a reconfigured public-private regulatory landscape, this thesis analyses, through the lenses of administrative law, regulatory activities with a public law impact. It critically assesses whether those activities are performed by non-state regulators in compliance with administrative law principles that are required for this kind of activity when performed by a public regulator. It proposes a tailored use of administrative law principles as public law control for such regulatory activities. Three separate levels of engagement with regulation are pin-pointed. First, the movement from private actors internalizing a public logic in regulation to private actors performing as regulation shapers; second, the progression from administrative law principles applied to public regulation to administrative law-like principles applied in non-conventional forms of regulation; third, the evolution from a preeminently subject-centered logic in administrative law to an increase in the use of a functional logic. These underlying trajectories will be demonstrated through three different examples of non-conventional forms of regulation: regulation through information, regulation through standards and regulation through professional codes. The presence of administrative law principles in these examples of non-conventional forms of regulation will be analysed with a focus on whether and how they contribute to governing the relationship between these non-conventional regulators and citizens. This work is structured as follows. Chapters two and three analyse administrative laws adaptative capacity, in domestic and beyond the state settings, respectively, providing the theoretical framework for administrative law. Chapter two will show how administrative law has developed in different national contexts to adapt to new phenomena over time. The adaptative capacity of administrative law will become more evident in chapter three in relation to new phenomena beyond the state, where nonstate actors are emerging as more relevant in regulatory and governance areas. Chapter four provides a theoretical framework for regulation and analyses it in relation to administrative law as portrayed in previous chapters. This chapter attempts to understand what is meant by regulation in the context presented in previous chapters. Chapter five presents three examples that illustrate the interplay between private and public rule-makers at different levels as well as the concerns that may arise from a public law point of view.
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卓倩芝. "澳門基本法下授權立法可行性之初析 =The analysis of authorized legislation feasibility under the Macao Basic Law." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3570916.
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Chisté, Igor Lubiana. "Competência regulamentar tributária." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21675.
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Igor Lubiana Chisté.pdf: 2024072 bytes, checksum: 130f200fc250dcfd31004924851a5480 (MD5)Made available in DSpace on 2018-12-04T11:47:44Z (GMT). No. of bitstreams: 1 Igor Lubiana Chisté.pdf: 2024072 bytes, checksum: 130f200fc250dcfd31004924851a5480 (MD5) Previous issue date: 2018-10-19
The purpose of this master’s thesis is to analyze the subject of “regulatory competency” when inserted in the proper field of tax law, subdue, therefore, to the limitations and inflows of the constitutional tax subsystem. It is known that, not rare, the Government conveys generic and abstract commands that resume to the terms of tax laws with the scope to enable a correctly execute and application of them. In other cases, the Executive Power itself is enabled to reduce or reestablish, through regulations, the aliquots of certain and determinate extra-fiscal and regulatory taxes. On the other hand, the constitutional system establishes material limitations that assumes their own connotations when are aimed to disciplining issues related to taxation which, essentially, involves themselves directly with individual freedom and property. In effect, this thesis will attempt to examine the regulatory activity when included in the tax context for the purpose of defining it, elucidating its species and investigating how the rules and taxation constitutional principles discipline the exercise of this administrative normative function
A proposta da presente dissertação de mestrado é analisar o tema da competência regulamentar quando inserida no campo próprio do direito tributário, sujeita, portanto, às limitações e aos influxos do subsistema constitucional tributário. Sabe-se que, não raramente, a Administração Pública veicula comandos genéricos e abstratos que se reportam aos termos de leis tributárias com o escopo de lhes viabilizar uma correta execução e aplicação. Em outros casos, o próprio Poder Executivo figura como habilitado para reduzir ou restabelecer, via regulamentos, as alíquotas de certos e determinados tributos extrafiscais e regulatórios. Em contrapartida, o sistema constitucional fixa limitações materiais que assumem conotações próprias quando voltadas a disciplinar temas afeitos à tributação que, essencialmente, se envolvem diretamente com a liberdade e com a propriedade individuais. Com efeito, este estudo intentará examinar a atividade regulamentar quando incluída no contexto tributário com a finalidade de defini-la, elucidar suas espécies e averiguar como as regras e os princípios constitucionais tributários disciplinam o exercício dessa função normativa administrativa
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Guardiola, Sánchez Inés. "Ejecución de las penas." Doctoral thesis, Universitat de Barcelona, 2016. http://hdl.handle.net/10803/403921.
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El objeto de mi estudio son las formas de suspensión y sustitución de la ejecución de las penas privativas de libertad, medidas previstas y reguladas en el Capítulo III del Código Penal, en adelante CP, ex arts. 80 a 94 del mismo, así como los beneficios penitenciarios que pueden obtenerse a lo largo del cumplimiento de una pena privativa de libertad, esto es, las normas y leyes del Derecho Penitenciario.
Procuro dar una orientación desde el punto de vista del ejercicio de la abogacía y, especialmente, bajo el prisma del derecho de defensa, reconocido no sólo durante el procedimiento penal, sino también en la fase final de la condena mediante los beneficios que prevé la legislación penal y penitenciaria para el cumplimiento efectivo de las penas.
Coincidiendo con la realización del presente estudio, se ha llevado a cabo una profunda reforma del CP, en especial de su tercer capítulo, mediante la LO 1/2015, de 30 de marzo, que modifica la LO 10/1995, de 23 de noviembre, y que ocupará la mayor parte de mi investigación.
Esta reforma ha comportado cambios sustanciales del CP, ya que el transcurso del tiempo y las nuevas demandas sociales evidenciaban la necesidad de incluir determinadas modificaciones. Entre otras cosas, se introduce como novedad el supuesto de la prisión permanente revisable, pero además se modifican las reglas penológicas, el régimen de suspensión, sustitución, libertad condicional, antecedentes penales y comiso aplicado, novedades todas ellas que analizo detalladamente. Igualmente, la reforma cambia el modo de valorar el cumplimiento de la responsabilidad civil y la sustitución de la prisión por expulsión del territorio nacional, aspectos ambos que también se estudian en la presente tesis.
Todos estos cambios sustanciales en el CP me han obligado a reorientar todo el contenido de la investigación, que finalmente ha dado lugar a la presente tesis, que se ha estructurado en seis partes. La primera abarca los supuestos generales y especiales de suspensión; en la segunda analizo los beneficios de la sustitución de las penas privativas de libertad; la tercera lo es a razón del cumplimiento de las penas de prisión, a saber los beneficios penitenciarios y el régimen y tratamiento que prevé la ley penitenciaria; en la cuarta parte estudio la última etapa del cumplimiento de una pena privativa de libertad, a saber la libertad condicional; la quinta se centra en la libertad vigilada y, finalmente, la prisión permanente, contemplada en el nuevo CP, ocupa la última y sexta parte.
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Zarei, Mohammad Hossein. "The applicability of the principles of Judicial review to the delegated legislative powers of ministers." Thesis, University of Manchester, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.496373.
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Chbane, Abdellah. "Le cadre juridique de la gestion déléguée des services publics au Maroc." Thesis, Paris 2, 2020. http://www.theses.fr/2020PA020004.
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L’objectif de notre thèse était d’analyser l’état de départ puis l’évolution de la législation marocaine dans le domaine de la gestion déléguée du service public. L'appel au secteur privé dans le cadre de partenariats public-privés pour la gestion des services de distribution d’eau, d’électricité, d’assainissement liquide a été initié au Maroc dès 1997 et pris souvent la forme juridique de la "gestion déléguée" via la loi 54-05 de 2006. Nous examinerons dans cette thèse le cas de la France comme exemple pionnier en Europe, et celui d’un pays arabo-africain, le Maroc. L’étude de ces deux expériences permet d’avoir une vision comparative de la problématique de la gestion déléguée.Dans le cas français, il s’agit de voir les fondements d’un système devenu un modèle exporté. En prenant en compte dans le cas marocain d’abord ce qu’était le service public dans la tradition marocaine et islamique, puis ce qu’elle est devenue lors du protectorat français et enfin, en analysant ce que fut l’étape de la propriété publique lors de la décolonisation puis l’impact du « modèle français de gestion déléguée ». En étudiant ce modèle né d’abord assez spontanément au Maroc en l’absence de cadre juridique cohérent, puis son adaptation progressive mais néanmoins accélérée. Nous avons étudié l’évolution du droit et de son esprit au Maroc et les défis qui s’imposent désormais au législateur face aux exigences d’une société jeune, exigeante et consciente des formes que prend l’évolution de l’économie et du droit dans le monde entier. Ce qui impose aujourd’hui une nouvelle transformation de la législation marocaine devant prendre en compte la nécessité de former de nouveaux équilibres juridiquesThe objective of our thesis was to analyse the initial state and then the evolution of the Moroccan legislation in the field of delegated public service management. The call made to the private sector within the framework of public-private partnerships for the management of water supply, electricity and liquid sanitation services was initiated in Morocco in 1997 and often took the legal form of "delegated management" via the Law 54-05 of 2006. In this thesis, we will examine the case of France as a pioneering example in Europe, and the one of an Arab-African country, Morocco. The study of these two experiments provides a comparative view of the problem of delegated management.In the French case, it is a question of observing the foundations of a system that has become an exported model. By taking into account in the Moroccan case first what public service was in the Moroccan and Islamic tradition, then what it became during the French protectorate and finally, by analysing what was the stage of public ownership during decolonisation and then the impact of the "French model of delegated management". By studying this model, which was first born quite spontaneously in Morocco in the absence of a coherent legal framework, and then its gradual but nevertheless accelerated adaptation. We studied the evolution of the law and its spirit in Morocco and the challenges that legislators now face in meeting the requirements of a young, demanding and conscious society aware of the forms that the evolution of the economy and law is taking throughout the world. What now requires a new transformation of the Moroccan legislation that must take into account the need to form new legal check and balances
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Lineberry, Michelle J. "THE ROLE AND IMPACT OF SCHOOL NURSES AND INTENTIONS TO DELEGATE DIABETES-RELATED TASKS AMIDST BUDGET CUTS AND LEGISLATIVE CHANGES." UKnowledge, 2016. http://uknowledge.uky.edu/khp_etds/33.
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As the percentage of school children with chronic conditions such as diabetes continues to rise, funding for school nurses to keep those students healthy and safe is decreasing. This dissertation includes three studies: (1) a systematic review of the literature on the role and impact of American elementary school nurses, (2) a focus group study that further examined the role of Kentucky school nurses and described their reaction to a new regulation that necessitates delegation of diabetes-related nursing tasks to unlicensed assistive personnel (UAP), and (3) a quantitative study that examined Kentucky school nurses’ past behaviors and future intentions regarding the delegation of diabetes-related tasks.
A systematic review of the literature revealed that activities of school nurses can be conceptualized into four major areas: (a) health promotion and disease prevention; (b) triage and treatment of acute issues (e.g., injuries and infectious diseases); (c) management of chronic conditions; and (d) psychosocial support. School nursing activities are associated with increased attendance, higher quality schools, and cost savings.
Focus groups in three regions of Kentucky found that Kentucky school nurses fulfill the same major roles as their counterparts across the nation, and face similar challenges such as lack of time, limited resources, language barriers, and communication issues with families. School nurse participants described their biggest impact on students as identifying and addressing students’ physical and psychosocial barriers to learning. While recent legislation was passed in Kentucky necessitating the delegation of insulin administration to UAP, school nurses had not experienced many changes at the time of the focus groups. However, some nurses said that their districts were not planning to delegate insulin administration and intended to keep a nurse in every school. Others appreciated the prospect of having more trained staff in schools to recognize signs of distress in chronically ill students.
A statewide survey of 111 Kentucky school nurses indicated that nurses’ past delegation behaviors and future intentions related to delegation are rooted in the level of skilled decision-making that must occur and the risk to the student if the wrong decision is made. Unfortunately, school nurses’ intentions to delegate higher-stakes tasks (e.g. carbohydrate counting, insulin dose verification, and insulin administration) were significantly stronger than their support for (attitude related to) delegation of those tasks, which is disconcerting both for the safety of students as well as for the liability retained by delegating nurses. This disparity between support and intentions indicated that school nurses anticipate that they will have to delegate certain tasks to UAP despite their discomfort with delegating them, most likely due to high workload and lack of resources.
Additional studies should be undertaken to determine the impact of legislative changes on the delivery of school health services in Kentucky and other states, particularly once school districts and nurses have had adequate time to adjust to new laws. Such studies should investigate to whom nurses are delegating health services, what tasks are being delegated, and the extent and process of training that UAP receive. Future surveys should utilize perceived behavioral control items that assess situational control (e.g. policy, workload) over delegation rather than, or in addition to, efficacy of individual skills required for delegation of nursing tasks. Researchers must further explore the discrepancies between attitude and intentions; that is, why are nurses planning to delegate tasks to UAP if they do not support the delegation of those tasks?
Kentucky school nurses are champions of health promotion for children, not only in their provision of health services and health education, but also in the area of school health policy. School nurses should train UAP so that more school staff can recognize signs of distress in students with diabetes, but at the same time should continue to advocate and seek funding for a nurse in every school with the help of the Every Student Succeeds Act.
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Juan, Muriel. "Continuité de l’emploi et évolution des activités publiques." Thesis, Pau, 2012. http://www.theses.fr/2012PAUU2011/document.
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Phénomène classique en droit privé du travail, l’évolution d’une activité et le sort réservé aux salariés de droit privé qui y sont affectés figure parmi les thèmes fondamentaux du droit social contemporain, et fait, à ce titre, l’objet d’une jurisprudence relativement stabilisée et d’une littérature abondante. La problématique sociale des évolutions d’activités publiques, pour être tout aussi essentielle sinon plus que celle qui irrigue le secteur économique classique, souffre à l’inverse d’un manque d’analyse globale et approfondie, du moins de l’absence d’une mise en perspective de l’ensemble des hypothèses où elle est amenée à être soulevée. L’approche de la présente recherche est donc d’envisager la problématique sociale liée aux évolutions d’activités publiques dans sa globalité, en embrassant l’ensemble des hypothèses génériques concernées tant d’un point de vue organique – nature des personnels concernés comme nature des entités d’origine et d’accueil – que matériel – externalisation d’activités publiques, reprise en régie, décentralisation de compétences, transfert intercommunal de compétences, privatisation d’établissements publics, etc. L’ambition est ici de révéler le caractère primordial de la donnée sociale dans la conduite des évolutions d’organisation ou de gestion des activités publiques, et d’apporter, dans la démarche pratique qui est la nôtre, les clés essentielles à la résolution de la problématique sociale qu’elle peut engendrer, quelque soit l’hypothèse sur laquelle elle porte. Il s’agit, en premier lieu, en fonction de la nature publique et/ou privée des personnels concernés, d’identifier clairement les obligations de transfert des personnels de nature légales - d’ordre interne comme communautaire - ou conventionnelles, et de les confronter à la volonté politique de conserver ou réaffecter ces personnels. Il convient, en deuxième lieu, de préciser les modalités de transfert des personnels concernés. Il s’agit tout particulièrement de vérifier la nécessité d’obtenir un accord exprès de leur part, de formaliser le transfert par la signature par un contrat de travail ou encore de solliciter les institutions représentatives du personnel pour procéder au transfert effectif des agents. Il est, en troisième et dernier lieu, important d’envisager précisément les conséquences du transfert des personnels tant pour la structure d’accueil que pour les agents eux-mêmes, en termes financiers (niveau de rémunération, avantages individuels acquis, etc.) et opérationnels (organisation interne des ressources humaines, répartition des pouvoirs hiérarchiques entre structure d’origine et d’accueil pour les personnels mis à disposition, etc.)Classical phenomenon in labour law, the changes which happens in an activity’s management or organisation and the resulting question of the employee’s fate appears like one of the most important contemporary labour law’s subject. Despite it concerns public undertakings engaged in economic activities, whether or not they are operating for gain, as well as private undertakings, this dimension is nevertheless well known and characterised by a lack of detailed analysis, at least by a putting in perspective’s lack of all hypothesis concerned. Consequently, this study chooses to consider the social issue following public activities changes in its globality by including all cases concerned, as well in an organic point of vue (employees nature, original structure or welcoming structure nature) then in a material point of vue (public activities externalization, return of an activity under a public control, decentralization, powers’ transfers between local authorities, privatization of public ownerships, etc.). This study’s aim is to reveal the importance of the human element in the event of a change on activity’s management or organisation and to give, in a practical view, the keys to resolve the social issue which belongs to each activity’s changes, whatever is the working hypothesis concerned. First, depending on the public or private nature of the personnel, it should be clearly identified the tranfer’s obligations which could exist according to labour legislation or a collective agreement and to bring them face to political decision to keep or redeploy employees. Then, it must be explained the procedure of transfer. More particularly, it should be confirmed if the transfer needs to be accepted by each employee, to be formalized by a contract signature or as well to be submitted to union companies. Finally, it is important to envisage precisely the transfer consequences as for employers then for employees, in financial (wages, individual or collective benefits, etc.) and operational terms (human resources organisation, management rules between original employer and new employer in case of provided civil servant, etc.)
Books on the topic "Delegated legislation"
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Pearce, D. C. Delegated legislation in Australia. 4th ed. Chatsworth, NSW: LexisNexis Butterworths, 2012.
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Pearce, D. C. Delegated legislation in Australia. 2nd ed. Sydney: Butterworths, 1999.
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Section, Fiji Attorney-General's Chambers Legislative Drafting. General index, acts & subsidiary legislation. Suva, Fiji: Republic of Fiji, Attorney General's Chambers, 2001.
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Mauritius. Subsidiary legislation of Mauritius, 1988. Port Louis, Mauritius: Best Graphics Ltd., 1988.
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Wellington, Victoria University of, ed. Subdelegated legislation, 1877-1948. Wellington, N.Z: Tokelau Administration, Victoria University of Wellington, 1986.
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Solomon Islands. Department of the Prime Minister and Cabinet. The legislation handbook. Solomon Islands]: Solomon Islands Government, Dept. of the Prime Minister and Cabinet, 2005.
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Mauritius. Subsidiary legislation of Mauritius, 1998. Port Louis, Mauritius: Best Graphics Ltd., 1998.
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Dekany, Andrew C. Commonwealth developments in the control of delegated legislation. Toronto, Ont: A.C. Dekany, 1986.
Find full textBook chapters on the topic "Delegated legislation"
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Singh, Mahendra P. "Legislative Powers: Delegated Legislation." In German Administrative Law, 19–31. Berlin, Heidelberg: Springer Berlin Heidelberg, 1985. http://dx.doi.org/10.1007/978-3-662-02457-7_2.
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Singh, Mahendra P. "Legislative Powers of the Administration: The Delegated Legislation." In German Administrative Law in Common Law Perspective, 41–61. Berlin, Heidelberg: Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-662-07456-5_2.
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Martinek, Madeleine. "Delegated Legislative Power of the Shenzhen SEZ." In Experimental Legislation in China between Efficiency and Legality, 121–83. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-77616-3_4.
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Oliver, Dawn, David Miers, and Paul Evans. "Untouched by Reform — Private Members Bills and Delegated Legislation." In The Future of Parliament, 133–44. London: Palgrave Macmillan UK, 2005. http://dx.doi.org/10.1057/9780230523142_13.
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Walkland, S. A. "Consultation and the Role of Pressure Groups in Delegated Legislation." In The Legislative Process in Great Britain, 44–54. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003227274-5.
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Murphy, Ryan, and Frances Burton. "Law-making in the English Legal System II – Delegated (Secondary) Legislation." In English Legal System, 111–51. Abingdon, Oxon ; New York, NY : Routledge, 2020. | Series: Spotlights: Routledge, 2020. http://dx.doi.org/10.4324/9781315768526-5.
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van der Burg, Martijn. "Prefects: ‘Tools of Conquest’." In Napoleonic Governance in the Netherlands and Northwest Germany, 93–122. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-66658-3_5.
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AbstractThis chapter is concerned with the introduction of the prefectoral system in the North. The introduction of préfets was an expression of the desire to create a modern civil administration answerable to the central government. Attention is paid to its implementation, the selection and circulation of prefects, and their relationships with other actors. Napoleonic territorial governance meant a significant break with tradition, but its implementation was far from perfect. Although French legislation itself was not altered, in practice, many issues hindered the functioning of the prefectoral system in the incorporated departments, such as redrawing geographical borders and lack of understanding of Napoleonic governing practices. Creating support was difficult when no consideration was given to local circumstances and wishes—a challenge delegated to prefects. Stimulating personal mobility between different parts of the Empire was a possible means of accelerating integration. The case of the prefects in the Netherlands and Northwest Germany shows how the flow of imperial models, officials, and knowledge contributed to the interconnectedness of the different parts of the Napoleonic Empire, or conversely, how the lack thereof hindered integration.
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Marissen, Vicky. "The European Parliament and EU Secondary Legislation: Improved Scrutiny Practices and Upstream Involvement for Delegated Acts and Implementing Acts." In European Administrative Governance, 143–59. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-97391-3_7.
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"Delegated legislation." In Government Accountability, 89–128. Cambridge University Press, 2018. http://dx.doi.org/10.1017/9781108147583.005.
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"Delegated legislation." In Government Accountability Sources and Materials, 52–78. Cambridge University Press, 2018. http://dx.doi.org/10.1017/9781108147590.005.
Full textConference papers on the topic "Delegated legislation"
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Hušek, Petr. "Pozice romského poradce jako příklad regionální disparity romské integrace v České republice." In XXIII. mezinárodní kolokvium o regionálních vědách / 23rd International Colloquium on Regional Sciences. Brno: Masaryk University Press, 2020. http://dx.doi.org/10.5817/cz.muni.p210-9610-2020-55.
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The paper focuses on regional disparities in ensuring the delegated powers of exercising the rights of Roma minority, specifically on the position of Roma adviser in municipalities with extended powers. Available data, national documents, policy papers are starting point for analysis of changing institutional back-up of the position of Roma adviser as a tool for ensuring the integration of the Roma minority at the regional level. Subsequently, there is a comparison of regional disparities in the positions of Roma advisor at the regional level. Reasons for observed disparities are identified in the persistent legislative vacuum, which arose after the abolition of district councils accompanied by the transfer of the delegated powers of exercising the rights of members of the Roma community to the municipalities with extended powers. Regional authorities are unable to enforce the establishment of the position of Roma advisor in municipalities with extended powers. Therefore, many municipalities prefer to not have any Roma advisor at all, or mostly Roma advisor became part time-job. Sometimes reluctance to ensure the Roma integration agenda by municipalities is on rise, which we can finally be seen on the three main types of argumentation lines used to defend the non-existence of the position of Roma advisor in the administrative architecture of municipalities.
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Bilić, Antun. "What are the Special Usances in Construction?" In 6th IPMA SENET Project Management Conference “Digital Transformation and Sustainable Development in Project Management”. International Project Management Association, IPMA Publications, and Faculty of Civil Engineering, University of Zagreb, Croatia, 2023. http://dx.doi.org/10.5592/ce/senet.2022.10.
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Half a year ago, the Croatian Chamber of Economy and the Croatian Employer’s Association issued the Special Usances in Construction, which regulate the legal relationship between the client (employer) and the contractor. This continues a long tradition of codifying the commercial usages into usances (uzance). It was, however, never sufficiently explored whether the commercial usages can at all be codified. Even if the answer is affirmative, it was not sufficiently explored whether the usances indeed reflect the existing commercial usages. The aim of this research paper is to bridge such gap by analysing the nature of usances and, in particular, the Special Usances in Construction. Several methods are used. First, the textual analysis of the usances. Second, the analysis of jurisprudence. Third, historical method, which explores the origin of usances in former Yugoslavia. The analysis leads to the conclusion that neither earlier usances nor the Special Usances in Construction reflect the existing commercial usages. Instead, they imitate statutory provisions, e.g. by containing the date of the entry into force and even (purportedly) mandatory provisions. Consequently, the Special Usances in Construction have to be qualified as a quasi-legislative instrument. Considering that the legislative power cannot be delegated, unless the parties agree on their application, the Special Usances in Construction cannot be used as a source of law.
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Bilić, Antun. "What are the Special Usances in Construction?" In 6th IPMA SENET Project Management Conference “Digital Transformation and Sustainable Development in Project Management”. International Project Management Association, IPMA Publications, and Faculty of Civil Engineering, University of Zagreb, Croatia, 2023. http://dx.doi.org/10.5592/co/senet.2022.10.
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Half a year ago, the Croatian Chamber of Economy and the Croatian Employer’s Association issued the Special Usances in Construction, which regulate the legal relationship between the client (employer) and the contractor. This continues a long tradition of codifying the commercial usages into usances (uzance). It was, however, never sufficiently explored whether the commercial usages can at all be codified. Even if the answer is affirmative, it was not sufficiently explored whether the usances indeed reflect the existing commercial usages. The aim of this research paper is to bridge such gap by analysing the nature of usances and, in particular, the Special Usances in Construction. Several methods are used. First, the textual analysis of the usances. Second, the analysis of jurisprudence. Third, historical method, which explores the origin of usances in former Yugoslavia. The analysis leads to the conclusion that neither earlier usances nor the Special Usances in Construction reflect the existing commercial usages. Instead, they imitate statutory provisions, e.g. by containing the date of the entry into force and even (purportedly) mandatory provisions. Consequently, the Special Usances in Construction have to be qualified as a quasi-legislative instrument. Considering that the legislative power cannot be delegated, unless the parties agree on their application, the Special Usances in Construction cannot be used as a source of law.
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Nikač, Željko, and Vanda Božić. "PRAVNI I INSTITUCIONALNI OKVIR ZA RAD POLICIJE KAO USLUŽNOG SERVISA GRAĐANA." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.667n.
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In modern society, the model of organization and the method of police work derive from the legal system of the state based on the development of parliamentarism, democracy and the rule of law. In developed countries of common and continental law, the dominant model of police organization and work is community policing, according to which the police and community are working together, and the police is the service of citizens. Serbia and the ex-YU member states have accepted the same model as part of the police reform. Model of police organization and method of work is in the function of performing the delegated tasks and duties, for the benefit of the community and citizens, with respect for and protection of human rights and civil liberties. The report presents the legal and institutional framework for the organization and work of the police, in the form of international and national legal sources, among which the Police Law of Republic of Serbia takes a central place. In the function of service provision, "tools" for police work - powers, measures and actions are highlighted. Finally, the initial proposals de lege ferenda for improving the legislative framework have been presented and the importance of the police as a citizen service in the context of European integration has been highlighted.
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Stielau, Karl. "An Investigation into the Performance of First Year Students in Mathematics and Statistics as a South African University." In Proceedings of the First Scientific Meeting of the IASE. International Association for Statistical Education, 1993. http://dx.doi.org/10.52041/srap.93208.
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Statistics departments, and indeed universities, in South Africa are at present in a considerable state of flux. If one examines the state of tertiary education in South Africa (S.A. henceforth) ten years ago the changes are evident to even a casual observer. Although for many years the traditionally liberal campuses have defied apartheid legislation in formulating admission policies, it is a fairly recent phenomenon that universities such as Natal, Cape Town, Rhodes and Witwatersrand have clearly stated their intention (often as a Mission Statement) to make both the student body and the staff correspond as closely as possible to the community in which each university finds itself. This has resulted in a long overdue change in the type of applicants for entrance, and in particular to Statistics courses, that these bodies receive. In Natal the position is exacerbated by the large number of school education departments that issue matriculation certificates to school leavers; these are meant to allow the individual to enter a university without further examination. The proliferation of such departments is a glaring legacy of apartheid and their incorporation into a single education department appears certain under a new political dispensation. During 1991 and 1992 the Statistics & Biometry Dept. at the University of Natal admitted students from: Natal Education Dept.; Department of Education and Training; KwaZulu Education Dept.; Joint Matriculation Board; House of Representatives; House of Delegates; Cape, Transvaal and Orange Free State Education Dept.'s; as well as a large number of "homeland" departments, such as Ciskei, Transkei, Venda, Bophutatswana and adjoining states, in particular Zimbabwe.
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Gershman, Harvey W. "The Latest and Greatest on the Resurgence of Waste-to-Energy and Conversion Technologies." In 18th Annual North American Waste-to-Energy Conference. ASMEDC, 2010. http://dx.doi.org/10.1115/nawtec18-3503.
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This presentation will provide a historical perspective on the development of waste-to-energy (WTE) and conversion technologies in the 1970s and 1980s. During this time period, U.S. EPA provided grant assistance to a variety of projects and technologies including refuse derived fuel (RDF) production, RDF combustion, pyrolysis, gasification and anaerobic digestion. This presentation will also provide the latest, up-to-date information about WTE and alternative technologies, including data on costs, and current status of projects developing across North America as they exist in 2010. It will provide a review of WTE technologies as an element of integrated solid waste management systems and highlight some of the advances which have been moved into production units to make WTE environmentally friendly. It will also include a brief look at plants worldwide, followed with a focus on facilities, technologies and companies operating in the U.S. Specific examples of technologies and associated facilities will include: –Mass Burn; –Modular; –RDF - Processing & Combustion; –RDF - Processing Only; –RDF - Combustion Only. Municipal waste combustors are regulated under the federal Clean Air Act (CAA), originally passed by Congress in 1963 and amended in 1967, 1970, 1977, 1990 and 1995 and 1998. The U.S. EPA may implement and enforce the requirements or may delegate such authority to state or local regulatory agencies. The CAA places emissions limits on new municipal waste combustors. In addition, the 1995 amendments to the Clean Air Act (CAA) were developed to control the emissions of dioxins, mercury, hydrogen chloride and particulate matter. By modifications in the burning process and the use of activated carbon injection in the air pollution control system, dioxins and mercury, as well as hydrocarbons and other constituents, have effectively been removed from the gas stream. The presentation will also review the companies offering WTE in the form of alternative technologies being promoted and considered in the U.S., and several recent and current procurements will be reviewed. GBB tracks over 150 different companies offering technologies, facilities and services whose developmental stages range from engineering drawings and laboratory models to full-scale operating prototypes. The presentation will provide an overview of these systems and their status. Implementation of new WTE projects — whatever technology is selected — will involve local governments in the process because MSW management is a local responsibility. Implementation will involve risks for local government and any private entities involved. A comprehensive review of the risks and challenges associated with implementing various technologies will be provided. The presentation will conclude with key elements to keep in mind when implementing WTE and/or conversion technologies. The last new MSW-processing WTE facility constructed in the U.S. commenced operations in 1996. Since that time, no new greenfield commercial plant has been implemented. In the past few years, however, interest in WTE and waste conversion has begun to grow, again. This renewed interest in waste processing technologies is due to several factors: successful CAA retrofits, proven WTE track record, increasing cost of fossil fuels, growing interest in renewable energy, concern of greenhouse gases, reversal of the Carbone Supreme Court Case, and the change in U.S. EPA’s hierarchy, which now includes WTE. Since 2004, several municipalities commissioned reports in order to evaluate new and emerging waste management technologies and approaches. These will be summarized. With the passage of the American Recovery and Reinvestment Act of 2009, the U.S. DOE has been working to advance innovative green energy technologies, which can be applied to MSW as well as other bio-feedstocks. DOE has made a number of grant awards to projects where MSW is used as a feedstock. This presentation will summarize the status of these projects and discuss how they should be viewed when considering new projects. The presentation will also outline policies for governments to consider when considering recycling goals with WTE. This review will be done in the context of environmental and energy considerations as well as public policy considerations. Comments will be included regarding current legislation and regulations, specifically for greenhouse gas emissions, being considered by the U.S. or state governments. The presentation will provide participants with: –A historical reference for experiences with WTE/alternative technologies in the U.S. in the 1970s and 1980s; –Latest information on the state of WTE/alternative technologies in the U.S., including their environmental performance; –A global understanding of current technologies and trends; –Understanding of the risks and challenges associated with implementing various technologies; –Understanding the key elements to keep in mind when implementing WTE; –Suggested policy for recycling and WTE to co-exist as components of a local solid waste system; and –Comments about current legislation being considered by the U.S. and state governments.
Reports on the topic "Delegated legislation"
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Pachón, Mónica, Roberto Junguito, and Mauricio Cárdenas. Political Institutions and Policy Outcomes in Colombia: The Effects of the 1991 Constitution. Inter-American Development Bank, February 2006. http://dx.doi.org/10.18235/0011279.
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The 1991 Colombian Constitution strengthened the checks and balances of the political system by enhancing the role of Congress and the Constitutional Court, while somewhat limiting the powers of the President (who nonetheless remains extremely powerful even by Latin American standards). As a consequence of the larger number of relevant players, and the removal of barriers that restricted political participation, the political system has gained in terms of representation. However, political transaction costs have increased, making cooperation harder to achieve. The authors show that this has been typically the case in fiscal policy, where the use of rigid rules, the constitutionalization of some policies, and a reduction in legislative success rates-due to the presence of a more divided and fragmented Congress-have limited the adaptability and flexibility of policies. In contrast, in other areas of policy that were formally delegated to the technocracy, policies have been more adaptable to economic shocks, delivering better outcomes.
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MORELLI, D. Long-distance transport of live animals: WOAH’s standards and best practices including societal perception and communication aspects. O.I.E (World Organisation for Animal Health), October 2022. http://dx.doi.org/10.20506/tt.3334.
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During the 88th General Session held virtually in May 2021, the World Organisation for Animal Health (WOAH: founded as OIE) Regional Commission for Europe agreed “Long-distance transport of live animals: WOAH’s standards and best practices including societal perception and communication aspects” as the Technical Item I to be presented during the 30th Conference of the Regional Commission in Catania (Italy), from 3 to 7 October 2022. An online questionnaire was designed and distributed to WOAH Members of the Regional Commission for Europe from 21 June to 8 July 2022 (with minor finalisations by 2 August 2022). The persons responsible for completing the questionnaire (of 47 Members in total) were mainly WOAH Delegates, National Focal Points for animal welfare or National Contact Points for long-distance transportation. The qualitative analysis of the information provided was carried out by grouping similar answers and, when proper, the United Nations geoscheme was applied to highlight any spatial clustering of the results. The wide majority of the Members (46 out of 47) declared to have in place specific legislation on animal welfare during transport, and most of them stated to be “generally aligned” with WOAH standards, there are still many countries in the Region where certain crucial requirements are not mandatory. Journey and contingency plans are commonly part of the specific legislation on animal welfare during transport, as well as monitoring and evaluation of the implementation of the legal requirements concerning animal transport by the Competent Authority or other certification bodies. The presence of major gaps in budget and/or available resources and trained personnel was declared by almost half of the responding Members (21 out of 47). Concerning the awareness of the civil society regarding animal welfare issues during transport, 11 Members reported a “low” level of awareness, and they were mostly included in the areas of Southern Europe, Western and Central Asia. The greatest part of Members responding “high awareness” clustered in the Northern and Western Europe geographical areas. Members were also asked to indicate possible WOAH initiatives that could improve the implementation of the standards, and most of them suggested to develop training activities and provide additional guidance through revised and/or new standards in the Terrestrial Animal Health Code and/or through other WOAH documents.