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Journal articles on the topic 'Executive authority'
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1
Thyne, Clayton, and Erika Moreno. "Squeaky Wheels and Unequal Policy." Comparative Political Studies 41, no. 7 (February 13, 2008): 921–46. http://dx.doi.org/10.1177/0010414007301704.
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The World Bank has been increasingly involved in reforming Latin America's education systems. However, compliance with World Bank directives varies greatly. Recent scholarship has made significant progress in fashioning an explanation for this variation by focusing on the presence of democracy. This article takes the literature a step further by identifying the mechanism by which democracy matters. Specifically, variations in executive authority are key factors in explaining the adoption of controversial World Bank directives. The authors argue that a government's ability to implement World Bank reforms and overcome popular dissent, if present, is a function of executive authority. They examine executive authority using several measures to test their hypotheses on a 20-year panel of 17 American states from 1980 to 2000. Results indicate that newly democratized governments and strong executives are indeed more successful in passing World Bank reforms.
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Shair-Rosenfield, Sarah, and Alissandra T. Stoyan. "Gendered Opportunities and Constraints: How Executive Sex and Approval Influence Executive Decree Issuance." Political Research Quarterly 71, no. 3 (January 5, 2018): 586–99. http://dx.doi.org/10.1177/1065912917750279.
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Do female executives exercise the authority of their office distinctly from their male counterparts? Anecdotal evidence suggests women legislators are likely to govern in a more consensual manner than men. Yet there has been little systematic research extending such claims to women in executive office. Using an original data set, we evaluate one aspect of policy agenda setting—rates of executive decree issuance—among four male–female pairs of Latin American presidents between 2000 and 2014. Female presidents are generally less prone to rule by decree, but this relationship is conditioned by presidential popularity. Female executives with high presidential approval ratings are less likely to rule via unilateral action than similarly popular male executives, but the gendered differences in decree issuance disappear when executives possess low approval ratings. Our findings have implications for understanding the potential benefits of feminine leadership styles for executive–legislative relations and good governance.
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Indjejikian, Raffi J., and Dhananjay (DJ) Nanda. "Executive Target Bonuses and What They Imply about Performance Standards." Accounting Review 77, no. 4 (October 1, 2002): 793–819. http://dx.doi.org/10.2308/accr.2002.77.4.793.
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We provide evidence that CEOs' and lower-level business unit executives' target bonuses are negatively associated with a proxy for measurement noise in accounting-based performance measures, and positively associated with proxies for firms' growth opportunities and the extent of executives' decision-making authority. Non-CEO executives' target bonuses are also positively associated with their CEO's target bonus. In addition, we compare executives' actual and target bonuses over two consecutive periods to draw inferences about how firms revise executives' performance standards. If firms adjust performance standards to fully reflect executives' past performance, then we expect an executive's chances of earning an above-target bonus to be independent of his past performance. We find evidence to the contrary; an executive is more likely to receive an above-target bonus if he received an above-target bonus in the prior year than if he did not. This suggests that firms do not adjust standards to fully reflect executives' past performance, consistent with agency-theoretic arguments that a firm can better motivate its executives if it discounts executives' past performance in setting their future compensation.
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ABBOODI, Layth Kadhim. "PARLIAMENTARY INTERROGATION A COMPARATIVE STUDY ." RIMAK International Journal of Humanities and Social Sciences 04, no. 02 (March 1, 2022): 449–70. http://dx.doi.org/10.47832/2717-8293.16.30.
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Interrogation is one of the oversight means that Parliament has against the executive authority. It is one of the most dangerous means that Parliament enjoys, which enables them to hold the executive authority accountable and direct its work. Especially since Parliament’s work in oversight is the basic task in order to achieve the desired goal, which is to achieve the public benefit and the public interest through holding the executive authority accountable. Through interrogation, the legislative authority is able to warn the executive authority if it has abused or failed in its performance or violated the law and deviated from the path that it should take and bring it back to the right side. Accordingly, Parliamentary interrogation is one of the legislative authority’s tools in controlling the executive authority, whereby the representative enjoys directing interrogation (accusation) on a specific subject in order to reach the truth of the matter. Interrogation is the most dangerous means of parliamentary oversight, through which the matter ends with either the dismissal of the minister or the entire government. This is in the event that the interrogation is feasible and the minister or the government is unable to respond convincingly to the deputy who is the subject of the interrogation. But in the event that nothing is proven, the end of the interrogation is considered the parliament's blessing for the government's work to continue its work. Therefore, interrogation is considered a double-edged sword. It either withdraws confidence from the minister or the government, or enhances the work and performance of it. In this study, the concept of interrogation and its guarantees will be known in a first part, the conditions to be followed when presenting an interrogation in a second part, and the results of the interrogation in a third part.
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Waslin, Michele. "The Use of Executive Orders and Proclamations to Create Immigration Policy: Trump in Historical Perspective." Journal on Migration and Human Security 8, no. 1 (March 2020): 54–67. http://dx.doi.org/10.1177/2331502420906404.
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Executive Summary This article examines presidential immigration policy making through executive orders (EOs) and proclamations. Donald Trump’s overall volume of EOs has been remarkably similar to that of other presidents, while his number of proclamations has been relatively high. His immigration-related EOs and proclamations, however, diverge from those of his predecessors in several ways. Of the 56 immigration-related EOs and 64 proclamations issued since 1945, Trump has issued 10 and nine, respectively. Overall, about 1 percent of all EOs and proclamations during this period have been immigration related, compared to 8 percent of Trump’s EOs and 2.4 percent of Trump’s proclamations. In a sharp departure from previous presidents, a greater share of his EOs and proclamations have been substantive policy-making documents intended to restrict admissions of legal immigrants and increase enforcement along the border and in the interior of the United States. This article explores Trump’s unorthodox use of executive tools to make immigration policy, circumventing Congress and even members of his own administration. It recommends that: Congress should hold oversight hearings and should consider revoking or modifying EOs and proclamations that have been issued pursuant to the authority provided to the president by Congress, as opposed to those based on the executive’s constitutional authority. Advocacy organizations should continue to challenge the president’s executive actions, the insufficient process and consultation leading to them, their statutory or constitutional justification, and their impact. Congress should take an inventory of the immigration authorities it has delegated, both explicitly and implicitly, to the executive branch and determine when this authority can and should be limited. Congress should pass legislation to update and reform the US immigration system, and thus clarify its intentions regarding US immigration law, policy, and executive authority in this area.
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Dniprov, Alexei. "Special principles of the executive authority functioning." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 2017, no. 884 (December 27, 2017): 108–12. http://dx.doi.org/10.23939/law2017.884.108.
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Braman, Eileen. "Exploring Citizen Assessments of Unilateral Executive Authority." Law & Society Review 50, no. 1 (January 28, 2016): 189–223. http://dx.doi.org/10.1111/lasr.12180.
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Schap, David. "In search of efficacious executive veto authority." Public Choice 58, no. 3 (September 1988): 247–57. http://dx.doi.org/10.1007/bf00155670.
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Chugh, Madhu. "Executive Authority to Reform Health: Options and Limitations." Journal of Law, Medicine & Ethics 37, S2 (2009): 20–37. http://dx.doi.org/10.1111/j.1748-720x.2009.00418.x.
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Presidential power has provoked increasingly vigorous debate since the turn of this century. In recent years, scholars and lawyers have been grappling with how Congress’s dictates may limit the president’s Commander-in-Chief power to detain enemy combatants at Guantanamo Bay, to fight wars abroad, and to conduct intelligence activities at home. But policymakers have not yet explored the many possibilities for invoking the president’s “Take Care” power to change health care policy.This article explores the scope and limits of President Barack Obama’s ability to invoke his executive authority to reform health care. Specifically, it identifies ways the Obama Administration can use directives to: (1) expand Medicaid and State Children’s Health Insurance Program (SCHIP) coverage through section 1115 waivers; (2) test quality initiatives through Medicare demonstration authority; (3) expand health information technology; (4) allow drug reimportation and experiment with contracting power under Medicare; (5) enhance patient protections and private coverage requirements; (6) lift coverage restrictions on Medicaid and SCHIP; and (7) build on the health insurance program for federal employees. Consistent with the mission of the Legal Solutions in Health Reform project, this article does not endorse a particular policy. Instead of recommending “what,” it explains “how.”
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Zelentsov, Aleksandr B. "Administrative Authority as a Legal Category." Administrative law and procedure 2 (February 11, 2021): 35–41. http://dx.doi.org/10.18572/2071-1166-2021-2-35-41.
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The article is devoted to the theoretical understanding of administrative power as a category of public law. Its correlation with the concepts of Executive power and public power is revealed, its essential legal characteristics, legal nature and functions are revealed.
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Erbani, Francesco. "Desio rompe la gabbia di cemento voluta dalla ‘ndrangheta-urbanista." TERRITORIO, no. 63 (December 2012): 47–48. http://dx.doi.org/10.3280/tr2012-063009.
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Desio is the first town in Lombardy in which the elected local authority executive has resigned after being hit by an anti-mafia hurricane. The judges found that the ‘ndrangheta was firmly established in the town and controlled councillors, elected executives and senior municipal officials and above all it dictated the rules for unrestrained and spendthrift building, with a waste of agricultural land.
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Kirgis, Frederic L. "Federal Statutes, Executive Orders and “Self-Executing Custom”." American Journal of International Law 81, no. 2 (April 1987): 371–75. http://dx.doi.org/10.2307/2202408.
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A hotly debated issue raised in this publication’s October 1986 Agora and, repeatedly, during the drafting of the Restatement of Foreign Relations Law of the United States (Revised) has to do with the relationship between customary international law and federal law in the United States. Most of the debate addressed whether a newly emerged custom would supersede an earlier federal statute or self-executing treaty. The reporters of the Restatement took a strong stand at first, placing custom on the same plane as federal statutes and self-executing treaties: in case of conflict, the latest in time should prevail. Criticism rolled in, and the reporters eventually retreated a bit. The final version says only that since custom and international agreements have equal authority in international law, and both are law of the United States, “arguably later customary law should be given effect as law of the United States, even in the face of an earlier law or agreement, just as a later international agreement of the United States is given effect in the face of an earlier law or agreement.”’
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Munier, Nathan. "Non-Electoral Executive Turnover and Low-Capacity Democracy in Southern Africa." Africa Spectrum 56, no. 2 (August 2021): 194–215. http://dx.doi.org/10.1177/00020397211031915.
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What do non-electoral turnovers tell us about the relationship between elections, executive turnover, and democratisation? Can they contribute to democratisation? To gain insight into these questions, we consider the experiences of Southern Africa. While transfers of executive authority have become commonplace in Southern Africa, they do not necessarily coincide with elections and rarely involve partisan turnover. Neither the mode nor the form of executive turnover corresponds clearly with prior assessments of democracy. This study examines recent non-electoral turnovers in Zimbabwe (November 2017), South Africa (February 2018), and Botswana (April 2018). This research finds that non-electoral transfers of presidential authority in Southern Africa represent efforts by dominant parties to manage factional conflicts and enhance their ability to benefit from incumbency in competitive elections. While non-electoral turnover in executive authority might promote democracy under some conditions, they do more to sustain dominant party rule and a stagnate level of low-capacity democracy.
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Newhouse, M. E. "The Legislative Authority." Kantian Review 24, no. 4 (November 26, 2019): 531–53. http://dx.doi.org/10.1017/s136941541900030x.
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AbstractThis article develops an account of the nature and limits of the state’s legislative authority that closely attends to the challenge of harmonizing Kant’s ethical and juridical theories. It clarifies some key Kantian concepts and terms, then explains the way in which the state’s three interlocking authorities – legislative, executive, and judicial – are metaphysically distinct and mutually dependent. It describes the emergence of the Kantian state and identifies the preconditions of its authority. Then it offers a metaphysical model of the Kantian state and uses it to argue that the activity of juridical lawgiving is an act of the omnilateral will itself. Legislative authority is limited in the sense that it does not include the capacity to create juridical laws that are conceptually incompatible with the idea of universal external freedom. I argue that my proposed account of the legislative authority is wholly consistent with that authority’s exclusive lawgiving capacity and does not threaten the possibility of ‘distributive justice’ – the legal finality that is the sine qua non of a civil condition.
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Swanepol, Ezelda, and Anet Magdalena Smit. "The impact of executive remuneration on risk-taking in the banking industry." Investment Management and Financial Innovations 13, no. 3 (August 23, 2016): 110–17. http://dx.doi.org/10.21511/imfi.13(3).2016.10.
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In the aftermath of the credit crisis of 2007-2009, there was considerable public frustration with regard to executive remuneration, particularly in the banking industry. Consequently, the need for regulated remuneration practices became essential. For this purpose, the Prudential Regulation Authority (PRA) aims to align risk and reward by encouraging good risk management and discouraging excessive risk-taking. This paper aims to demonstrate the correlation between the health of the banking industry and economic activity, as well as the change in executive remuneration pre and post the credit crisis. In addition, the paper aims to measure the correlation between executive remuneration in the form of cash and equity, and risk-taking. The unique features of banking emphasized the interconnectedness to the broader economy. The statistical package for social sciences (SPSS) was used to perform these analyses. It was found that as executive remuneration in the form of cash increased, risk-taking decreased. In addition, as executive remuneration in the form of equity decreased, risk-taking increased. In summary, the research points to the fact that executives have in fact been remunerated in terms of equity. However, the results indicate that this may not have enticed the executives to take on more risks
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Shugart, Matthew Søberg. "Semi-Presidential Systems: Dual Executive And Mixed Authority Patterns." French Politics 3, no. 3 (November 30, 2005): 323–51. http://dx.doi.org/10.1057/palgrave.fp.8200087.
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Miller, Steven V. "Individual-level expectations of executive authority under territorial threat." Conflict Management and Peace Science 34, no. 5 (October 28, 2015): 526–45. http://dx.doi.org/10.1177/0738894215600384.
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What makes individuals likely to support state leaders with few constraints on executive authority? Leaders who reorganize power around their position seem inimical to most individuals’ welfare. Yet in many countries these leaders receive broad popular support when citizens feel some type of threat. This study argues that territorial threat leads individuals to support this type of state leadership. Mobilization of the military for defense of territory requires discretion by the state leader, leading individuals to interpret checks and balances as obstacles to security. The results using mixed effects logit analyses show a robust connection between territorial threat and individual-level expectations of the state leader. Individuals who live in states under territorial threat are more likely to prefer a state leader unconstrained by legislative process or other checks and balances. The analyses provided in this study have important implications for the study of popular support of democracy.
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Eide, Espen Barth, and Tor Tanke Holm. "Postscript: Towards executive authority policing? The lessons of Kosovo." International Peacekeeping 6, no. 4 (December 1999): 210–19. http://dx.doi.org/10.1080/13533319908413806.
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Murad, Dina Fitria, Wirianto Widjaya, Dwi Rahmania Noviani, Nur Fitriyyah, and Liany Minarni Saputri. "Hybrid Mobile Executive Information (m-EIS) System Using Quasar Framework for Indonesia Financial Service Authority." Journal of Information Systems Engineering and Business Intelligence 5, no. 2 (October 24, 2019): 195. http://dx.doi.org/10.20473/jisebi.5.2.195-207.
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Background: Given the digital transformation in currently emerging digital era in Financial Service Industry; marked by the rise of Fintech; Financial Service Authority (FSA) is challenged to mitigate new type of risks that are introduced by it. As first step, Indonesia FSA seeks for an effective and efficient way to present up-to-date Strategic Information to its Top Executive Leaders to enable informed strategic decision making.Objective: This study aimed to find the solution to provide information strategic information to Indonesia FSA executives at any-time any-where. The researchers hypothesize that mobile Executive Information System could effectively serve the purpose.Methods: The research activities are laid out based on the Unified Process (UP) Methodology and use Unified Modelling Language (UML) diagrams to communicate the design. At the end of the study, a survey-based on TAM2 is conducted to confirm the study result. The survey is tested to measure its validity, reliability and correlation analysis using SPSS.Results: The study produce mobile executive information system (m-EIS) geared with the latest UI technology framework; Quasar; and microservice pattern. The m-EIS is deployed and implemented. The survey result shows the overall users’ acceptance of the implementation.Conclusion: The study recommends the further enhancement of m-EIS and highlights limitation of the current study for which future study could address and improve.Keywords:Executive Information System, Financial Service Authority, Financial Service Industry, Hybrid Mobile Application, Unified Modelling Language, Unified Process
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Barus, Sonia Ivana. "DILEMMA EXECUTIVE CONTROL: DEVELOPMENT OF REGIONAL REGULATORY CANCELING MODELS." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 2 (September 30, 2020): 113. http://dx.doi.org/10.29300/mzn.v7i2.3473.
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The Law Number 23 of 2014 concerning Regional Government clearly states that the Minister of Home Affairs with instruments in the form of a Ministerial decree bears the authority to annul regional regulations which deemed contrary to the provisions of the higher laws, public interests and/or decency. However, the Constitutional Court (MK) through Decision No. 137/PUU-XIII/2015 and MK’s Decision No. 56/PUU-XIII/2016 has restrained the authority of the Minister of Home Affairs to annul the Regional Regulation (perda). This is an interesting discussion, some consider that it actually weakens the role of the central government to control local governments, on the other hand, justifying that authority belongs to the Supreme Court. Interesting problems of this research is what is the actual relations of authority between local and central government? Then what is the ideal model for the annulment of regional regulations so that the central government has a role in exercising control (executive control) of regional regulations before and after regional regulations come to be applied? This research was conducted using a normative juridical method, namely a research method that refers to the norms of legal norms contained in statutory regulations. This research resulted that there is a decentralization and decencentration relationship between the central and local governments. In order to anticipate these problems, the ideal model for cancellation of regional regulations to accommodate the authority of the central government is to separate regional regulation according to the content or material.
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SELIONOV, I. V. "THE EXECUTIVE ACTION TAKEN BY THE JUDICIAL BAILIFF-EXECUTOR OUTSIDE OF ENFORCEMENT PROCEEDINGS." Herald of Civil Procedure 11, no. 2 (June 30, 2021): 50–65. http://dx.doi.org/10.24031/2226-0781-2021-11-2-50-65.
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The article examines the enforcement action performed by the bailiff-executor in accordance with paragraph 16 of part 1 of Article 64 of the Law on Enforcement Proceedings – checking the correctness of the withholding and transfer of funds under the executive documents presented in the manner prescribed by part 1 of Article 8, part 1 of Article 8.1 and part 1 of Article 9 of the Law on Enforcement Proceedings. The purpose of the article is to identify the features of this action, to determine its place in the list of enforcement actions, and in general in enforcement proceedings. Based on the results of the study, the author comes to the conclusion that checking the correctness of withholding and transferring funds under executive documents is not an enforcement action. In this article, the author considers the specified action as an extra-executive action carried out by the bailiff-executor to control the execution by other bodies and organizations, expressed in conducting an audit in relation to the bodies directly executing the requirements of the executive document and in the event of their failure to bring them to justice. At the same time, in this article, the author considers checking the correctness of the withholding and transfer of funds under executive documents as the control authority of the bailiff, taking into account the provisions of the new Federal Law of 31 July 2020 No. 248-FZ “On State Control (Supervision) and Municipal Control in the Russian Federation”. The author makes his proposals for improving the legislation of the Russian Federation on enforcement proceedings.
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Purcell, Edward A. "Understanding Curtiss-Wright." Law and History Review 31, no. 4 (October 24, 2013): 653–715. http://dx.doi.org/10.1017/s0738248013000461.
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The most striking feature of the Supreme Court's decision in United States v. Curtiss-Wright Export Corp. is its language asserting an independent and exclusive executive foreign affairs power. As “the sole organ of the federal government in the field of foreign relations,” the Court declared, the executive holds “very delicate, plenary and exclusive power” that “does not require as a basis for its exercise an act of Congress.” From the day the case was decided, it has stood as a preeminent authority for those who would magnify the constitutional role of the president by proclaiming the independent and unchecked nature of the executive's foreign affairs power.
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Vinnytskyi, O. O. "THE EFFICIENCY OF ACTIVITIES OF PUBLIC COUNCIL IN THE AUTHORITIES OF THE EXECUTIVE AUTHORITY." Actual problems of native jurisprudence, no. 4 (August 30, 2019): 125–28. http://dx.doi.org/10.15421/391927.
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The current stage of development of Ukrainian statehood is characterized by increased attention to the issues of increasing the efficiency of the functioning of the public administration system. And this is natural because the direct link between the efficiency of the public sector and the effectiveness of the national economy of the state as a whole leads to the search and introduction of new approaches and technologies, continuous improvement of the quality of services provided to the population and satisfaction with the results of the activity of executive authorities and local self-government. The public sector, which participates in the formation and implementation of state policy, is no exception. It is the effective work of public councils with executive authorities that will increase the level of interaction between executive authorities and civil society. In this article, the author outlines the factors of effectiveness of the work of public councils in executive bodies, namely: the development and introduction of common standards and forms of cooperation between the public and the public administration; development of nation-wide mechanisms for the functioning of public councils in executive bodies; systematization and generalization of decisions of public councils in executive bodies; systematic analysis of the activities of public councils and their results for public discussion; introduction of standards for public reception offices. The author determines that the effectiveness of public councils in executive bodies is determined by assessing the effectiveness of activities under which the author proposes to understand the process of determining the quality of the subject’s activity, which is aimed at achieving the goals and tasks assigned to him, in accordance with the established competence, which allows obtaining information for further correction of his work. It is emphasized that the effectiveness of the activities of public councils in executive bodies depends on: creation of transparent and qualitatively formulated goals of work; development of a plan of activity aimed at achieving the goals that are the basis of the activities of public councils in executive bodies; performance of the adopted plan of activity; evaluation of achieved results; Adjusting the activities of the public council at executive bodies; creating new goals for future activities.
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Satterfield, Arthur T., and Charlene L. Muehlenhard. "Shaken Confidence: The Effects of an Authority Figure's Flirtatiousness on Women's and Men's Self-Rated Creativity." Psychology of Women Quarterly 21, no. 3 (September 1997): 395–416. http://dx.doi.org/10.1111/j.1471-6402.1997.tb00121.x.
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Anecdotal evidence suggests that sexual harassment may cause women to doubt their abilities, attributing their success to their professor's or supervisor's attraction to them rather than to their qualifications. Two experiments assessed whether a decrease in confidence could result from something as seemingly harmless as flirting. In Experiment 1, a male confederate posing as an advertising executive asked 56 female students to draw an advertisement, which he then praised. He behaved either flirtatiously or neutrally. In Experiment 2, female and male students interacted with a flirtatious or neutral advertisement executive of the other gender. In both experiments, women's self-creativity ratings decreased significantly more from pre-to posttest in the flirtatious condition than in the control condition. Men were affected less than women by the ad executive's flirtatiousness. The results suggest that flirtatiousness by an authority figure may have negative consequences for women's self-confidence.
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Beljanski, Slobodan. "The role of courts in the execution of criminal sanctions." Glasnik Advokatske komore Vojvodine 72, no. 8-9 (2000): 47–51. http://dx.doi.org/10.5937/gakv0001047b.
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The author examines the role of courts and the organization of administrative institutions in the execution of criminal sanctions, under the new 1997 Act on execution of criminal sanction of Republic of Serbia. He also compares the Minimum of rules on treatment of prisoners with this Act. He finds that to confide the supervisory control over the incarceration to the executive branch renders the judicial function illegitimate. The authority which brings decisions on sanctions has to bear the adequate responsibility in the control over lawfulne.ss of the sanctions' execution.
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Ermakov, Anton Olegovich. "Some aspects of efficiency of authority of the executive branch of government." Административное и муниципальное право, no. 5 (May 2020): 1–10. http://dx.doi.org/10.7256/2454-0595.2020.5.33196.
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The subject of this research is the efficiency of authority of the executive branch of government. The author reviews the approaches used in the general theory of law and administrative law towards definition of efficiency, making emphasis on the social aspect of efficiency of legal norms. Leaning on the considered doctrines, the author includes into the structure of efficiency of authority the socially substantiated goal of their realization, which in his opinion consists in ensuring enforcement of right and responsibilities of the citizens and legal entities (the subject of administrative law without authority). Based on the provisions of legislative acts and law enforcement practice, the article examines the organizing principle of authority that allows accomplishing the purpose of authority, determines its possible manifestations, as well as the conditions under which such principle can be implemented. The following conclusions were made: 1) the foundation for determining the efficiency of authority of the executive branch of government consists in their social impact, which is reflected in the level of implementation of the rights and responsibilities by the subjects of administrative law without authority; 2) since the efficiency represents feature of the system, it must be applicable to not to a separate measure of authoritative influence, but their ordered entirety, aimed at ensuring specific rights and responsibilities of the subjects of administrative law without authority; 3) the combination of lawmaking and law enforcement authorities, which in the conditions of their normative consolidation through assistance in exercising rights and responsibilities of private and legal entities, allows aligning private and public interests in various spheres of state administration.
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KOZHAKHMETOV, Galym, Guldana KUANALEEVA, and Saulen NURZHAN. "Issues of Legal Regulation of the Executive Authority in the Republic of Kazakhstan and Foreign Countries." Journal of Advanced Research in Law and Economics 8, no. 7 (June 10, 2018): 2178. http://dx.doi.org/10.14505//jarle.v8.7(29).16.
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This article consecrates topical issues of executive power, which points to one of the most acute problems of world society. The executive branch is recognized as one of the three branches of the unified state power by the current constitutional doctrine and practice of the Republic of Kazakhstan - a unitary state with a presidential form of government. The process of management constant development has a direct impact on the system of executive power and the structure of individual executive bodies, generates the demand for an in-depth analysis of this influence, its consideration in the creation and functioning of an integral, rational, effective state mechanism.
In order to create a modern complex theoretical vision for the scientific legal foundations of a strong and effective executive branch operating in the public system of the Republic of Kazakhstan, which is established as a democratic, legal, social and secular state, the highest value of which is a human, his rights and freedoms, in this study are considered the theoretical concepts, practical aspects of the concept and executive power place as a full-fledged element of the state - the object of the constitutional, administrative and legal sanctions; system, structure, legal and organizational forms of executive bodiesactivity; as well as the main problems of legislative regulation, further construction and functioning of the executive power in Kazakhstan.Recommendations and proposals have been developed to improve a number of legal measures for the executive power enhancement. The analysis of the main historical studies that explain the nature of executive power in foreign countries and in Kazakhstan and its main role in the development of the state and law is carried out.
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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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Svendsen, Mathias Rose. "Constitutional Limitations on the Competence to Entrust the Exercise of Authority to Private Entities." European Constitutional Law Review 13, no. 04 (December 2017): 704–23. http://dx.doi.org/10.1017/s1574019617000323.
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Danish constitutional limitations – Entrusting executive power to private entities – Executive power involving coercive measures – A previous assumption – Use of physical force – Private prisons – Constitutional interpretation – Binding constitutional assumptions – Substantive limitations – Organisational limitations – External delegation under Danish administrative law – American constitutional law – Private entities’ fundamental self-interest – Conflicts of interest – Pecuniary or other personal interest – Healthcare legislation – The ministerial system – Democratic and legal liability – Judicial review – Ombudsman supervision – Constitutional organisation of state – The bulk of state executive power – Citizens’ constitutional rights and freedoms
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Reich, Gary. "Executive Decree Authority in Brazil: How Reactive Legislators Influence Policy." Legislative Studies Quarterly 27, no. 1 (February 2002): 5. http://dx.doi.org/10.2307/3598517.
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Reich, Gary. "Executive Decree Authority in Brazil: How Reactive Legislators Influence Policy." Legislative Studies Quarterly 27, no. 1 (February 1, 2002): 5–31. http://dx.doi.org/10.3162/036298002x200486.
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Rout, Matthew, John Reid, Benjamin Te Aika, Renata Davis, and Te Maire Tau. "Muttonbirding: Loss of executive authority and its impact on entrepreneurship." Journal of Management & Organization 23, no. 6 (November 2017): 857–72. http://dx.doi.org/10.1017/jmo.2017.78.
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AbstractThis paper explores the influence of institutions on indigenous entrepreneurship within the muttonbird economy of Ngāi Tahu (a New Zealand Māori tribe). It determines that colonisation removed the traditional Ngāi Tahu institution of executive authority which once regulated muttonbird exchange. Without this regulatory functionwhānau(family) birders compete against each other at their own expense and to the benefit of traders. As a consequence the birders are constrained in applying their birding knowledge and abilities to realise market opportunity. Furthermore, declining returns and harvesting pressure is in some cases reducing the financial and natural capital ofwhānau, whilst threats to continuing birding culture potentially undermines the socio-human capital contained within inherited traditions and the maintaining of kinship connections. It is argued that the development of a contemporary executive authority to regulate exchange and market product may reinvigorate entrepreneurial birding activities.
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Baylis, Thomas A. "Presidents versus Prime Ministers: Shaping Executive Authority in Eastern Europe." World Politics 48, no. 3 (April 1996): 297–323. http://dx.doi.org/10.1353/wp.1996.0007.
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Open conflict between presidents and prime ministers has become a familiar phenomenon throughout East Central Europe since the fall of communism. While individual personalities and the particular constellations of issues in each country have helped shape individual conflicts, this article seeks to account for them in more fundamental structural terms and to place them in the context of current debates over the relative virtues of presidentialism and parliamentarism. There is a discrepancy between the prestige and popularity of presidents and their modest formal powers; prime ministers, by contrast, enjoy considerable formal power but only limited legitimacy. Since the distribution of authority in newly constituted democracies is ambiguous and fluid, with no established conventions and understandings defining precisely the boundaries among key institutions, presidents seek to utilize the ambiguity to convert their assets of prestige into “real” power over policy, while prime ministers resist what they see as incursions into their areas of responsibility. The article explores the strengths and weaknesses of each side, the terrain of struggle, the tactics employed, the political outcomes to date, and the implications for political consolidation and the future distribution of executive authority in the region's states.
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Ušiaková, Lenka. "The Executive of Public Authority: Self-Government and its Education." Politické vedy 25, no. 1 (April 13, 2022): 294–300. http://dx.doi.org/10.24040/politickevedy.2022.25.1.294-300.
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Zulkarnain, Rizky Putra. "PENGANGKATAN DAN PEMBERHENTIAN KAPOLRI OLEH PRESIDEN." Yuridika 30, no. 1 (August 21, 2017): 169. http://dx.doi.org/10.20473/ydk.v30i1.4905.
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The 1945 Constitution of Indonesia as the constitutional authority of the President shall arrange everything as the highest authority of the executive. Such arrangements must be made clear boundaries so that later the president does not exceed its authority itself and cause a totalitarian power . Prerogative is one authority regulated implicitly by the constitution and gave full power to the President to implement this right , such as the appointment and dismissal of the Chief of Police.
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Opalo, Ken Ochieng’. "Constrained Presidential Power in Africa? Legislative Independence and Executive Rule Making in Kenya, 1963–2013." British Journal of Political Science 50, no. 4 (January 30, 2019): 1341–58. http://dx.doi.org/10.1017/s0007123418000492.
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AbstractDo institutions constrain presidential power in Africa? Conventional wisdom holds that personalist rule grants African presidents unchecked powers. Consequently, there is very little research on African institutions such as legislatures and their impact on executive authority. In this article, the author uses original data on the exercise of presidential authority (issuance of subsidiary legislation) to examine how legislative independence conditions presidential rule making in Kenya. The study exploits quasi-exogenous changes in legislative independence, and finds that Kenyan presidents issue relatively more Legal Notices under periods of legislative weakness, but are constrained from doing so under periods of legislative independence. These findings shed new light on institutional politics in Kenya, and illustrate how executive–legislative relations in the country conform to standard predictions in the literature on unilateral executive action.
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Bondarenko, O., O. Gudovych, O. Kovaliov, and V. Mazurenko. "METHODICAL ASPECTS OF BUSINESS GAME ON THE MANAGEMENT AUTHORITY ACTIONS IN EMERGENCY SITUATIONS." Collected Scientific Papers of the Institute of Public Administration in the Sphere of Civil Protection 7 (December 22, 2019): 5–16. http://dx.doi.org/10.35577/iducz.2019.07.01.
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Successful implementation of civil protection measure depends on the level of training of executive bodies, staffs, services, command and staff of the civil protection governing bodies. Conducting exercises and trainings with a certain frequency allows to work out the whole set of events connected with the civil protection reality plans check, preparing the executive bodies for the intended purpose, organizing and conducting rescue and other emergency operations in difficult emergency situations within the short period of time.
According to the experience obtained, one of the response emergency drawbacks is the lack of theoretical and practical training of both governing bodies and civil defense forces, which fulfill the tasks of preventing and eliminating the emergency response. It should be noted that one of the most important drawbacks during the process of performing these tasks is the executive bodies’ lack of competence. This, in turn, leads to the violation of the algorithm of safety actions that can result in injury of employees and sometimes even fatal outcome.
Functional training organization on managerial decision making by SESU bodies in the event of threat or emergency are described in professional publications.
The aim of the article is to study all possible approaches to SESU executive bodies’ training on actions in the event of threat or emergency.
Threat and emergency require the sequential actions from the sequential management bodies which are aimed at restoration of vital activity of the emergency areas, prevention of people’s death, injuries, losses as well as damages reduction. We believe that providing such training activity as simulation exercise gives the opportunity to improve knowledge and develop skills of executive bodies’ managerial actions organization in the event of threat and emergencies.
We are sure that such training activity as a simulation exercise gives the opportunity to improve knowledge and develop the skills of executive bodies’ managerial actions organization in the event of threat and emergencies.
The exercises components can be used in pre-exercise training and conducting exercises in the area of civil protection.
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Momen, Mohammad Hussein, and Hussein Rahmatollahi. "The Principle of Continuance in Public Service Contract." Journal of Politics and Law 9, no. 8 (September 29, 2016): 6. http://dx.doi.org/10.5539/jpl.v9n8p6.
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If we consider the aim of administrative goal to procure public interest and the necessity of its continuance, the limitation of its descriptive and executive principles in private law frameworks will be serious barriers against its realization. Administrative contracts with their special legal regime based on such principles of preference, authority and support which indicates the upper hand of public contract parties are described by the same basis. Public service principles which should be considered as extracted from the judicial verdicts of French governmental council are, <em>inter alia</em>, executive and descriptive foundations of public contracts. The principle of public service continuance with its legal functions and radical role in contract execution plays a vital role in realizing the goals.
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Adiananto, Yudo, Abdul Rachmad Budiono, Tunggul Anshari SN, and Iwan Permadi. "Problematics Independence of Witness as a Law Enforcement Institution." International Journal of Multicultural and Multireligious Understanding 7, no. 7 (August 8, 2020): 458. http://dx.doi.org/10.18415/ijmmu.v7i7.1867.
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The position of the Prosecutor's Office which is institutionally under the executive power but carrying out the duties and functions that are part of the judicial authority clearly raises a problem of its own in the world of law enforcement. The prosecutor's office as a law enforcement officer in the prosecution field is required to be fair and objective and independent in faithfully carrying out his duties and authorities, but placing the prosecutor's position as a government institution under the executive very vulnerable from power intervention. This condition is very dilemmatic to support the attorney's performance in carrying out his functions and authority.
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Sonn, Tamara. "Political Authority in Classical Islamic Thought." American Journal of Islam and Society 13, no. 3 (October 1, 1996): 309–24. http://dx.doi.org/10.35632/ajis.v13i3.2312.
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Unlike Christianity, where normative thought is expressed in theologicalwritings, in Islam normative thought is expressed in legal tradition.According to this tradition, the purpose of Islamic society is to submit toGod‘s will, which is expressed clearly through revelation: Human beingsare to create a just society. As political activity is essential for the creationand maintenance of social justice, all political activity is essentially religiousactivity in Islam. Thus, the discussion of political activity is highlydeveloped and wide-ranging in Islamic legal texts. In this paper, I focus ondiscussions of the source of political authority in the ideal Islamic state.Among contempomy commentators on Islam, it has become popularto claim that there is no separation of religion and politics in Islam. Thisclaim, combined with the rejection of secularism by many contemporaryMuslim activists, has led some observers to assume that Islam espouses akind of theocracy. However, this is not the case; the term “nomocracy” ismore suitable to describe Islamic political theory. A theocracy is a stategoverned by God/gods or those who claim to act on divine authority. Anommcy, by contrast, is a state governed by a codified system of laws.The ideal Islamic state is one governed by individuals or bodies bound byIslamic law.’In this context, classical Islamic legal theory implicitly distinguishesbetween those empowered to interpret the law (the legislative and judicialbranches) and those empowered to make sure the law is being followed(the executive branch). Executive political power-with its coerciveauthority-ideally would concern itself with safeguarding Islamic law.But because it is subject to abuse, the formulators of Islam’s classical theoryof political authority considered it an unreliable repository of religious ...
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Cohen, Nili. "Political Agreements." Israel Law Review 26, no. 4 (1992): 499–530. http://dx.doi.org/10.1017/s002122370001116x.
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A political agreement is an agreement among political parties, party factions, candidates for public office, or holders of public office in regard to governmental policy, its constituency, or exercise of public authority. Such agreements can be reached both proceeding and following elections. A coalition agreement is the conspicuous example of a political agreement. It is generally concluded following the elections, and it establishes the division of ministerial portfolios among the coalition partners, sets policy guidelines and rules for exercising executive authority (e.g., allocation of monies for certain purposes), and regulates legislation and parliamentary supervision of the executive (e.g., the manner in which party delegates will vote in the Knesset).
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Taheri, Shila, and Hassan Soleimani. "A Comparative Study of Executive Guaranty of Arbitration at International Law (International Court of Arbitration and the New York Convention) and Iranian Law." Journal of Politics and Law 9, no. 5 (June 29, 2016): 145. http://dx.doi.org/10.5539/jpl.v9n5p145.
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The present study is an attempt to analyze the executive guaranty of arbitration at international law within internal Iranian law and the international law. The present research findings show that within internal law in case the arbitration verdict is not carried out voluntarily then its obligatory administration is under the support of law and has legal executive guaranty. But arbitration privilege at administration stage is not limited to the fact that any arbitration verdict is to be performed without any questioning but a significant aspect of this privilege is to prevent the administration of a verdict which is altered or creased and openly against the facts or the law. In international law the international commerce chamber arbitration system is the most important international trade arbitration system in contemporary period and has always been the influential forerunner in international arbitration and has had a significant role in the development and expansion of arbitration method of settling international trade disputes. Both the chamber arbitration rules and arbitration verdicts which are issued under the chamber arbitration framework are among the most important legal resources in terms of international arbitration and are considered as the constructive and formative factors of international arbitration procedure. It should be mentioned that commerce chamber arbitration organization lacks the executive tools to execute the arbitration verdicts. But in spite of that on the basis of arbitration rules article 35 the arbitration authority and the chamber arbitration court makes attempts to execute the verdict and the purpose is mostly the official measures rather than judicial or administrative. Principally, the execution of arbitration verdicts depend on state rules and regulations where from the identification and administration of verdict is requested.
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Miśtal, Kamil. "ZBIEG EGZEKUCJI SĄDOWEJ I ADMINISTRACYJNEJ." Zeszyty Prawnicze 13, no. 2 (December 13, 2016): 175. http://dx.doi.org/10.21697/zp.2013.13.2.09.
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THE CONCURRENCE OF THE EXECUTION OF COURT ORDERS FOR THE SEIZURE OF PROPERTY ISSUED BY THE POLISH CIVIL AND ADMINISTRATIVE COURTSSummaryThis study begins with a discussion of the concept of the execution of Polish civil court orders for the seizure of property with an indication of the relevant provisions. A description is given of the assets subject to seizure. The analogous administrative proceedings are presented in a similar way. The author goes on to analyse the provisions in the event of a concurrence of a civil court order with an administrative court order. He considers the implementation of the two orders by a single authority, and discusses the procedural law applicable in the event of concurrence. He continues with a description of the further procedure once the implementing authority has been designated. He also observes that executive proceedings generally take too long. The author uses empirical data from court cases to illustrate his points.
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Negretto, Gabriel L. "Government Capacities and Policy Making by Decree in Latin America." Comparative Political Studies 37, no. 5 (June 2004): 531–62. http://dx.doi.org/10.1177/0010414004263663.
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What is the effect of constitutional decree authority (CDA) on the policy-making process of a presidential regime? Despite recent efforts to answer this question, there is still much uncertainty in the literature about the extent to which decree powers may allow presidents to control the legislative process. This article argues that in a separation-of-powers system, the existence of CDA effectively enhances executives’ ability to act as agenda setters. This capacity, however, is not uniform across all cases. Developing a simple spatial model of decree games, the author argues that the bargaining power of an executive to promote legal changes through decrees varies according to three interrelated factors: decree approval rules, the extent of the executive’s partisan support in the legislature, and the strength of the presidential veto. These propositions are supported by a comparative analysis of the process of constitutional design and the implementation of decrees in Brazil and Argentina, two cases presenting significant variation in each of the independent variables.
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Bektirov, Alan I., and Valery I. Tatarenko. "PROBLEMS OF EVALUATING THE EFFECIENCY OF EXECUTIVE AUTHORITIES IN THE ORGANIZATION OF TECHNOSPHERE SECURITY IN THE CONTEXT OF A RISK-BASED APPROACH IN THE RUSSIAN FEDERATION." Interexpo GEO-Siberia 6 (May 21, 2021): 38–45. http://dx.doi.org/10.33764/2618-981x-2021-6-38-45.
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Risk-oriented economic control and supervisory activity (CSA) consists in the fact that the objects of the economy under the supervision and control of the state are differentiated by the degree of probability of causing harm to human life and health, as well as material damage to the environment. The reform of the legislation affected the existing system of the CSA, including the procedure for implementing the CSA. Thus, the priority in conducting the CSA is directed towards measures to prevent violations and provide guarantees to economic entities in interaction with employees of executive authorities. The existing methodology for assessing the efficiency of the activities of executive authorities, to assess efficiency activities of executive authorities in terms of the efficiency of budget spending, trends in indicators of living standards, social and economic development of the region, as well as the degree of implementation of methods and principles of management at on level. At the moment, there is a need to develop indicators that characterize the efficiency of a particular executive authority, including the field of ensuring technosphere security. To select the indicators that characterize the efficiency of the activity, first of all, it is necessary to select the goals that the activities of the executive authority are aimed at.
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Siryk, V. "ORGANIZATIONAL FOUNDATIONS OF STATE EXECUTIVE ADMINISTRATIONS’ PARTICIPATION IN STATE-OWNED ERTERPRISES’ GOVERNANCE." East European Scientific Journal 2, no. 5(69) (June 15, 2021): 34–39. http://dx.doi.org/10.31618/essa.2782-1994.2021.2.69.53.
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The article considers and analyses theoretical and practical aspects of organizational foundations of participation of state executive authorities in governance of state-owned enterprises. Organizational aspect revealed through function and executive authority institutions that perform function. Efficiency of implementation of function as to of state executive authorities in governance of state-owned enterprises was considered as criteria of proper performance. The conclusions on dispersal function of governance, improper performance of executive authorities function as to governance of state-owned enterprises and need to establish liability and evaluate the effectiveness of officials in state-owned enterprises’ governance were reached.
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Pious, Richard M. "Presidential Machismo: Executive Authority, Military Intervention, and Foreign Relationsby Alexander DeConde." Political Science Quarterly 117, no. 4 (December 2002): 693–94. http://dx.doi.org/10.2307/798156.
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Shindina, A. V. "Delegation of Authority to the Executive Authorities of the Russian Federation." IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW 16, no. 4 (2016): 480–87. http://dx.doi.org/10.18500/1994-2540-2016-16-4-480-487.
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Stein, Dan J., and Eva Manyedi, for the Executive Committee of the C. "Clarifying the position statements of the Central Drug Authority Executive Committee." South African Medical Journal 106, no. 9 (August 18, 2016): 840. http://dx.doi.org/10.7196/samj.2016.v106i9.11283.
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Bloom, Evan Todd. "The Executive Claims Settlement Power: Constitutional Authority and Foreign Affairs Applications." Columbia Law Review 85, no. 1 (January 1985): 155. http://dx.doi.org/10.2307/1122407.
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