Academic literature on the topic 'Functions of administrative law'
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Journal articles on the topic "Functions of administrative law"
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Саранчук, Юрий, Yuriy Saranchuk, Игорь Мукиенко, and Igor Mukienko. "FUNCTIONAL MODEL OF ADMINISTRATIVE LAW." Advances in Law Studies 6, no. 2 (September 20, 2018): 20–25. http://dx.doi.org/10.29039/article_5b85b382a67ef7.08311690.
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The article considers a methodological approach to the analysis of administrative law as a system. The basis of this approach is the different content characteristic of the category "function" in the theory of administrative law. A brief overview of legal models based on the regulatory and protective functions of administrative law, public administration functions, and the functions of federal executive bodies is given.
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Perlingeiro, Ricardo. "Administrative Functions of Implementation, Control of Administrative Decisions, and Protection of Rights." British Journal of American Legal Studies 10, no. 1 (April 1, 2021): 1–25. http://dx.doi.org/10.2478/bjals-2020-0015.
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Abstract This essay includes a comparative analysis of the traditions of administrative law in Latin American and their impact on the contemporary scene and trends in the general orientations of its administrative justice systems. This analysis is limited to Latin American countries of Iberian origin under the jurisdiction of the Inter-American Court of Human Rights (“I/A Court H.R”). The method followed by the author is to point out the roles attributable to the administrative authorities and to attempt to identify a distinction in Latin America between the “administrative function of implementation”, “control of the legality of administrative decisions” (unrelated to any adjudicative function) and the “protection of rights” (by means of an adjudicative function) while examining their historical genesis and possible future trends. From that perspective, the text discusses certain administrative powers, such as disciplinary or other regulatory powers, and their forms of concrete application; the prerogatives and instruments of the authorities and of their decision-making employees in the exercise of the functions of implementation; the control of administrative decisions by those authorities themselves and by external bodies; and judicial and extrajudicial protection of rights against administrative decisions. The author concludes that Latin American administrative law, despite the fact that its civil-law substantive roots have always coexisted with judicial review typical of common law, is currently tending, on the one hand, to approximate the U.S. model of administrative adjudication and, on the other, to adapt to I/A Court H.R case law with respect to the administrative function of implementation in harmony with the fundamental right to good administration which, combined with a critical re-examination of diffuse control of the legality of administrative rules in court, would safeguard the true role of adjudicating bodies (administrative authorities or courts) in their function of protecting individual rights for the sake of more fair and equitable administrative justice.
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Tsyvinskyi, Oleksandr. "FEATURES OF PUBLIC OFFICIAL IN CRIMINAL LAW OF UKRAINE." Social & Legal Studios 12, no. 2 (June 30, 2021): 113–20. http://dx.doi.org/10.32518/2617-4162-2021-2-113-120.
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Introduction. In spite of definitude of the concept of public official directly in Criminal Code of Ukraine, its definition makes many difficulties. As the result there is an absence of the only approach concerning interpretation of context and amount of the concept in theory as well as ambiguous applying of relevant criminal and legal norms in enforcement practice. Purpose. The purpose of the article is to find out the subject matter of public official, as well as preparation of improvement of definition of the public official notion in criminal legislation. Results. Persons, that implement functions of a representative of authority or local self-administration, should also be referred as persons empowering the rights from state and its bodies; municipalities, bodies of local self-government make demands and solve problems, which are necessary for implementation by external respondents (entities, that are not subordinate by position and legal entities) and also implement from state, its bodies, bodies of local self-government enforcement measures in case of violations of legal norms. Organizational and regulatory functions should be exclusively considered as functions of administration working with employees that are implemented by person’s availability to make orders, instructions, commands, take encouragement and penalty measures referring to them. Administrative and economic functions should be perceived as functions of administration or disposal of other people’s property. Conclusion. Based on the research the author suggests to apply the defined term of public official instead of terms "an individual fulfilling functions of representative of authority or local self-government" "organizational and regulatory function" and "administrative and economic functions", terms "an individual empowered fulfilling state functions or local self-government", "functions concerning administration of work with employees" and "functions of administration and disposal of other people’s property" accordingly.
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Usatiy, Grygoriy. "Features of the subject matter of crimes in the sphere of official activity." Slovo of the National School of Judges of Ukraine, no. 3(32) (December 18, 2020): 125–32. http://dx.doi.org/10.37566/2707-6849-2020-3(32)-11.
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The article is sanctified to realization of criminal law analysis of individual issues, in particular: the concept of an official as a subject of a crime; categories (types) of officials; legislative definition of government representatives, interpretation of organizational and administrative and administrative and economic functions (responsibilities); definition of the content of the concept of “subordination”, etc. as circumstances subject to further proof.In the article the argued elucidations are given in relation to that, or there were deputies of Head of Administration of President of Ukraine in a period from 22.07.2014 for by 11.05.2019 official persons in understanding a century 18, century 364 or century 367 the Criminal code of Ukraine. Administration of President of Ukraine is an auxiliary, constantly operating body that is created by President of Ukraine on the basis of the article of a 106 Constitution of Ukraine. Thus, Administration does not make decision, obligatory for other subjects, does not carry out state imperious administrative functions, and it is not had to jurisdiction that spreads to certain territory, but thus is not a public organ in understanding of Law of Ukraine «About prevention of corruption». In according to the position of the Supreme Court, the Deputy Head of the Administration of the President of Ukraine is not an official of a state body. The position of the Deputy Head of the Administration of the President of Ukraine also does not belong to any of the categories of civil service positions defined by Article 6 of the Law of Ukraine «On Civil Service». The foregoing allows us to conclude that the Deputy Heads of the Presidential Administration of Ukraine in the period from 07.22.2014 to 05.11.2019 were employees of a permanent subsidiary body formed by the President of Ukraine with consultative and advisory functions. And they also did not perform organizational and administrative or administrative functions, and therefore were not officials in the understanding of Articles 18, 364, 367 of the Criminal Code of Ukraine. Key words: the subject of the crime, executive, government representative, organizational and administrative and administrative functions (responsibilities).
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Tripathi, Rajeshwar. "Concept of Global Administrative Law." India Quarterly: A Journal of International Affairs 67, no. 4 (December 2011): 355–72. http://dx.doi.org/10.1177/097492841106700405.
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Globalisation, which has integrated the whole world into a unit by a vast range of regulatory regime, has led to the emergence of a global state through international institutions. These institutions regulate the social, economic and political life of states. Therefore it has led to the emergence of the concept of Global Governance. This concept of Global Governance has led to development of the concept of Global Administrative Law (GAL). This GAL concept is based on the idea of understanding global governance as administration, which can be organised and shaped by principles of an administrative law character. In this way GAL is related to trans-governmental regulation and administration designed to address the consequences of globalised interdependence in such fields as security, trade conditions on development and financial assistance, banking and financial regulations, Intellectual Property Rights, Labour standards and cross-border movements of populations, including refugees. Isolated national regulations cannot govern these different areas and administrative measures and therefore various transnational systems of regulation or regulatory co-operation have been established through international treaties and organisations. To implement these regulations, transnational administrative bodies—including international organisations and informal groups of officials that perform administrative functions, are established. However these institutions are not directly subject to control by national governments or domestic legal systems or, in the case of treaty-based regimes, the states party to the treaty. However their regulatory decisions may be implemented directly against private parties by the global regime or more commonly through implementing measures at the national level. This situation has led to the question of accountability, fairness and transparency and due process in the functioning of these bodies. GAL is developed in response to this question, which attempts to extend the application of domestic administrative law to intergovernmental regulatory decisions that affect a nation.
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Prebilič, Vladimir, and Irena Bačlija. "Dynamics of Administrative Capacity in Slovenian Municipal Administrations." Lex localis - Journal of Local Self-Government 11, no. 3 (July 1, 2013): 545–64. http://dx.doi.org/10.4335/11.3.545-564(2013).
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A suitable quality level of the main functions and tasks of municipal administrations is a fundamental condition for the existence and development of every activity, not only for market-oriented organisations but also the public sector. Slovenian municipalities have not adopted a general policy on quality and it is therefore difficult to speak of the optimisation of work in a municipal administration, the efficiency and rationality of work, cost reduction, nor to evaluate the performance of an administration and the individual civil servants it employs. The authors of this article present the results of an empirical research project on administrative capacity carried out among the directors of Slovenian municipal administrations in both 2007 and 2012 and an analysis of the topic in the context of reorganisation of local administrations. By means of the Administrative Capacity Index (ACI), they evaluate the degrees of individual municipalities’ administrative capacities and establish at what population size a municipality can be regarded as administratively capable.
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Endang, M. Ikbar Andi. "LAW RATIO AND LAW IMPLICATION EXAMINATION OF AUTHORITY ABUSE ACCORDING TO LAW OF STATE ADMINISTRATION." Jurnal Hukum Peratun 3, no. 1 (February 28, 2020): 71–96. http://dx.doi.org/10.25216/peratun.312020.71-96.
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In the context of government action as a center point relate to public law protection, state administration jurisdiction along with its function as “judicature” (justiele functie – judicial function) belongs to characteristic of and/or repressive function. However, norm of Article 21 in Act Number 30 in 2014 about State Administration provide authority to State Administration Court to conduct assessments, whether there is any abuse of authority in decision making and/or administrative action (discretion) requested by an institution and/or an official of government administration, brings legal implication in form of a change in legal politic direction related to law enforcement in corruption crime eradication in this country in forms of preventive efforts, which is similarly as important as the corruption crime eradication itself, because corruption crime prevention is a condition sine qua non in corruption crime eradication. Based on the condition of characteristic and/or functions of state administration judiciary which is not merely repressive (merely functioning as “judiciary”), this writing attempts to provide basic of understanding to the judicial development of state administration along with its preventive roles and functions which are related to law enforcement in corruption crime eradication in forms of or types of state financial lost as it is legally defined in law ratio of norm of Article 21 in Act of government administration.
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Blihar, М. М. "Administrative law – the legal basis of realization of public administration." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 178–82. http://dx.doi.org/10.24144/2307-3322.2021.66.48.
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The article substantiates the thesis that administrative law is the legal basis for the implementation of public
administration. Each public institution performs a certain function in the state, which contributes to the imple- mentation of state policy in a particular area of public life in order to achieve the common good - building a civil society and the rule of law in a particular area. The institution of public administration is no exception as an activ- ity aimed at solving priority tasks and achieving specific goals to increase the efficiency of state bodies and enter- prises, institutions or organizations in a clearly defined area, optimizing their activities in view of a set of external and internal factors. Like any public activity, public administration is determined by the rules of law that regulate relations in this area and through which it is implemented and performs its direct functions. It was found out that public administration is realized through norms of administrative law. It is the norms of administrative law that can help to form such a model of public administration in Ukraine, which will make it possible to harmonize the relationship in the system “man - state” and ensure that the interests of both parties in public policy in all spheres of society. It is proved that administrative law with its system of institutions and legal norms should become the platform on which public administration in Ukraine will develop. Therefore, it is substantiated that public admin- istration is realized through the norms of administrative law, because it is the norms of administrative law that regulate the activities of executive authorities, local governments, enterprises, institutions and organizations, ie subjects of public administration.
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Ruslin, Ruslin. "An Existence of State Administration Court in Establishing Good Governance." Aloha International Journal of Multidisciplinary Advancement (AIJMU) 1, no. 1 (January 31, 2019): 1. http://dx.doi.org/10.33846/aijmu10101.
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Administration officials have broad authority in carrying out the affair of government. With this broad authority tends to be misused to cause harm and injustice in the society, therefore there must be other institutions that control it. Based on the theory of Trigs Politico executive agencies are politically controlled by the legislative and juridical institutions controlled by the judiciary, because the officials running the state administration executive functions that control the judiciary is legally the state administrative court. Judicial control of administrative functions of the state administrative court in addition aims to provide legal protection for the public and state administration officials themselves, as well as state administrative law enforcement agencies who aspire to realize a good and authoritative government.
Keywords: Good government, State administration court
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Schöndorf-Haubold, Bettina. "The Administration of Information in International Administrative Law - The Example of Interpol." German Law Journal 9, no. 11 (November 1, 2008): 1719–52. http://dx.doi.org/10.1017/s2071832200000638.
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The photos of the presumed child abuser were published all around the world and resulted in the arrest of the wanted person in no time. Within only a few months, Interpol has twice issued public searches for wanted persons on its own initiative. The immediate success seemed to justify the measures. Does Interpol evolve into a veritable international criminal police? Since Interpol's competences for operational measures are still limited, it seems more appropriate to qualify Interpol as an agency with purely coordinative and providing functions and, accordingly, as an example for international administration.
Dissertations / Theses on the topic "Functions of administrative law"
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Миронець, Оксана Миколаївна. "FUNCTIONS OF ADMINISTRATIVE LAW IN AVIATION SPHERE." Thesis, Національний авіаційний університет, 2014. http://er.nau.edu.ua/handle/NAU/13014.
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In the article the author investigates the functions of administrative law in the sphere of aviation. The question of the legal nature of the rules about offences on air transport in accordance with the functional orientation, that are in the Code of Ukraine on Administrative Offences, was discussed.
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Guimarães, Bernardo Strobel. "Da regulação como função de direito administrativo." Universidade de São Paulo, 2007. http://www.teses.usp.br/teses/disponiveis/2/2134/tde-25022008-155225/.
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O Direito Administrativo vem passando por notáveis mudanças. Dentre elas destaca-se o incremento da regulação. Embora não se apresente como uma novidade completa, a regulação é noção que - sintetizando matrizes da noção de poder de polícia e do conceito de serviço público - tem se insinuado como o modo de atuação do Estado Regulador. O presente trabalho visa a buscar compreender melhor esse fenômeno. Para tanto, primeiramente, analisar-se-ão diversos modelos de Estado e o modo de atuação da Administração neles. Posteriormente, buscou-se conceituar a regulação enquanto instituto, destacando sua previsão constitucional. Por fim, proceder-se-á a análise das finalidades, dos meios de atuação e do controle do exercício da função de regulação.The administrative law is going through sensible changes. Among them the increment of the regulation is distinguished. Even though it doesn\'t shows itself as something completely new, the regulation is the notion that synthesizes matrixes of the notion of police power and the public service concept showing itself as the Regulatory State\'s way of acting. The following paper will search the comprehension of this phenomenon. In order to achieve that, firstly, various models of State and the way their administration acts will be analyzed. After, the regulation, as an institution, will be explained giving focus to its constitutional predictions. In the end an analysis of purposes, means of acting and the army control of the regulatory function will be conducted.
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Миронець, Оксана Миколаївна. "A concept to implement a protective function of administrative law." Thesis, Актуальні питання державотворення в Україні: матеріали Міжнародної науково-практичної конференції (20 травня 2016 року) / Редкол.: д.ю.н. І. С. Гриценко (голова), к.ю.н. І. С. Сахарук (відп. ред.) та ін. – В 3-х томах. - Том 3. – К.: ВПЦ «Київський університет», 2016. – 304 c, 2016. http://er.nau.edu.ua/handle/NAU/28452.
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Lin, Ching-Lang. "Arbitration in administrative contracts : comparative law perspective." Thesis, Paris, Institut d'études politiques, 2014. http://www.theses.fr/2014IEPP0023/document.
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Il a été longuement discuté de savoir si le système d'arbitrage est applicable pour régler les litiges administratifs qui concernent certains contrats administratifs ou d’autres sans rapport avec le contrat administratif. Dans cette thèse, les trois questions spécifiques sont analysées tour à tour : (1) Est-il possible pour un arbitre ou un tribunal arbitral de trancher des questions relevant du droit administratif? (2) Y a-t-il, ou devrait-il y avoir, des limitations à l'autorité des arbitres et des tribunaux arbitraux? (3) Enfin, après la délivrance d'une sentence arbitrale, quel rôle devrait jouer l'État dans la phase de contrôle judiciaire? La première question concerne l'arbitrabilité et a été discutée dans la première partie (FIRST PART: ARBITRABILITY). La deuxième question a été discutée dans la deuxième partie (SECOND PART: PARTICULAR QUESTIONS OF ADMINISTRATIVE MATTERS IN ARBITRATION PROCEDURE). Enfin, sur la dernière question a fait l’objet d’une troisième partie (THIRD PART: JUDICIAL REVIEW AND EXECUTION OF ARBITRATION AWARD). Dans cette thèse, nous avons comparé les systèmes de quatre pays (Canada, Chine, France, Taïwan). En conclusion, nous pouvons donc conclure que l’évolution de la conception du contrat administratif implique de nombreux aspects, y compris les aspects juridiques, économiques, politiques et même culturels. Le développement de la fonction de contentieux administratif, comme ‘’subjectivement orienté" ou "objectivement orienté" aura une incidence sur l'acceptation de l'arbitrage en matière administrative. Dans l'ensemble, l'arbitrage sera plus acceptable dans les systèmes dont la fonction est plus ‘’subjectivement orientée" que dans ceux dont la fonction est "objectivement orientée"While arbitration has traditionally been considered as a means to resolve private disputes, its role in disputes involving administrative contracts is a crucial question in administrative law. In brief, the three specific questions are (1) Can arbitrators or arbitral tribunals decide issues involving administrative law? and (2) Is there, or should there be, any limitation on the authority of arbitrators or arbitral tribunals? (3) Moreover, after the issue of an arbitration award, what role should the State play in the judicial review phase? The first question, the issue of arbitrability, is discussed in part 1 (FIRST PART: ARBITRABILITY). The second question will be discussed in part2 (SECOND PART: PARTICULAR QUESTIONS OF ADMINISTRATIVE MATTERS IN ARBITRATION PROCEDURE). Finally, on the question of what happens after the arbitration award, we will discuss judicial review in part 3 (THIRD PART: JUDICIAL REVIEW AND EXECUTION OF ARBITRATION AWARD). We compare legal systems between the four countries: in France, in Canada, in China and in Taiwan. We believe that an administrative contract, at least in its function and conception, is gradually becoming different from a private contract. Innovation with respect to administrative contracts will also reflect the concentration and function of the administrative litigation systems in each country. In addition, the “objective” or “subjective” function of administrative litigation will also affect the degree of arbitrability, as well as arbitration procedures. Taken together, arbitration will be more acceptable in systems whose function is more “subjectively oriented” than in those whose function is “objectively oriented". Finally, “the arbitration of administrative matters” traditionally has been an important question in administrative and arbitration law. In the future, we will continue to see it shine in the doctrine and jurisprudence of both the administrative and arbitration law fields
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Kmonk, Katarzyna. "Les mutations des catégories juridiques du droit administratif français." Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLV089.
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À l’origine, le droit administratif apparaissait essentiellement comme le droit applicable aux personnes publiques. Cette tendance imprégnait les catégories juridiques du droit administratif, marquées par la prédominance de l’élément organique, personne publique, dans l’assujettissement au droit administratif. Bien que le cadre conceptuel d’autrefois demeure aujourd’hui inchangé, il en va différemment désormais.La teneur des évolutions actuelles du droit administratif est remarquable. D’une part la participation croissante des personnes privées à l’action administrative, d’autre part l’interventionnisme des personnes publiques dans les sphères jadis réservées à l’action privée rejaillissent nécessairement sur les contours des catégories juridiques du droit administratif. Ces dernières doivent inévitablement refléter pareils changements. Deux tendances permettent d’en livrer témoignage. La première démontre que l’élément organique, la présence de la personne publique, perd de l’influence dans l’assujettissement au droit administratif. Il est, certes, toujours présent au sein des catégories juridiques, mais son rôle se transforme. La seconde conduit à observer que l’idée de fonction prend désormais la place de l’organe dans la logique de la soumission au droit administratif. Notre réflexion s’oriente ainsi vers la construction de la représentation de l’idée même de fonction et, plus spécifiquement, de la fonction administrative. Elle permet d’affirmer que la fonction administrative fournit une base explicative performante de l’assujettissement des catégories juridiques au droit administratif. C’est en effet la fonction d’intérêt général « caractérisé », dans le cadre de laquelle les catégories juridiques du droit administratif apparaissent, qui semble désormais déterminer et justifier leur statut juridique. Toutefois, cette tendance ne se manifeste pas uniformément au sein des catégories juridiques du droit administratif. Elle progresse néanmoins de manière constante et ne cesse de gagner de nouveaux terrainsOriginally, administrative law appeared essentially as the law applicable to public persons. This tendency permeated the legal categories of administrative law, marked by the predominance of the organic element, public person, in the subjection to administrative law. Although the conceptual framework of the past, unchanged today, it is different now.The content of current developments in administrative law is remarkable. On the one hand, the increasing participation of private persons in administrative action, on the other hand, the interventionism of public persons in the spheres formerly reserved for private action, necessarily affect the contours of the legal categories of administrative law. These must inevitably reflect such changes. Two trends are possible to set an example. The first shows that the organic element, the presence of the public person, loses influence in the subjection to administrative law. It is certainly always present in the legal categories, but its role is changing. The second leads to the observation that the idea of function now takes the place of the organ in the logic of submission to administrative law. Our reflection is thus oriented towards the construction of the representation of the very idea of function and, more specifically, of the administrative function. It makes it possible to affirm that the administrative function provides a powerful explanatory basis for the subjugation of legal categories to administrative law. It is indeed the 'specific' function of general interest, in which the legal categories of administrative law appear, which now seems to determine and justify their legal status. However, this trend is not uniformly reflected in the legal categories of administrative law. It is nevertheless progressing steadily and continues to gain new ground
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Pimiento, Echeverri Julián Andrés. "Regulation commissions in Colombian law. Anatomy of a government agency." Pontificia Universidad Católica del Perú, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/116515.
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Economic regulation as an administrative activity has become one of the quintessential subjects in modern Colombian administrative law. Despite the fact that Colombian law uses a fairly restrictive, organic, approach to economic regulation, few studies have analysed that connection between economic regulation and Government agencies. Without taking sides with that restrictive approach, this article tries to show the inconsistencies and difficulties to regulate properly in Colombian law, because of that connection between that administrative activity and those special agencies: the regulation commissions.La regulación en el derecho colombiano es un tema de capital importancia que ha venido ganándose un lugar primordial en el moderno derecho administrativo. Sin embargo, a pesar de que en ese sistema jurídico parece haberse acogido un concepto restringido, orgánico, de regulación económica, no muchos académicos se han ocupado de analizar las estructuras que se han encargado tradicionalmente de ejecutar esas actividades. Sin tomar partido por un concepto restrictivo de regulación, este estudio pretende demostrar las incoherencias y dificultades de la función de regular en el derecho colombiano, por su vinculación artificial a determinadas estructuras administrativas: las comisiones de regulación.
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Beltramim, Larissa. "Direito e gestão pública: política pública como forma de manifestação da função administrativa aplicabilidade do regime jurídico administrativo ao ciclo de gestão de políticas públicas no Brasil." Pontifícia Universidade Católica de São Paulo, 2011. https://tede2.pucsp.br/handle/handle/5593.
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Previous issue date: 2011-05-26The present master thesis aims to investigate the possibility of recognizing public policies as a manifestation of the administrative function within Administrative Law and, consequently, the applicability of the administrative judicial regime concerning the administration cycle of those public policies, regarding the Brazilian Federal Constitution (1988). Considering that Brazil is characterized by a socioeconomic diversity and development, the issue of public policies deserves to be better discussed and understood within the social context that attributes continuous legitimacy to the State, which is responsible for implementing social policies, and therefore, needs to improve the strategic organization of its multiple functions. From a systematic interpretation of the Federal Constitution it is possible to extract a group of norms that regulates public policies in the sphere of the Federal Public Administration, which is oriented for fulfilling the goals of the Brazilian State. The aim of this thesis is to analyze, through a principiological perspective concerning the positive law, the relationship between the concepts of public policy and administrative function. This relationship is considered to be healthy for the public administration once it is concerned and compromised with the protection and promotion of fundamental rights. Furthermore, it must enhance specific mechanisms of administration that justify the public choices. Given this analysis, one can understand the direct correspondence between the elements of the concept of public policies and those elements of the administrative function. Both concepts converge for giving birth to a relationship of group administrative function and subgroup public policy. Therefore it is important to recognize public policies as part of the Administrative Law. It is also urgent to recognize the need to establish a methodology of investigation about the legal correspondence between public policies and the judicial administrative regime, through its applicability regarding the different phasis of the administration cycle of public policies, which enables the improvement of the instruments of governmental action and, therefore, the fulfillment of the fundamental rights
O presente trabalho investiga a possibilidade de reconhecer a política pública como forma de manifestação da função administrativa, no âmbito do Direito Administrativo, e a conseqüente aplicabilidade do regime jurídico administrativo ao ciclo de gestão de políticas públicas, à luz da Constituição Federal de 1988. Num país caracterizado pela diversidade e pelo pleno desenvolvimento econômico e social, o tema das políticas públicas merece destaque num contexto social que, cada vez mais, confere legitimidade ao Estado realizador de finalidades coletivas e, portanto, necessita aperfeiçoar a ordenação estratégica para o exercício de suas múltiplas funções. Da interpretação sistemática da Constituição é possível extrair o conjunto de normas que regulam as políticas públicas no âmbito da Administração Pública Federal, orientado para a realização dos objetivos do Estado brasileiro. Nosso objetivo é analisar, sob a ótica do direito positivo, mediante uma justificação principiológica, a relação entre os conceitos de política pública e de função administrativa, considerada salutar para a concepção de uma boa administração pública, que zele pela efetivação dos direitos fundamentais e que contemple nos mecanismos de gestão a justificação das escolhas públicas. Dessa análise, percebe-se a correspondência direta entre os elementos do conceito de política pública e aqueles da função administrativa, explicitando que os dois conceitos convergem para uma relação de gênero (função administrativa) e espécie (política pública). Daí a importância do reconhecimento da política pública no âmbito do Direito Administrativo e a necessidade de estabelecer uma metodologia de verificação da correspondência legal da política pública ao regime jurídico administrativo, por meio de sua aplicabilidade às etapas do ciclo de gestão de políticas públicas, propiciando o aperfeiçoamento dos instrumentos da ação governamental e, portanto, a efetivação dos direitos da população
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Ambeu, Akoua Viviane Patricia. "La fonction administrative contentieuse en Côte d'Ivoire." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30048/document.
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D’une manière générale, la fonction administrative contentieuse peut être appréhendée comme l’ensemble des juridictions chargées de connaître des litiges résultant de l’activité des autorités administratives. Elle represente l’activité juridictionnelle en matière administrative. Par conséquent, la fonction administrative contentieuse doit s’appréhender tant sous l’angle d’une juridiction, que sous celle de son juge. L’institution d’une fonction administrative contentieuse en Côte d’Ivoire remonte à l’époque coloniale. Cependant, à l’instar de la plupart des ex-colonies françaises, ce n’est qu’au lendemain de l’indépendance en 1960, que la fonction administrative contentieuse ivoirienne s’est affirmée en tant que fonction juridictionnelle autonome à l’égard du système français. La procédure administrative non contentieuse, comme la procédure administrative contentieuse dont il est question dans l’étude ont connu de grands progrès tant en France que dans les pays francophones d’Afrique pour lesquels le système de juridiction administrative comme le droit qu’il vise à contrôler ont longtemps constitué, selon la belle formule de Jean RIVERO, un bon « produit d’exportation » français. La Côte d’ivoire n’échappe pas à ce constat. Aussi l’étude de la fonction administrative contentieuse en Côte d’Ivoire a pour objet de dessiner la physionomie générale de la justice administrative ivoirienne un demi siècle après son institution afin d’en souligner les éléments de permanence ou de changementGenerally speaking, the contentious administrative function can be arrested as all the jurisdictions asked to know disputes resulting from the activity of the authorities. She represente the jurisdictional activity in administrative subject. Consequently, the contentious administrative functio has to dread as long under the angle of a jurisdiction, that under that of his judge. The institution of a contentious administrative function (office) in Ivory Coast goes back up to the colonial time. However, following the example of most of the French ex-colonies, it is that after the independence in 1960, that the Ivory Coast contentious administrative function asserted itself as autonomous jurisdictional office towards the French system. The not contentious administrative procedure, as the contentious administrative procedure question of which it is in the study knew big progress both in France and in the French-speaking countries of Africa for which the system of jurisdiction administrative as the right at which it aims at checking constituted for a long time, according to the Jean RIVERO's beautiful formula, a voucher " produced by export " French. Ivory Coast does not escape this report. So, the study of the contentious administrative office in Ivory Coast has for object to draw the general face of the Ivory Coast administrative justice half a century after her institution to underline the elements of durability or change
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Heim, Aileen F. "Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions| What Lessons Can Be Learned From This First Effort to Address Government Contractors Employees' Personal Conflicts of Interest." Thesis, The George Washington University, 2013. http://pqdtopen.proquest.com/#viewpdf?dispub=1537342.
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Personal conflicts of interest among contractor employees are an increasingly visible and controversial area of U.S. Government contracting, given the U.S. Government’s expanded reliance on contractor personnel. On November 2, 2011, the FAR Council issued a final rule on preventing personal conflicts of interest for contractor employees performing acquisition functions and issued a request for information regarding whether other privately contracted services in addition to acquisition support present sufficient risk to the integrity of the U.S. Government procurement process to warrant additional regulation.
This paper will review the defects in the new rule; will evaluate what lessons can be learned from the new rule to enhance future rules governing the personal conflicts of interest of U.S. Government contractors’ employees; and recommend better integration of U.S. Government compliance regulations to include conflicts of interest rules, protection of proprietary information, and the mandatory disclosure rule to reduce contractor compliance cost and promote implementation efficiencies through integration.
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Mady, Fernando Keutenedjian. "Função social dos negócios jurídico-adminstrativos." Pontifícia Universidade Católica de São Paulo, 2012. https://tede2.pucsp.br/handle/handle/6058.
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Previous issue date: 2012-11-23This work aims to demonstrate the possibilities of applying the principle of the social function to administration legal transaction, with its specificities. Justified the need of his scientific study by the fact that, despite it is a constitutional principle implicit, doctrine not gave adequate treatment and ample in the administration legal transaction. The methodology used was to demonstrate and to identify its origin to establish their effects on other areas and their differences with other legal institutions, conceptualize it and at the end, pointing their possible applications in various administrative activities. Was approached with the view that law was executed the exposed in the beginning. This was related to institutes or overlapping as objective good faith, trust in the protection of legitimate public interest and particularly by the Administrator. In preparing this essay, pointed to possible functions to the principle of social function in the legal and administrative business: integrative, interpretive and inhibitory
Almeja-se neste trabalho demonstrar possibilidades de aplicação do princípio da função social aos negócios jurídico-administrativos, com suas especificidades. Justifica-se a necessidade científica de seu estudo pelo fato de que, a despeito de se tratar de um princípio constitucional implícito, não recebeu da doutrina tratamento adequado e amplo na seara dos negócios jurídicos da Administração. A metodologia utilizada foi a de demonstrar e identificar sua origem, estabelecer seus efeitos em outros planos e suas diferenças com outros institutos jurídicos, conceituá-lo e, ao final, apontar suas possíveis aplicações nas diversas atividades administrativas. Foi abordada a visão de Direito com que se executou o exposto no início. Tratou-se de institutos correlatos ou sobrepostos como a boa-fé objetiva, a confiança legítima na tutela do interesse público pelo Administrador e particular. Com elaboração desta dissertação, apontou-se possíveis funções ao princípio da função social nos negócios jurídico-administrativos: integrativa, interpretativa e inibidora
Books on the topic "Functions of administrative law"
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Comer, John P. Legislative functions of national administrative authorities. Clark, N.J: Lawbook Exchange, 2003.
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Jones, Timothy H. The law-elaboration function of regulatory agencies. Manchester: University of Manchester, Faculty of Law, 1991.
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Jones, Timothy H. The law-elaboration function of regulatory agencies. Manchester, England: Faculty of Law, University of Manchester, 1991.
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Workshop on International Relations, International Law, and the Functions of Parliament (2001 Jos, Nigeria). International relations, international law and the functions of parliament: Report of a workshop. Lagos: Nigerian Institute of International Affairs, 2001.
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Pakistan. The major acts: Amendments & case laws up to date : containing Punjab marriage functions ... Lahore: Manzoor Law Book House, 2004.
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Fa lü ti xi xing cheng yu fa yuan zhi neng zuo yong: The legal system formation and the court functions. Beijing Shi: Fa lü chu ban she, 2012.
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New Jersey. Legislature. General Assembly. Housing Committee. Committee meeting before Assembly Housing Committee: Assembly bill no. 1475 (redesignates DCA as Department of Housing, reorganizes and transfers functions). Trenton, N.J: Office of Legislative Services, Public Information Office, Hearing Unit, 1992.
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Aves, Salvador A. Handbook for solemnizing officers in the Philippines: Based on the Administrative Order no. 1, series of 2007 : with Philippine Supreme Court decisions, Department of Justice (DOJ) opinions and Office of the Civil Registrar General (OCRG) memo/circulars concerning duties and functions of local civil registrars. Manila, Philippines: Rex Book Store, 2007.
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United States. Congress. Senate. Committee on Governmental Affairs. The Federal Property and Administrative Services Authorization Act of 1992: Report of the Committee on Governmental Affairs, United States Senate, to accompany S. 1958, to authorize functions and activities under the Federal Property and Administrative Services Act of 1949, to amend laws relating to federal procurement, and for other purposes. Washington: U.S. G.P.O., 1992.
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American Institute of Certified Public Accountants. New Jersey Annual Claims Prompt Payment Reports Task Force. Performing agreed-upon procedures engagements that address annual claims prompt payment reports as required by the New Jersey administrative code. New York, NY: American Institute of Certified Public Accountants, 2002.
Find full textBook chapters on the topic "Functions of administrative law"
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Brancasi, Antonio. "The New Functions of Public Budgets." In The Changing Administrative Law of an EU Member State, 71–87. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-50780-0_5.
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Bobek, Michal. "Reasonableness in Administrative Law: A Comparative Reflection on Functional Equivalence." In Reasonableness and Law, 311–26. Dordrecht: Springer Netherlands, 2009. http://dx.doi.org/10.1007/978-1-4020-8500-0_15.
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Trevisanut, Seline. "The Exercise of Administrative Functions by ITLOS: A Comment on Prompt Release Cases." In International Courts and the Development of International Law, 311–23. The Hague, The Netherlands: T. M. C. Asser Press, 2013. http://dx.doi.org/10.1007/978-90-6704-894-1_25.
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Heo, Seong-Wook. "5. The Judicial Review Criteria in Korean Administrative Litigation: The Proportionality Principle in Korean Administrative Law and Democratic Accountability." In The Functional Transformation of Courts, 93–102. Göttingen: V&R Unipress, 2015. http://dx.doi.org/10.14220/9783737004909.93.
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Barnes, Javier. "New Frontiers of Administrative Law: A Functional and Multi-Disciplinary Approach." In Common European Legal Thinking, 563–88. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-19300-7_31.
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Nylund, Anna. "Institutional Aspects of the Nordic Justice Systems: Striving for Consolidation and Settlements." In Ius Gentium: Comparative Perspectives on Law and Justice, 187–211. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-74851-7_11.
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AbstractThis chapter maps the structure of the Nordic justice systems and explores whether and why one could argue that there is a ‘Nordic’ structure. The aim is also to examine recent changes and to investigate whether these entail a cultural shift in some or all Nordic countries. It examines shifts in the intended functions of the courts; changes in the court structure; and the use of alternative dispute resolution outside courts. It argues that the while the private functions of Nordic courts have been accentuated in recent decades in that courts are increasingly expected to facilitate amicable solutions, while alternative dispute resolution outside courts has also been important. It also discusses how the ideal of the generalist judge has been important in consolidating the Nordic court structure. While most of these changes are congruent across the Nordic countries, and have hence strengthened the Nordic court culture, differences among the countries regarding recourse against administrative decisions are growing. New differences among the Nordic countries have emerged and these do not follow the existing divide between the East-Nordic and the West-Nordic countries.
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Singh, Mahendra P. "Administrative Powers: Administrative Act." In German Administrative Law in Common Law Perspective, 63–93. Berlin, Heidelberg: Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-662-07456-5_3.
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Pilavakis, Andreas J. "General Administrative Functions." In UNIX Workshop, 160–77. London: Macmillan Education UK, 1989. http://dx.doi.org/10.1007/978-1-349-19900-6_14.
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Perkel, Sara J., Gloria Stewart, Lisa Lattal, Linda M. Arenth, Catherine Kelleher, Anne Kammer, Bruce I. Blum, Gary L. Kinsey, Farideh Momeni, and Alan W. Sacker. "General Administrative Functions." In A Clinical Information System for Oncology, 178–216. New York, NY: Springer New York, 1989. http://dx.doi.org/10.1007/978-1-4612-3638-2_8.
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Kuperman, Gilad J., Reed M. Gardner, and T. Allan Pryor. "Miscellaneous Administrative Functions." In Computers and Medicine, 114–22. New York, NY: Springer New York, 1991. http://dx.doi.org/10.1007/978-1-4612-3070-0_11.
Full textConference papers on the topic "Functions of administrative law"
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Arakelyan, Vanuhi. "TRAINING STANDARDS FOR ADMINISTRATIVE HEADS IN THE JUDICIARY SYSTEM 2." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.21.
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The report raises questions related to the need for training standards for administrative heads/managers in the Bulgarian judiciary system. The existing normative frameworks for the required skills and qualities for an administrative head in a judicial body are examined, as well as a European classification for the types of powers and functions of the administrative heads is presented. Based on the analysis, the need for training for the acquisition of different in content and characteristics skills is substantiated, and the main standards by which it should be conducted are presented.
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Chakаldzhiyan, Mikael. "THE NEED AND POSSIBILITIES FOR AMENDMENTS TO THE CONSUMER PROTECTION ACT REGARDING THE ADMINISTRATIVE ASPECTS OF THE IMPLEMENTATION OF DIRECTIVE 2005/29 / EC." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.284.
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Directive 2005/29 / EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market has been applied in the Republic of Bulgaria since 2007. The Directive performs its functions, but at present the Consumer Protection Act needs additions related to the text of the Directive, as well as additions on some aspects, so as to achieve its purpose.
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Rodina, Anita, and Annija Karklina. "Control Over Legality of Parliamentary Elections in a State Governed by the Rule of Law." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.14.
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The article examines the genesis of control over the legality of the Saeima (the parliament of the Republic of Latvia) elections, particularly focusing on the judicial review of the Saeima elections. The particularities of the control over elections, which differentiate them from typical administrative legal proceedings, are highlighted in the publication. The article presents findings of the case law regarding the limits of controlling the legality of elections and the cases when the court could revoke a decision by the Central Election Commission on approving the results of the Saeima elections. In view of the fact that sometimes the regulation set out in the Saeima Election Law has been criticised in the Latvian legal science, namely, that the legality of elections is controlled by the Department of Administrative Cases of the Supreme Court’s Senate rather than the Constitutional Court, the authors examine the models of controlling the legality of elections found in various states and provide their assessment of whether the control functions should be transferred into the jurisdiction of the Latvian Constitutional Court.
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Melnyk, I. V. "Principles of the implementation of law enforcement functions by public administration entities in Ukraine." In PUBLIC ADMINISTRATION: EUROPEAN DEVELOPMENT STRATEGIES. Baltija Publishing, 2021. http://dx.doi.org/10.30525/978-9934-26-045-2-36.
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Николаев, Александр Геннадьевич, and Александр Олегович Джиоев. "ORGANIZATION OF THE ACTIVITIES OF THE POLICE UNITS OF THE REPUBLIC OF SOUTH OSSETIA TO ENSURE PUBLIC SAFETY." In Научные исследования в современном мире. Теория и практика: сборник избранных статей Всероссийской (национальной) научно-практической конференции (Санкт-Петербург, Июнь 2021). Crossref, 2021. http://dx.doi.org/10.37539/nitp317.2021.36.94.009.
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В статье рассмотрены вопросы организации деятельности милиции Республики Южная Осетия в сфере обеспечения общественной безопасности. Раскрываются отдельные аспекты ее деятельности, связанные с административно-правовым регулированием, формированием организационных структур, выполняемыми правоохранительными функциями, подбором и расстановкой персонала, а также их мотивации к добросовестному несению службы. The article deals with the issues of organizing the activities of the militia of the Republic of South Ossetia in the field of ensuring public safety. The article reveals certain aspects of its activities related to administrative and legal regulation, the formation of organizational structures, performed by law enforcement functions, the selection and placement of personnel, as well as their motivation for conscientious service.
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"The Method of Studying Administrative Law." In 2017 International Conference on Humanities, Arts and Language. Francis Academic Press, 2018. http://dx.doi.org/10.25236/humal.2017.67.
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MARIA, CILIBIU OCTAVIA. "ADMINISTRATIVE CONTRAVENTION RESPONSIBILITY IN ENVIRONMENTAL LAW." In 13th SGEM GeoConference on ECOLOGY, ECONOMICS, EDUCATION AND LEGISLATION. Stef92 Technology, 2013. http://dx.doi.org/10.5593/sgem2013/be5.v2/s23.001.
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Szőllős, Andrea. "The European Administrative Space - in the Mirror of Administrative Law Principles." In MultiScience - XXXI. microCAD International Multidisciplinary Scientific Conference. University of Miskolc, 2017. http://dx.doi.org/10.26649/musci.2017.094.
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Косач, Наталья, and Natal'ya Kosach. "About influence of administrative legislation on maintenance of discipline «Administrative law»." In St. Petersburg international Legal forum RD forum video — Rostov-na-Donu. Москва: INFRA-M Academic Publishing LLC., 2017. http://dx.doi.org/10.12737/conferencearticle_5a3a6fa8b87358.58681276.
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The article deals with the problematic issues of teaching the Administrative Law. The interrelation between administrative law and changes in the organization of state administration is analyzed. Substantiates the proposal to include a section on the institution of administrative justice.
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Grechenkova, K. A. "Historical correlation of criminal and administrative law." In General question of world science. НИЦ «Л-Журнал», 2018. http://dx.doi.org/10.18411/gq-31-07-2018-15.
Full textReports on the topic "Functions of administrative law"
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Kelly, Luke. Policy and Administrative Barriers to IDPs Accessing Basic Services. Institute of Development Studies (IDS), July 2021. http://dx.doi.org/10.19088/k4d.2021.112.
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Literature shows that IDPs struggle to access services, which has an impact on their ability to live healthy and fulfilling lives. In the field of health, IDPs frequently have worse outcomes than both host community and refugees. This rapid literature review finds evidence of a number of policy and administrative barriers to access of services for internally displaced persons (IDPs). IDPs remain citizens of the countries in which they are displaced, and the national authorities retain responsibility for meeting their basic rights. However, their displacement, loss of livelihoods and assets, lack of documentation, as well as discrimination against them, lack of protection under international law, lack of policy to address their needs, poor services and conflict or disaster conditions, can all make it more difficult for IDPs to access basic services than non-displaced citizens. There is relatively little literature systematically addressing the issue of administrative and policy barriers to service access among IDPs. Much of the literature discusses IDPs alongside refugees (who have a different legal status and access to different national and international support), or discusses the whole range of difficulties facing IDPs but does not focus on administrative or policy barriers. The literature frequently does not compare IDPs and other citizens and service users. Nevertheless, policy and administrative barriers are discussed, ranging from analysis of international instruments on IDPs to documentation procedures in particular countries. Much of the literature shows the prevalence of disease, lack of school attendance, limited provision of services etc. faced by IDPs, but does not discuss the policy and administrative barriers in detail.
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Papastergiou, Vasilis. Detention as the Default: How Greece, with the support of the EU, is generalizing administrative detention of migrants. Oxfam, Greek Council for Refugees, November 2021. http://dx.doi.org/10.21201/2021.8250.
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Putting migrants and asylum seekers into detention for administrative reasons is a common practice in Greece, despite this policy contravening human rights. Greek authorities are using detention and the new EU-funded closed compounds as a way to discourage people from seeking asylum in Europe. Detention, as outlined in Greek law, should only be used as a final resort and only then in specific instances. Detention carries with it not only a financial cost, but also a considerable moral cost. Detention without just cause violates basic human rights, such as freedom of movement, the right to health and the right to family life. Alternatives to detention exist and must be prioritized.
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Lewis, Dustin, Radhika Kapoor, and Naz Modirzadeh. Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council. Harvard Law School Program on International Law and Armed Conflict, December 2021. http://dx.doi.org/10.54813/uzav2714.
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The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.
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Harris, Jody, Sarah Gibbons, O’Brien Kaaba, Tabitha Hrynick, and Ruth Stirton. A ‘Right to Nutrition’ in Zambia: Linking Rhetoric, Law and Practice. Institute of Development Studies (IDS), August 2021. http://dx.doi.org/10.19088/ids.2021.051.
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Zambians in all walks of life are affected by malnutrition, and working through human rights is one key way to address this injustice. Based on research aiming to understand how a ‘right to nutrition’ is perceived by different actors globally and in Zambia, this brief presents a clear framework for a rights-based approach to nutrition in Zambia. This framework identifies rhetorical, legal and practical functions of human rights, and offers a way to think through clearly how different actors might work on the different aspects of rights. Addressing these three aspects of a right to nutrition all together – instead of by very separate constituencies as happens now – is fundamental to a coherent rights-based approach to nutrition. This brief outlines which actors need to come together – from law and policy, activism and communities, across global, national and local levels – and suggests how to start. It lays out the Zambian policy, legal and practical environment as it stands, and suggests actions to move forward in each of these areas in ways that are consistent with the different aspects of rights. Through these steps, Zambia can become known as a hub of action on a right to nutrition, to join with others in using human rights to address the injustice of malnutrition.
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Gutierrez-Arias, Ruvistay, Ximena Neculhueque-Zapata, Raul Valenzuela-Suazo, and Pamela Seron. Assessing people's functioning through rehabilitation registries systems. A rapid scoping review protocol. INPLASY - International Platform of Registered Systematic Review and Meta-analysis Protocols, February 2022. http://dx.doi.org/10.37766/inplasy2022.2.0006.
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Review question / Objective: 1.- To systematize the available scientific evidence on rehabilitation models and rehabilitation registries systems, which allow for the assessment of people's functioning; 2.- To describe rehabilitation data registries systems used internationally and the "minimum data set" that relate to the functioning of persons. Eligibility criteria: - Population: Studies that have enrolled adult or paediatric patients, with any condition or pathology that could potentially result in low functioning or disability, related to impairments, activity limitation or restriction in participation, according to the International Classification of Functioning, Disability and Health (ICF) framework will be included. - Concept: Studies that submitted data from a rehabilitation registry, bank, or database containing a minimum data set will be included. These registries may include clinical and administrative information that can be used to improve the quality of care, monitor or answer research questions. - Context: Studies that have been conducted in a context of rehabilitation programs and assessment of function or disability, at any level of care, and that have directly or indirectly addressed aspects or variables that can account for functioning, capacity, or participation according to the ICF framework will be included. The inclusion of studies will not be limited by their methodological design, since they will be used to identify rehabilitation registries or databases, so primary studies (cohort studies, case-control studies, among others) and secondary studies (systematic reviews, exploratory reviews, among others) will be considered.
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Lewis, Dustin, Naz Modirzadeh, and Gabriella Blum. War-Algorithm Accountability. Harvard Law School Program on International Law and Armed Conflict, August 2016. http://dx.doi.org/10.54813/fltl8789.
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In War-Algorithm Accountability (August 2016), we introduce a new concept—war algorithms—that elevates algorithmically-derived “choices” and “decisions” to a, and perhaps the, central concern regarding technical autonomy in war. We thereby aim to shed light on and recast the discussion regarding “autonomous weapon systems” (AWS). We define “war algorithm” as any algorithm that is expressed in computer code, that is effectuated through a constructed system, and that is capable of operating in relation to armed conflict. In introducing this concept, our foundational technological concern is the capability of a constructed system, without further human intervention, to help make and effectuate a “decision” or “choice” of a war algorithm. Distilled, the two core ingredients are an algorithm expressed in computer code and a suitably capable constructed system. Through that lens, we link international law and related accountability architectures to relevant technologies. We sketch a three-part (non-exhaustive) approach that highlights traditional and unconventional accountability avenues. We focus largely on international law because it is the only normative regime that purports—in key respects but with important caveats—to be both universal and uniform. In this way, international law is different from the myriad domestic legal systems, administrative rules, or industry codes that govern the development and use of technology in all other spheres. By not limiting our inquiry only to weapon systems, we take an expansive view, showing how the broad concept of war algorithms might be susceptible to regulation—and how those algorithms might already fit within the existing regulatory system established by international law.
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Uni, Zehava, and Peter Ferket. Enhancement of development of broilers and poults by in ovo feeding. United States Department of Agriculture, May 2006. http://dx.doi.org/10.32747/2006.7695878.bard.
Full textAbstract:
The specific objectives of this research were the study of the physical and nutritional properties of the In Ovo Feeding (IOF) solution (i.e. theosmostic properties and the carbohydrate: protein ratio composition). Then, using the optimal solution for determining its effect on hatchability, early nutritional status and intestinal development of broilers and turkey during the last quarter of incubation through to 7 days post-hatch (i.e. pre-post hatch period) by using molecular, biochemical and histological tools. The objective for the last research phase was the determination of the effect of in ovo feeding on growth performance and economically valuable production traits of broiler and turkey flocks reared under practical commercial conditions. The few days before- and- after hatch is a critical period for the development and survival of commercial broilers and turkeys. During this period chicks make the metabolic and physiological transition from egg nutriture (i.e. yolk) to exogenous feed. Late-term embryos and hatchlings may suffer a low glycogen status, especially when oxygen availability to the embryo is limited by low egg conductance or poor incubator ventilation. Much of the glycogen reserve in the late-term chicken embryo is utilized for hatching. Subsequently, the chick must rebuild that glycogen reserve by gluconeogenesis from body protein (mostly from the breast muscle) to support post-hatch thermoregulation and survival until the chicks are able to consume and utilize dietary nutrients. Immediately post-hatch, the chick draws from its limited body reserves and undergoes rapid physical and functional development of the gastrointestinal tract (GIT) in order to digest feed and assimilate nutrients. Because the intestine is the nutrient primary supply organ, the sooner it achieves this functional capacity, the sooner the young bird can utilize dietary nutrients and efficiently grow at its genetic potential and resist infectious and metabolic disease. Feeding the embryo when they consume the amniotic fluid (IOF idea and method) showed accelerated enteric development and elevated capacity to digest nutrients. By injecting a feeding solution into the embryonic amnion, the embryo naturally consume supplemental nutrients orally before hatching. This stimulates intestinal development to start earlier as was exhibited by elevated gene expression of several functional genes (brush border enzymes an transporters , elvated surface area, elevated mucin production . Moreover, supplying supplemental nutrients at a critical developmental stage by this in ovo feeding technology improves the hatchling’s nutritional status. In comparison to controls, administration of 1 ml of in ovo feeding solution, containing dextrin, maltose, sucrose and amino acids, into the amnion of the broiler embryo increased dramatically total liver glycogen in broilers and in turkeys in the pre-hatch period. In addition, an elevated relative breast muscle size (% of broiler BW) was observed in IOF chicks to be 6.5% greater at hatch and 7 days post-hatch in comparison to controls. Experiment have shown that IOF broilers and turkeys increased hatchling weights by 3% to 7% (P<0.05) over non injected controls. These responses depend upon the strain, the breeder hen age and in ovo feed composition. The weight advantage observed during the first week after hatch was found to be sustained at least through 35 days of age. Currently, research is done in order to adopt the knowledge for commercial practice.
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Mascagni, Giulia, Roel Dom, and Fabrizio Santoro. The VAT in Practice: Equity, Enforcement and Complexity. Institute of Development Studies (IDS), January 2021. http://dx.doi.org/10.19088/ictd.2021.002.
Full textAbstract:
The value added tax (VAT) is supposed to be a tax on consumption that achieves greater economic efficiency than alternative indirect taxes. It is also meant to facilitate enforcement through the ‘self-enforcing mechanism’ – based on opposed incentives for buyers and sellers, and because of the paper trail it creates. Being a rather sophisticated tax, however, the VAT is complex to administer and costly to comply with, especially in lower-income countries. This paper takes a closer look at how the VAT system functions in practice in Rwanda. Using a mixed-methods approach, which combines qualitative information from focus group discussions with the analysis of administrative and survey data, we document and explain a number of surprising inconsistencies in the filing behaviour of VAT-remitting firms, which lead to suboptimal usage of electronic billing machines, as well as failure to claim legitimate VAT credits. The consequence of these inconsistencies is twofold. It makes it difficult for the Rwanda Revenue Authority to exploit its VAT data to the fullest, and leads to firms, particularly smaller ones, bearing a higher VAT burden than larger ones. There are several explanations for these inconsistencies. They appear to lie in a combination of taxpayer confusion, fear of audit, and constraints in administrative capacity.
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Yaron, Zvi, Abigail Elizur, Martin Schreibman, and Yonathan Zohar. Advancing Puberty in the Black Carp (Mylopharyngodon piceus) and the Striped Bass (Morone saxatilis). United States Department of Agriculture, January 2000. http://dx.doi.org/10.32747/2000.7695841.bard.
Full textAbstract:
Both the genes and cDNA sequences encoding the b-subunits of black carp LH and FSH were isolated, cloned and sequenced. Sequence analysis of the bcFSHb and LHb5'flanking regions revealed that the promoter region of both genes contains canonical TATA sequences, 30 bp and 17 bp upstream of the transcription start site of FSHb and LHb genes, respectively. In addition, they include several sequences of cis-acting motifs, required for inducible and tissue-specific transcriptional regulation: the gonadotropin-specific element (GSE), GnRH responsive element (GRE), half sites of estrogen and androgen response elements, cAMP response element, and AP1. Several methods have been employed by the Israeli team to purify the recombinant b subunits (EtOH precipitation, gel filtration and lentil lectin). While the final objective to produce pure recombinantGtH subunits has not yet been achieved, we have covered much ground towards this goal. The black carp ovary showed a gradual increase in both mass and oocyte diameter. First postvitellogenic oocytes were found in 5 yr old fish. At this age, the testes already contained spermatozoa. The circulating LH levels increased from 0.5 ng/ml in 4 yr old fish to >5ng/ml in 5 yr old fish. In vivo challenge experiments in black carp showed the initial LH response of the pituitary to GnRH in 4 yr old fish. The response was further augmented in 5 yr old fish. The increase in estradiol level in response to gonadotropic stimulation was first noted in 4 yr old fish but this response was much stronger in the following year. In vivo experiments on the FSHb and LHb mRNA levels in response to GnRH were carried out on common carp as a model for synchronom spawning cyprinids. These experiments showed the prevalence of FSHP in maturing fish while LHP mRNA was prevalent in mature fish, especially in females. The gonadal fat-pad was found to originate from the retroperitoneal mesoderm and not from the genital ridge, thus differing from that reported in certain amphibians This tissue possibly serves as the major source of sex steroids in the immature black carp. However, such a function is taken over by the developing gonads in 4 yr old fish. In the striped bass, we described the ontogeny of the neuro-endocrine parameters along the brain-pituitary-gonadal axis during the first four years of life, throughout gonadal development and the onset of puberty. We also described the responsiveness of the reproductive axis to long-term hormonal manipulations at various stages of gonadal development. Most males reached complete sexual maturity during the first year of life. Puberty was initiated during the third year of life in most females, but this first reproductive cycle did not lead to the acquisition of full sexual maturity. This finding indicates that more than one reproductive cycle may be required before adulthood is reached. Out of the three native GnRHs present in striped bass, only sbGnRH and cGnRH II increased concomitantly with the progress of gonadal development and the onset of puberty. This finding, together with data on GtH synthesis and release, suggests that while sbGnRH and cGnRH II may be involved in the regulation of puberty in striped bass, these neuropeptides are not limiting factors to the onset of puberty. Plasma LH levels remained low in all fish, suggesting that LH plays only a minor role in early gonadal development. This hypothesis was further supported by the finding that experimentally elevated plasma LH levels did not result in the induction of complete ovarian and testicular development. The acquisition of complete puberty in 4 yr old females was associated with a rise in the mRNA levels of all GtH subunit genes, including a 218-fold increase in the mRNA levels of bFSH. mRNA levels of the a and PLH subunits increased only 11- and 8-fold, respectively. Although data on plasma FSH levels are unavailable, the dramatic increase in bFSH mRNA suggests a pivotal role for this hormone in regulating the onset and completion of puberty in striped bass. The hormonal regulation of the onset of puberty and of GtH synthesis and release was studied by chronic administration of testosterone (T) and/or an analog of gonadotropin-releasing hormone (G). Sustained administration of T+G increased the mRNA levels of the PLH subunit to the values characteristic of sexually mature fish, and also increased the plasma levels of LH. However, these changes did not result in the acceleration of sexual maturation. The mRNA levels of the bFSH subunit were slightly stimulated, but remained about 1/10 of the values characteristic of sexually mature fish. It is concluded that the stimulation of FSH gene expression and release does not lead to the acceleration of sexual maturity, and that the failure to sufficiently stimulate the bFSH subunit gene expression may underlie the inability of the treatments to advance sexual maturity. Consequently, FSH is suggested to be the key hormone to the initiation and completion of puberty in striped bass. Future efforts to induce precocious puberty in striped bass should focus on understanding the regulation of FSH synthesis and release and on developing technologies to induce these processes. Definite formulation of hormonal manipulation to advance puberty in the striped bass and the black carp seems to be premature at this stage. However, the project has already yielded a great number of experimental tools of DNA technology, slow-release systems and endocrine information on the process of puberty. These systems and certain protocols have been already utilized successfully to advance maturation in other fish (e.g. grey mullet) and will form a base for further study on fish puberty.
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CONCEPT AND FUNCTIONS OF E-JUSTICE IN THE DIGITAL ECONOMY. DOI CODE, 2021. http://dx.doi.org/10.18411/0131-5226-2021-70001.
Full textAbstract:
Abstract. The article deals with the concept of "electronic justice" and features of the use of electronic justice for the consideration of economic disputes. In the digital economy e-justice is one of the legal constructions that provide a comfortable legal environment for economic activity. This is a complex of legal relations and technological solutions that provides individuals and legal entities with the opportunity to use digital technologies at all stages of the judicial process, to obtain information about the activities of courts through electronic access. The e-justice mechanism includes video and audio recording of court sessions, electronic document management with the use of an electronic signature, an electronic archive for storing electronic documents, the use of cloud technologies, as well as the use of electronic documents as evidence. Improving the legal regulation of e-justice in the digital economy, along with reforming procedural legislation, should include the development of a Federal law on electronic documents.