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Journal articles on the topic 'Models of administrative justice'
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1
Марку, Жерар, and Zherar Marku. "A SKETCH OF THE MAIN MODELS OF ADMINISTRATIVE JUSTICE." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16130.
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Administrative justice exists in most countries as a function in the State organization. But its scope and its forms differ widely among countries, in particular as regards the place of judicial review and the powers of judges. We can sort out three main models of administrative justice, based on judicial review institutions, from historical experience and main national systems. In Europe, the European Court of Human Rights had a significant influence on the evolution of administrative justice towards more judicial oversight upon administrative bodies. The expansion of these models gave rise to a number of variants based on national and political context. The first model is the council of State, joining judicial review and advisory functions for the government. Initially an ancillary body it turned to be an independant supreme administrative court, with broad competence, including contracts and torts, while exercising further advisory functions. Another model is based on a unique administrative supreme court, with exclusive judicial review functions of a narrower scope, although some exceptions can be found where judicial review was transferred from a former council of State. A last model, probably most widespread nowadays, can be characterised as judicial review by the general supreme court. Institutionally there no dualism. The judiciary is also vested with judicial review of administrative authorities. Typical of common law countries, this organization can be found also in countries of administrative law. In reality, there is dualism as regards procedures, substantial law and the powers of judges in administrative matters. In numerous cases administrative courts are organised inside of ordinary courts. Whatever the form of administrative justice it is essential to secure the independence of judges, to give them the capacity of substantial review of administrative acts, to facilitate the access to administrative judges and to guarantee the execution of courts decisions.
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Chudyk, Nataliia. "Models of administrative justice in foreign countries." Aktual’ni problemi pravoznavstva 1, no. 1 (March 27, 2019): 86–90. http://dx.doi.org/10.35774/app2019.01.086.
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Veselov, N. Yu. "ADMINISTRATIVE AND LEGAL REGULATION OF THE FUNCTIONING OF JUVENILE JUSTICE IN THE ENSURING OF CHILD RIGHTS." Legal horizons 33, no. 20 (2020): 77–81. http://dx.doi.org/10.21272/legalhorizons.2020.i20.p77.
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Problem setting. Legal regulation is an integral component of the administrative and legal mechanism for ensuring the functioning of juvenile justice, through which the state regulates relevant social relations through law and the totality of legal means. Recent research and publications analysis. The following Ukrainian scientists tried to conceptually solve these issues: Ya. Kvitka, V. Levchenko, O. Maksimenko, N. Lesko, I. Ishchenko, O. Navrotsky. Paper objective. The purpose of the study is to obtain scientific and applied results on the presentation of options for legislative support of juvenile justice in other countries and to formulate proposals for improving the administrative and legal regulation of juvenile justice in Ukraine. Paper main body. The analysis of the legislation of other countries indicates that there are several conditional models of legal regulation of the peculiarities of ensuring the rights of the child in the exercise of juvenile justice. This division is based on the following criteria, such as the existence of a law in the country that establishes the general principles of the judicial and extrajudicial, administrative and legal protection of children’s rights; the existence of a separate law on juvenile justice, which codifies all the rules of law that determine the peculiarities of criminal proceedings against children; the existence of a separate law on juvenile justice, but which establishes the general principles of the operation of juvenile justice, public administration in this area, prevention of offenses, etc. Conclusions of the research. The expediency of adopting the Law on Juvenile Justice in Ukraine, which, in its content, will mainly be an act of administrative and legal nature, the Law «On Ensuring the Rights of the Child in Ukraine», the Law «On the Ombudsman of Ukraine» is substantiated. Keywords: child, minor, legal regulation, administrative law, juvenile justice, justice.
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GODEFROY, LÊMY. "Algorithmic models for analyzing judicial decisions (MAAD)." Public Administration 23, no. 4 (2021): 20–28. http://dx.doi.org/10.22394/2070-8378-2021-23-4-20-28.
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The article examines the introduction of digitalization into justice processes and the processing of judicial decisions in administrative and civil personal injury compensation disputes. The purpose of the implementation of the algorithms was an attempt to develop indicative criteria and ways to determine the amount of compensation for bodily injury. It is noted that the new rules were met ambiguously by the professional community. For example, delegations of lawyers from G7 countries expressed concerns about the future of justice. The reason for their discontent was the possibility of excluding adversarial discussion from judicial proceedings if artificial intelligence was used. In this context, the regulation of algorithms used in the justice sector, designated by the term “algorithmic models of judicial decision analysis” (MAAD) seems to be a priority for the preservation of democracy and the rule of law. The author believes that MAAD will promote greater openness of the judge, both to the plaintiffs and to the judicial institution, as well as – “coherence” of the case law, making it available for judges to examine. It is emphasized that the introduction of such algorithms is a form of digital judicial collegiality, not the standardization of judicial thinking.
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Chochowska, Anna. "ADMINISTRATION OR PUBLIC MANAGEMENT. DILEMMAS OF CONTEMPORARY PUBLIC ADMINISTRATION DEVELOPMENT." International Journal of Legal Studies ( IJOLS ) 5, no. 1 (June 30, 2019): 129–40. http://dx.doi.org/10.5604/01.3001.0013.3229.
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The challenges faced by contemporary public administration enforce constant adaptation to the existing social, political and economic realities. Therefore, the question of how to organize a well-functioning, efficient and effective public administration constantly arises. To this end, it seems necessary to conduct research on the organization and models of public administration, developed so far by the doctrine of administrative law. The aim of the analysis of these concepts is to join the discussion on the optimal functioning of public administration in a contemporary legal state, whose primary goal should be to implement the principles of social justice.
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Austin, James, Steve Cuvelier, and Aaron McVey. "Projecting the Future of Corrections: The State of the Art." Crime & Delinquency 38, no. 3 (July 1992): 285–308. http://dx.doi.org/10.1177/0011128792038003002.
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The recent increases in all forms of correctional control have dramatized the need to better anticipate future criminal justice resources. There have been significant technical advances in the development of policy simulation models. These models are especially well suited to provide policymakers with accurate information on the consequences of proposed innovative sentencing and administrative reforms on correctional population growth. However, for them to be fully used, policymarkers must assume a more proactive stance in policy formation and researchers must develop a more comprehensive body of knowledge of how reforms can be best implemented by criminal justice agencies.
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Swierczynski, Marek, and Remigijus Jokubauskas. "Electronic Evidence in Intellectual Property Disputes under the Council of Europe’s Guidelines." Masaryk University Journal of Law and Technology 14, no. 2 (September 23, 2020): 303–20. http://dx.doi.org/10.5817/mujlt2020-2-7.
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On 30 January 2019 the Council of Europe adopted guidelines on electronic evidence in civil and administrative law accompanied by the Explanatory Memorandum. The authors summarize and analyse this soft law instrument with respect to intellectual property (hereinafter “IP”) disputes. They explain why its creation is important for the proper administration of justice and how it addresses and reflects technological developments, new business models and evolving case-law. Several conclusions have been identified regarding how use of the Guidelines will address current practical problems for courts in IP disputes. Both authors took active part in the preparatory works and believe it is in the interest of justice and effective IP protection that these guidelines are publicly available in the member states and widely disseminated among professionals dealing with electronic evidence.
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Jokubauskas, Remigijus, and Marek Świerczyński. "Impact of the Council of Europe Guidelines on Electronic Evidence in Civil and Administrative Law." Global Journal of Comparative Law 9, no. 1 (April 17, 2020): 1–16. http://dx.doi.org/10.1163/2211906x-00901001.
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On 30 January 2019 the Council of Europe adopted guidelines on electronic evidence in civil and administrative law (hereinafter “the Guidelines”). The article summarizes and analyses this soft law instrument and explains why its creation is important for the proper administration of justice and how it addresses and reflects technological developments, new business models and evolving case-law. Several conclusions have been identified regarding how use of the Guidelines will address current practical problems for courts and attorneys while maintaining full compliance with important principles like the right to a fair trial, protection of private life and national laws of the member states.
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CHAHINE, Youssef. "The Rationale of the Administrative Thought of ALI BIN ABI TALIB and Administrative Schools (A Comparative Study)." Journal of Public Administration and Governance 10, no. 1 (February 17, 2020): 159. http://dx.doi.org/10.5296/jpag.v10i1.16490.
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This paper discussed a set of theoretical and administrative hypothesis of schools of administration, which contributed to influence the science of management in general and led to the emanation of many models associated with the means of management and its fundamentals. These schools relied on the use of various hypotheses or theories that sought to develop a knowledge structure of management that could contribute to solving administrative problems, especially at the end of the nineteenth century, which witnessed the development of management science through scientists and eggheads.Moreover there was an odd experience at the level of administration and governance, revealing the unique mentality of Ali in management, in the legal, comprehensive and humanitarian ones, which printed the terms of his reign to Malik - decibel and companion of Ali - some related to economic matters political, social issues deal with the duties and functions of the ruler and relations between the ruler and the parish.We concluded that the management materials provided by all known administrative schools testify unequivocally to the thought of Ali, addressing the administration from the perspective of building the land on the basis of justice, efficiency and equity. Therefore, we consider that venerable scholars, whatever their religion, creed or race, are just witnesses to the correctness, validity and comprehensiveness of Ali's thought, not only in the twenty-first century, but we can say objectively as a testimony to all ages.
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Romli, Fariza, and Harlida Abdul Wahab. "Pelaksanaan Sistem Tribunal di Malaysia: Ke Arah Penambahbaikan." Kanun: Jurnal Undang-undang Malaysia 32, no. 2 (July 2, 2020): 223–42. http://dx.doi.org/10.37052/kanun.32(2)no3.
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The existence of a tribunal system, in addition to helping to smooth the administration system, is considered as sharing power with the judiciary in making decisions. Thus arose the question of decision- making power and prevention of abuse by the administrative body. In line with the Sustainable Development Goals 2030 to ensure justice in support of effective, responsible and inclusive institutions, transparent and fair practices are essential for ensuring people’s trust in the administrative body and government. This paper, therefore, discusses the tribunal system and its implementation in Malaysia. In view of this, tribunal systems that exist in other countries, especially the United Kingdom, are also examined as models for improvement. Matters such as autonomy or control of power and the trial process are among the issues raised. Recommendations for improvement are proposed based on three basic principles—openness, fairness and impartiality—to further strengthen the implementation of the existing tribunal system in line with developments abroad.
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Hapsari, Mega Tunjung, Tjahjanulin Domai, and Firda Hidayati. "Penilaian Intensifikasi PBB P2 dalam Meningkatkan Penerimaan Daerah." Jurnal Akuntansi dan Pajak 19, no. 1 (July 31, 2018): 21. http://dx.doi.org/10.29040/jap.v19i1.197.
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The aims of this research to analyze the assessment of intensification on rural and urban land and building tax (PBB P2) in Tulungagung Regency in order to increase PBB P2 revenue through Davey Analysis based on four criteria of local tax assessment, namely: sufficiency and elasticity, justice, administrative ability, and influence of incentive. This research is classified as descriptive research through qualitative approach. Data analysis used interactive models by Miles, Huberman, and Saldana (2014). The research result based on empirical data, theoretical study, and normative study showed that intensification in the forms of technical guidance and SISMIOP data base maintenance are give negative implication on administrative ability assessment due to lack of quality and quantity of human resources. While, monitoring and delivery of SPPT can give positive implication on judgment of justice. Then, presence of socialization on regional regulation and reward giving and sanction imposition, are give positive implication on assessment of elasticity and influence of incentive.
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ALKHASOVA, D. M. "THE JUDICIAL POWERS OF THE HEAD OF THE CENTER OF CAUCASIAN LINE IN THE 1830-1850s." Kavkazologiya, no. 4 (2021): 33–47. http://dx.doi.org/10.31143/2542-212x-2021-4-33-47.
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This article is about the dynamics of the judicial powers of the head of the Center for the Caucasian Line in the 30s – 50s. XIX century. A general overview of the activities of the head of the Caucasian Line Center is given. The study is based on an analysis of the administrative documents of the Caucasian Line Center and subordinate organizations. Attention is drawn to his order of interaction with subordinate institutions of local judicial and administrative control. The features of the administration of justice in the process of interaction between representatives of the local population and the Caucasian line command are analyzed. The article analyzes the set of judicial powers of the head of the Center, the nature of the cases subject to his jurisdiction. The judicial functions of the head of the Center are considered within the framework of the judicial and administrative system that took shape in the Caucasus in the second quarter of the 19th century. Attention is drawn to the fact that the granting of judicial powers to representatives of executive structures was characteristic of most of the national outskirts of the empire and corresponded to the level of development of the Russian legal culture of that time. Attention is drawn to its role in regulating the activities of the Provisional Kabardinsky Court, the judicial functions performed in the framework of interaction with bailiff institutions, the role of the head of the Center in regulating the activities of traditional bodies of administration of justice both among the indigenous population of the Central Caucasus and among migrants (residents of the Aleksandrovskaya German settlement and the Nalchik mountain Jewish colony). It is concluded that the execution of a number of judicial powers by the head of the Caucasian Line Center was explained by the low efficiency of the institutions of local judicial and administrative control, the difficulties of adapting local residents to the Russian presence in the region, and the search for optimal management models.
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Constant, Frédéric. "Thinking With Models: The Construction of Legal Cases as Reflected in Late Qing Local Archives." T’oung Pao 107, no. 3-4 (September 8, 2021): 417–73. http://dx.doi.org/10.1163/15685322-10703012.
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Abstract In current scholarship, late imperial China’s criminal justice is mainly studied through judicial documents reviewed by the central administration, first and foremost the xingke tiben 刑科題本, or copies of routine memorials made by the censorial section of the Board of Punishments, as well as memorandum (shuotie 說帖) recorded in collections of cases. In this article, by contrast, I analyze a sample of more than forty dossiers on criminal cases constituted at the county level, for which the final judgment approved by the central administration is known. The reconstitution of the whole adjudication process shows that local magistrates often adapted the facts to fit the extant legal categories and commonly relied on model cases to craft their decisions. This pattern of administration of justice did not necessarily entail a miscarriage of justice and has its origin in a form of legal reasoning framed by the bureaucratic organization of late imperial Chinese justice.
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C. Knoeppel, Robert, Patricia F. First, Matthew R. Della Sala, and Chinasa A. Ordu. "Finance equity, student achievement, and justice." Journal of Educational Administration 52, no. 6 (August 26, 2014): 812–32. http://dx.doi.org/10.1108/jea-02-2013-0019.
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Purpose – The purpose of this paper is to explore the connections between state education finance distribution models and student achievement. To date, lawsuits challenging the constitutionality of state finance systems have been heard in 45 states; the judicial interpretation of the requirement to provide equality of educational opportunity has led to changes in finance distribution models as well as the implementation of accountability policy. Design/methodology/approach – The study included district level finance and achievement data from five states. Researchers reviewed the relevant judicial interpretation of the finance system, the accountability policy, and the finance distribution system. Next, researchers calculated the equity of both the finance distribution model and measures of student achievement. Finally, an equity ratio was developed and calculated to discern the degree to which state distribution models resulted in equitable measures of student achievement. Findings – Findings reveal that no state has both an equitable system of finance and equitable measures of student achievement. The way that states define proficiency significantly impacts the percentage of students that reach proficiency. This impacts the provision of equality of opportunity. Originality/value – Traditionally, the measurement of equity has only been applied to finance distribution systems. The authors of this paper have applied these concepts to measures of student achievement and aligned the two concepts with the equity ratio. Since states are charged with providing sufficient resources to enable students to reach proficiency, an understanding of the interaction between resources and achievement is a critical tool in analyzing the provision of equal opportunity.
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Coggins, Jeremy, Robert Fenwick Elliott, and Matthew Bell. "Towards Harmonisation of Construction Industry Payment Legislation: A Consideration of the Success Afforded by the East and West Coast Models in Australia." Construction Economics and Building 10, no. 3 (October 28, 2010): 14–35. http://dx.doi.org/10.5130/ajceb.v10i3.1804.
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This article considers the success of the two distinct construction industry payment legislative models operating in Australia – “East Coast” and “West Coast” – in achieving their objective of improving cash flow throughout the construction industry. Success parameters are identified by the authors – namely: the levels of justice afforded by the legislation, the administrative and legal burden generated by the legislation, and the impact of the legislation on the relationships between the contracting parties – which are used as a basis to discuss and compare the performances of the East and West Coast models. It is concluded that the West Coast model provides a more just dispute resolution process, generates less administrative and legal burden, and is more conducive towards establishing positive relationships between contracting parties. However, it is recognised that there is a need for more data to be gathered from construction industry stakeholders before any firm recommendations can start to be made as to the most appropriate conceptual framework and detail for a harmonised approach.
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Krupar, Shiloh. "Folklore of Operational Banality." Environmental Humanities 12, no. 2 (November 1, 2020): 431–53. http://dx.doi.org/10.1215/22011919-8623208.
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Abstract This article explores the reductive workings of policy that lead to intimate everyday forms of violence within US-based medical administration. Using the framework of folklore of operational banality (“FOOB”), the article examines a geodata-driven way of addressing uncompensated medical care that targets “superusers” of the US health care system. The case scrutinizes the operative truths, procedural rationalities, and absurd reductions performed by this administrative system that sorts people in terms of cost and risk. It shows how such administrative strategies result in further bureaucratized inequities and harm, even as they claim to support life by ontologizing cost efficiency and cost-benefit thinking, accumulating biological data for geosurveillance and biosecurity, and treating risk and vulnerability as the property and responsibility of certain individuals/bodies and spaces rather than as the result of social-environmental problems. A parodic counterfigure appears in the case to amplify criticism of the individualized management of life/risk and the reliance on technocratic methods and biomedical models to define and allocate health care as separate from environmental and justice-oriented concerns. The figure of Health Coach App renders absurd the power relations of health interventions that exclude broader social etiologies of disease and illness and shows that collaborative approaches between environmental and medical humanities are needed to reveal banal administrative violence and to advocate for better policies.
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Pudelka, Jörg, and Jens Johannes Deppe. "GENERAL ADMINISTRATIVE LAW IN DEVELOPMENT IN CENTRAL ASIA." Administrative law and process, no. 3(26) (2019): 19–61. http://dx.doi.org/10.17721/2227-796x.2019.3.02.
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Transformation in the Central Asia is seen as regards to move towards the market economy, while democratization – rather in in deficit. Nevertheless author sees new signs in the relations of individuals and the state. While the Kyrgyz Republic, Tajikistan and Kazakhstan introduced new administrative procedural laws, they are so revolutionary or, to the contrary, meaningless that their application is not yet certain or requires continued effort. Not only government resources valued as scarce but legal and administrative sciences are behind needs. Findings on administrative and constitutional judiciary presented for Kazakhstan, Uzbekistan, Tajikistan and Turkmenistan. In the first state they are rather active, while in Uzbekistan and Tajikistan rather in shadow, while no one in Turkmenistan. The Kyrgyz Republic has recently given its constitutional court control to its Supreme Court. Public administration in Central Asia author sees as defect, mass media under strict state control, right to a complaint and to a lawsuit as not generally known (kind of exception: Kyrgyz Republic). Presented findings to legal advice and assistance especially in courts valued low or not granted in civil and administrative disputes, legal guarantees of access to justice as uncertain. “Worldwide Governance Indicators (WGI)” are presented and except in accountability of government, rule of law and the control of corruption other points are valued as positive. Having earlier Russia as a leading example now it qualifies no more, generally there is no modelling for administrative matters and laws. As models author presents sections 9, 10, 22, 24, 25, 26, 28 and some basic principles of the German Federal Administrative Procedure Act. Valuing findings, some changes named substantial / sustainable, most rather formal of short-lived. Kazakhstan is named in every respect better than Tajikistan, Turkmenistan and Uzbekistan. Latter states have equally negative reform policy. Except in the Kyrgyz Republic the elections are described as not free and fair.
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Mohamad Yunus, Mohamad Ismail Bin. "Restorative Model: the Alternative Justice Response to the Victims of Sexual Violence." FIAT JUSTISIA:Jurnal Ilmu Hukum 11, no. 1 (December 11, 2017): 65. http://dx.doi.org/10.25041/fiatjustisia.v11no1.741.
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It is seen there is no proper repositioning of the victims of sexual crimes since the process of contrarian justice is only concerning the sexual offender. Alternative justice models for victims of sexual crimes by involving them in the judiciary process result is necessary to do. However, there is a command from the court for an offender in indemnification though recompensing judgment by Criminal Procedure Code is legitimated. Examining compensation for the victim and urging a legitimated system as alternative justice models for sexual criminal crimes are the aims of this study. The legitimated system as alternative justice which will be recommended in this article is mechanism suitable for justice administration in Malaysia. Through recompensing as well as indemnification, it is considered as a model that can make an impact in restorative justice as the response of alternative justice. Victim Compensation Scheme (VCS) is aimed to be formed and applied with the control of the Criminal Procedure Code too. Keywords: Response of Alternative Justice, Sexual Force Victims
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Bright, Charlotte Lyn, Jill Farrell, Andrew M. Winters, Sara Betsinger, and Bethany R. Lee. "Family Centered Treatment, Juvenile Justice, and the Grand Challenge of Smart Decarceration." Research on Social Work Practice 28, no. 5 (September 20, 2017): 638–45. http://dx.doi.org/10.1177/1049731517730127.
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Purpose: Responding to social work’s grand challenge of smart decarceration, this study investigated whether Family Centered Treatment (FCT), a home-based service for juvenile court-involved youth, is more effective than group care (GC) in reducing recidivism. Outcomes are juvenile readjudication and commitment to placement, and adult conviction and sentence of incarceration. Method: Data were drawn from service provider and state administrative databases. Propensity score matching was used to create a sample of 1,246 FCT youth and 693 GC youth. Cox proportional hazard models estimated time to the four outcomes. Results: FCT participants had a significantly lower risk of adult conviction and adult incarceration relative to youth who received GC. The findings for juvenile outcomes were nonsignificant. Discussion: FCT shows more favorable adult criminal justice outcomes than GC, making it a potentially effective community-based service to support smart decarceration for juvenile court-involved youth.
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Fedorov, Aleksandr V. "Liability of Legal Entities for Corruption-Related Crimes." Russian investigator 24 (December 28, 2017): 11–15. http://dx.doi.org/10.18572/1812-3783-2017-24-11-15.
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The article contains theses of the speech at the International Scientific and Practical Conference: Liability for Corruption-Related Crimes. Prevention Measures, Legal Regulation Issues and Possible Solutions held in Moscow on April 6, 2017, by the Investigative Committee of the Russian Federation and the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia). The article draws attention to the fact that the specific matter of corruption combatting-related crimes using the criminal law means cannot be viewed separately from the more general issues related to the development of the Russian criminal laws in general. The author states the prospects of introduction of criminal liability of legal entities in the Russian Federation, justifies the objective dependence of establishment of criminal liability of legal entities for commitment of corruption-related offences. The article stresses that many countries of the world have already established criminal liability for legal entities, and the Russian interests are violated when foreign authorities have a right to bring Russian legal entities to criminal liability while the Russian law enforcement authorities can raise a question of bringing foreign legal entities to administrative liability only. Apart from that, the author notes that the need to introduce criminal liability of legal entities is driven by the membership of the Russian Federation in some international organizations and its being a party to some international conventions. The article gives reasons indicating insufficient efficiency of the institution of administrative liability of legal entities for corrupt practices, which exists in the Russian Federation. As a transitional stage to the establishment of criminal liability of legal entities, the author suggests keeping the existing liability types (criminal one for individuals and administrative one for legal entities), while abandoning different procedural models of bringing to liability in the event that interrelated acts are committed, i.e. reviewing such offences in the course of criminal proceedings.
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Issalys, Pierre. "Regards sur le droit administratif suisse." Les Cahiers de droit 19, no. 3 (April 12, 2005): 703–79. http://dx.doi.org/10.7202/042262ar.
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Looking at Swiss administrative law from a Quebec perspective, this paper outlines some aspects of the Swiss system that provide useful models or references for the discussion and resolution of current issues in Canadian and Quebec administrative law. These issues are identified as (1) the proliferation of independent administrative agencies, and the means to control or at least systematize the growth of such structures ; (2) the desirability and feasibility of enacting general standards of procedure for administrative action ; (3) the simplification of remedies in the field of judicial review of administrative action ; (4) the desirability and feasibility of allocating judicial review powers to a specialized court, either within or outside the Superior Court ; and (5) the desirability and form of a procedure allowing for political intervention in the decision-making process of independent agencies. In the light of these issues, the paper describes the allocation of review functions between administrative and judicial bodies in Swiss federal law. The structure and activity of the Swiss Federal Court (Tribunal fédéral), and especially of the division of the Court that deals with most administrative law cases, are outlined in some more detail. A short historical sketch leads to a discussion of the corresponding features of the law in some of the cantons, and to consideration of the special position given to social security matters in the general scheme of administrative law. The paper then focusses on administrative action itself, commenting on the most significant provisions in the Federal Administrative Procedure Act (Loi fédérale sur la procédure administrative) of 1968. Special attention is paid to the process of review within the administration, up to the level of the federal cabinet (Conseil fédéral). Corresponding provisions in the law of some of the cantons are also briefly discussed. The description of the federal review process is then completed by an outline of the procedure for judicial review of administrative action by the Federal Court (Recours de droit administrative). Finally, notice is again taken of the special position of social security as regards administrative procedure. The paper draws attention, in its concluding part, to the most interesting insights provided by Swiss law into the current problems of Canadian and Quebec administrative law. The growth of administrative tribunals has been brought under control by structural arrangements, especially in the field of social security. The introduction of general standards of procedure has brought greater uniformity and clarity, has emphasized the unity of administrative process including the review phase before administrative or judicial authorities, and has strenghtened the rule of law over government action. The existence of a single procedure to invoke judicial review eases access to the court. While in many cases review by the court is excluded, these exclusions have to be specific, and leave full opportunity for review within the administration, with adequate safeguards provided by the Administrative Procedure Act. Specialization occurs within the Federal Court, and does not involve a rigid separation between judges applying administrative law and judges applying other branches of the law, as in France or Germany. Finally, ultimate political control over certain types of decisions is admitted as a part of life in Swiss federal law, but is at the same time subjected to a quasi-judicial procedure which makes it an acknowledged source of administrative justice.
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Staley, Andrew Blair, Barbara Dastoor, Nace R. Magner, and Chandler Stolp. "The contribution of organizational justice in budget decision-making to federal managers' organizational commitment." Journal of Public Budgeting, Accounting & Financial Management 15, no. 4 (March 1, 2003): 505–24. http://dx.doi.org/10.1108/jpbafm-15-04-2003-b002.
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This study examines the contribution of distributive, procedural, and interactional justice in Federal budget decision-making to Federal managers' commitment to the Federal government as an employing organization. A total of 1,358 useable surveys were received from a sample of 9,643 managers. Reliability coefficients were acceptable (> .70), and intercorrelations consistent with previous studies. Hierarchical regression analysis supported only maineffect relationships between procedural justice and interactional justice and managers' organizational commitment. No support was found for a main effect relationship between distributive justice and organizational commitment -- or for any interactive effects. Contrary to models of bureaucratic behavior based on economic theory, these findings may suggest that Federal managers may be motivated primarily by psychological outcomes of budget decisions.
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Cherednychenko, Olha O. "Regulatory Agencies and Private Damages in the EU: Bridging the Gap between Theory and Practice." Yearbook of European Law 40 (January 1, 2021): 146–71. http://dx.doi.org/10.1093/yel/yeab013.
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Abstract Regulatory agencies have traditionally been concerned with deterring unlawful conduct in the public interest. This article explores the emerging role of agencies in securing compensation for individuals in mass damage situations resulting from violations of EU private law. It identifies three main models of the relationship between administrative enforcement and private law remedies, notably damages, within the agencies’ operation: (1) separation, (2) complementarity, and (3) integration. These models reflect elements of the current legislative and agency practices in a variety of jurisdictions across different areas of EU private law and provide an analytical framework for assessing such practices in terms of their potential to reconcile the pursuit of the public interest with a concern to ensure justice between private parties. The analysis points to the need to systematically rethink the prevailing regulatory theory concerning the tasks of regulatory agencies along the lines of a holistic approach to deterrence and compensation.
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Ryan, Nicole, Jeff Ackerman, Justin Ready, and Stuart A. Kinner. "Indigeneity, Prisoner Visitation and Reincarceration in Australia: The Association Between Visits in Prison and Reincarceration for Indigenous and Non-Indigenous People." British Journal of Criminology 60, no. 4 (March 10, 2020): 1056–79. http://dx.doi.org/10.1093/bjc/azaa009.
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Abstract Prison visitation is believed to protect against reincarceration post-release. This research explored differences in prisoner visitation between Indigenous and non-Indigenous people, the predictors of visitation and the effects of visitation on the risk of reincarceration. Descriptive analyses, logistic regression and Cox proportional hazards models were conducted using survey and linked administrative data for 1,238 Australian prisoners. We found that Indigenous people compared to non-Indigenous people were less likely to be visited, and travel distance decreased the likelihood of visitation for both groups. Moreover, visitation protected against reincarceration for non-Indigenous people only. Potential explanations for why visitation was not found to protect against reincarceration for Indigenous people are discussed as are potential implications for criminal justice systems that house Indigenous offenders.
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Koch, Andreas. "Do Basic Income Models Cope with Poverty and Inequality Sustainably? Some Critical Reflections and Alternatives." Sustainability 14, no. 7 (April 6, 2022): 4368. http://dx.doi.org/10.3390/su14074368.
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The United Nation’s Agenda 2030, with its seventeen sustainable development goals, aims to alleviate poverty and reduce social inequality, among other things. The political program provokes numerous ambitious measures but leaves room for various definitions and interpretations about which measures perform well. The challenge lies in understanding poverty and inequality in ways that move beyond a pure income-related perspective. In accepting this challenge, measures have been elabourated, which are supposed to advise the Austrian government in their efforts to implement the SDGs. The ‘unconditional basic income’ and the ‘all citizens’ insurance scheme’ represent two approaches among those measures, which call themselves for a comprehensive consideration of social justice. Both approaches will be discussed in terms of their political and normative claims. While basic income remains dominated by income, the insurance scheme engages with the question of who is entitled to benefits. Both approaches are ultimately unable to unfold their potentials as long as a territorial–administrative space concept is utilized. Since urban environments have their own specific social and spatial characteristics, it is essential to trigger a thorough discussion of political concepts which cope with the particular causes and effects of urban poverty, exclusion and inequality.
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Rosellini, A. J., J. Monahan, A. E. Street, S. G. Heeringa, E. D. Hill, M. Petukhova, B. Y. Reis, et al. "Predicting non-familial major physical violent crime perpetration in the US Army from administrative data." Psychological Medicine 46, no. 2 (October 6, 2015): 303–16. http://dx.doi.org/10.1017/s0033291715001774.
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Background.Although interventions exist to reduce violent crime, optimal implementation requires accurate targeting. We report the results of an attempt to develop an actuarial model using machine learning methods to predict future violent crimes among US Army soldiers.Method.A consolidated administrative database for all 975 057 soldiers in the US Army in 2004–2009 was created in the Army Study to Assess Risk and Resilience in Servicemembers (Army STARRS). Of these soldiers, 5771 committed a first founded major physical violent crime (murder-manslaughter, kidnapping, aggravated arson, aggravated assault, robbery) over that time period. Temporally prior administrative records measuring socio-demographic, Army career, criminal justice, medical/pharmacy, and contextual variables were used to build an actuarial model for these crimes separately among men and women using machine learning methods (cross-validated stepwise regression, random forests, penalized regressions). The model was then validated in an independent 2011–2013 sample.Results.Key predictors were indicators of disadvantaged social/socioeconomic status, early career stage, prior crime, and mental disorder treatment. Area under the receiver-operating characteristic curve was 0.80–0.82 in 2004–2009 and 0.77 in the 2011–2013 validation sample. Of all administratively recorded crimes, 36.2–33.1% (male-female) were committed by the 5% of soldiers having the highest predicted risk in 2004–2009 and an even higher proportion (50.5%) in the 2011–2013 validation sample.Conclusions.Although these results suggest that the models could be used to target soldiers at high risk of violent crime perpetration for preventive interventions, final implementation decisions would require further validation and weighing of predicted effectiveness against intervention costs and competing risks.
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Berkovich, Izhak. "Reflections on leadership preparation programs and social justice." Journal of Educational Administration 55, no. 3 (May 2, 2017): 261–79. http://dx.doi.org/10.1108/jea-02-2016-0018.
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Purpose Fundamental aspects of educational leadership preparation programs regarding social justice are embodied in program design elements, yet the scholarly community did not adequately address these issues. The paper aims to discuss these issues. Design/methodology/approach The essay suggests that organizational theories dealing with person-environment fit can shed light on the models, possibilities, and limitations of various preparation programs. Findings The essay proposes a meta-conceptual framework that builds on Schneider’s attraction-selection-attrition theory and on the socialization literature to classify leadership preparation programs by design. In addition, the paper reflects on the implications of program design in relation to the power and the responsibility of the faculty. Originality/value The essay argues that design decisions made by the faculty a priori enable and constrain its power and responsibility. The conclusion is that design decisions should be made by faculty with awareness of these issues.
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MOVCHAN, V. V. "THE HUMAN RIGHTS FUNCTION OF THE JUDICIARY IN ADMINISTRATIVE PROCEEDINGS: INSTITUTIONAL AND FUNCTIONAL ASPECTS." Herald of Civil Procedure 11, no. 2 (June 30, 2021): 205–25. http://dx.doi.org/10.24031/2226-0781-2021-11-2-205-225.
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The article reveals the theoretical aspects of administrative legal proceedings, as one of the forms of the exercise of judicial power, the features and significance of the administrative judicial process in the mechanism of protecting the rights and freedoms of man and citizen, the analysis is given of the constitutional foundations of the human rights function of the judiciary, its essence and content, procedural actions. The author reveals the historical aspects of the formation and development of judicial protection in Russia, oreign experience and models of administrative justice are considered, the importance of administrative proceedings in the implementation of the human rights function of the judiciary in the Russian Federation when considering disputes with the participation of public authorities and citizens and the exercise of the rights, freedoms and legitimate interests of citizens is revealed. The author substantiates the advantages of the judicial administrative process as a procedural form of implementation of the human rights function of the judiciary and the implementation of the constitutional right to judicial protection, analyzes the reform of the judicial system of the judicial system, the creation of courts of appeal and cassation in the system of arbitration and general jurisdiction, substantiates the conclusion that the reform of the system of courts of general jurisdiction created organizational and judicial framework for the specialization of judges and court proceedings, the system of institutional intra-system control of the legality and validity of judicial acts, institutionally and functionally ensured the implementation of the human rights function of the judiciary and the availability of judicial protection in the system of courts of general jurisdiction.
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Błachnio-Parzych, Anna. "Solutions to the accumulation of different penal responsibilities for the same act and their assessment from the perspective of the ne bis in idem principle." New Journal of European Criminal Law 9, no. 3 (September 2018): 366–85. http://dx.doi.org/10.1177/2032284418798054.
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The autonomous meaning of criminal responsibility introduced in the jurisprudence of the European Court of Human Rights, and adopted by the European Court of Justice (ECJ), has influenced the need for providing proper guarantees in relation to the assignment of legal responsibility for acts situated outside the core of criminal law. It has also helped to clarify that if the same act fulfils the description of a crime and an administrative offence, this may lead to an accumulation of penal responsibility. Assuming that the coexistence of various types of crimes and administrative offenses that may relate to the same act should not be eliminated, various legislative directives have been adopted as solutions that help to avoid the negative consequences of the accumulation of penal responsibility. Analysis of the directives adopted by the selected European legislators leads to formulation of four basic models on which the directives are based. They are assessed from the perspective of the ne bis in idem principle enshrined in Article 4 Protocol No 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 50 of the Charter of Fundamental Rights of the European Union.
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ZADOROZHNA-KNIAHNYTSKA, L., O. TSYBULKO, and M. NETREBA. "INCLUSIVE EDUCATION AS A PRACTICAL CONCEPT OF SOCIAL JUSTICE." Pedagogical Sciences, no. 78 (December 29, 2021): 48–52. http://dx.doi.org/10.33989/2524-2474.2021.78.249803.
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The article analyzes the idea of inclusive education as a practical component of social justice. The development of inclusive education involves a change in the educational paradigm. Inclusion is based on the principle of access to education for all students in difficult life situations, not just for people with disabilities. Inclusive education is a transition from the theory of postulates, rules, models that apply exclusively to people with disabilities, to an education system that includes children with special educational needs. This is a significant shift in education towards a comprehensive, holistic approach based on the interests of the child (student).Such an approach requires the creation and implementation of the concept of social justice and overcoming discrimination in its various forms, developing a strategy for training and retraining of teachers and administrative staff, opening centralized resource centers and socially oriented programs, involving parents as actors, developing multidisciplinary cooperation and interaction all stakeholders at the local level, governance at the level of the educational institution, education planning for all, global partnership, addressing early intervention.The importance of inclusive education is unquestionable, and it applies to both normally developing children and children with special needs. The first to be included in the learning process are convinced that there are other children, not like themselves, but who need to be treated as themselves and accept these children as they are; others, i.e. abnormal children, when accepted, involuntarily become more socialized and integrated into society. However, the real results of integration (in the form of tolerant interaction and acceptance of others as they are) are slow, and provide sufficient progress in the readiness of parents of children with normal mental development to allow their children to learn with children in need.The tendency to constructively rethink the experience gained in Ukraine is largely related to overcoming the negativist approach to the world experience of raising children with special educational needs, which we have recently cultivated. Because finding a balance of these approaches in theory and practice will help identify acceptable ways to implement inclusive education in our country.
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Donaldson, Linda Plitt, and Laura Daughtery. "Introducing Asset-Based Models of Social Justice into Service Learning: A Social Work Approach." Journal of Community Practice 19, no. 1 (January 2011): 80–99. http://dx.doi.org/10.1080/10705422.2011.550262.
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Maryano and Yuhelson. "The Legal Policy of Corporation Legal Standing as Rechtpersoon at Indonesian Criminal Justice System." Southeast Asia Law Journal 2, no. 1 (April 18, 2018): 19. http://dx.doi.org/10.31479/salj.v2i1.67.
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<p>Feature of corporation as activities-oriented for profit can lead to potential violations law or corporate crime. The criminal action corporations can arised because the impact of corporate activities arising from business contracts, product quality problems, failure of information technology systems and negligence of the administrative requirements for business licensing compliance. In other words, the legal entity of crime was often referred as corporate crime as violations committed by businesses to profit more quickly and maintains the company's reputation. The study concluded, first, the political dimension of the criminal law on corporation has general nature, that political criminal law founded in Criminal Code Bill which are oriented to the development of law by placing the corporation as a criminal, and need a codification law of Corporation. Second, The political criminal law also has special nature, which is found in 16 laws examined, in the contexts of criminal responsibility concepts and application of pattern of criminalas well as models of criminal sanctions can be imposed on perpetrators of criminal acts of the corporation.</p><p>Keywords: Corporate crime of law politics, legal standing, subject crime of law. <br /> <br /> <br /> <br /> <br /> <br /> <br /> </p>
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GJERSØE, HEIDI MOEN. "Regulating Inflow or Outflow: A Comparison of the Work Capability Assessments in the UK and Norway." Journal of Social Policy 45, no. 1 (September 21, 2015): 141–58. http://dx.doi.org/10.1017/s0047279415000471.
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AbstractIn the era of activation policies, several OECD countries have introduced work capability assessments to measure the employability of sick and disabled people. In essence, such assessments concern how sick and disabled people get access to incapacity benefits and services. This paper investigates how the Work Capability Assessment (WCA) is designed and implemented within the different institutional contexts of the UK and Norway. The paper concludes that introducing WCAs represents a challenge to the bureaucratic and legal models of administrative justice by emphasising a managerial model (in the UK) and a professional model (in Norway). In the UK, the WCA tool seems to be primarily aimed at reducing theinflowof new recipients, while in Norway it seeks to increase theoutflowof recipients. Consequently, the paper argues that the introduction of the WCAs as activation policy instruments has intensified the country-specific characteristics within which the instruments are implemented.
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Shestak, Victor, Vladimir Dubrovin, and Zoya Ilyicheva. "Models of the Pre-Procedural Level of Investigation of Economic Crimes: Spanish Experience." Russian Journal of Criminology 14, no. 1 (February 28, 2020): 148–55. http://dx.doi.org/10.17150/2500-4255.2020.14(1).148-155.
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Pre-procedural or non-procedural activities for the investigation of economic crimes are the activities to investigate crimes committed in the sphere of economy that are carried out before the initiation of criminal proceedings. In Spain, it is entrusted to the following state bodies: the judicial police, the prosecutor's office, and administrative bodies. The choice of the pre-procedural model of investigating an economic crime in modern Spain is subject to a variety of factors, including the specifics of interpersonal relations that have developed between law enforcement officials. The distinctive features inherent in the Spanish pre-procedural activity in the investigation of economic crimes are its spontaneity and the lack of uniformity in the procedure for its conduct. In particular, there is no legal certainty as to who decides on the commencement of pre-procedural activities to investigate an economic crime, as well as orderliness in who is assigned the main responsibility in the direction of its progress. The non-procedural investigation of economic crimes in Spain is carried out in accordance with the models that were gradually introduced into practice through the generalization of the customs of professional activities of law enforcement agencies that are understandable only to the staff of the bodies considered in the article. In modern times in Spain, four non-procedural models of the investigation of economic crimes with different constituent composition have been formed. In this case, it is impossible not to note the role of the administrative bodies in the investigation of economic crimes. Some Spanish researchers refer it to a separate investigation model, since it has its own order and dynamics. At the same time, the models under consideration are increasingly moving away from the order of investigation established by law, which calls into question legal security and creates a threat to the principle of legality. Within the framework of the projects on the reform of criminal justice in Spain, it is proposed to assign the responsibility for investigating criminal cases, particularly for economic crimes, to the prosecutor and the judge responsible for ensuring procedural guarantees. However, the feasibility of this project, even in the opinion of the Spanish researchers themselves, is questionable. In this regard, the authors in this article consider not only the positive aspects of each non-procedural model for the investigation of economic crimes in Spain, but also their shortcomings.
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BAKER, DEBORAH, and STEPHEN BARROW. "Proxy Models of Legal Need: Can They Contribute to Equity of Access to Justice?" Journal of Social Policy 35, no. 2 (March 3, 2006): 267–82. http://dx.doi.org/10.1017/s0047279405009529.
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Prioritisation of cases and resources as a means of rationing the limited legal aid budget has recently become a feature of access to justice in the UK. This article explores the utility of devising proxy models of ‘legal need’ as a means of enabling the rational and equitable planning of legal services in these circumstances. Different conceptual and methodological approaches are considered, highlighting preliminary development work in Scotland. The likelihood of developing ‘legal needs’ measures that promote equity of access to appropriate legal services is discussed in the light of problems with defining ‘legal need’ and the diversity of services available for the resolution of legal problems.
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Castro, Kamile. "Entre o Direito e a Ciência Política: uma relação com futuro?" Revista Portuguesa de Ciência Política / Portuguese Journal of Political Science, no. 15 (2021): 59–74. http://dx.doi.org/10.33167/2184-2078.rpcp2021.15/pp.59-74.
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with its various elements. Therefore, it is not surprising that the great link between Law and Political Science was due to Constitutional Law and the General Theory of the State. When today we study the configuration of the State, we pay attention not only to administrative, judicial and legislative institutions, but also to the legal and political status that must be observed by the State and its governors. Thus, in today’s democratic States, Law and Politics intersect in different ways. States, based on constitutional precepts, rest on their legitimacy and legality, on these precepts that contain, in turn, a double character: legal and political. Political Science and Law researchers and, desirably, from other areas of Social Sciences and even from other scientific areas, have the current challenge, to place their areas of study, on investigative platforms, which allow the development of these areas in multidisciplinary, interdisciplinary and transdisciplinary models. Keywords: constitution; law; justice; power; politic
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Mahmood, Tahir, Sajjad Ali Khan, and Shahab Sarwar. "Integrated Justice in Pakistan: From Legal Pluralism to Normative Convergence." Lex localis - Journal of Local Self-Government 16, no. 4 (October 23, 2018): 805–20. http://dx.doi.org/10.4335/16.4.805-820(2018).
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Legal pluralism, throughout most of developing countries, has been extant since the onset of colonial era. Manifested in a variety of forms, legal pluralism is inherently characterized by both promises as well as limitations. In Pakistan, legal pluralism is epitomized by the prevalence and functioning of parallel systems of justice such as formal courts and Alternate Dispute Resolution Mechanism (ADRM), such as “Jirga. Poor coordination and tenuous enforcement mechanisms, however, render the formal justice system in Pakistan one of poorest performers in terms of judicial efficacy world-wide. This article seeks to explore the possibility of a convergence between traditional and modern models of dispute resolution, i.e. Jirga and court system and the resultant efficacy thereof through devising a conceptual framework. The framework reveals that both formal courts and Jirga demonstrate marked discrepancies concerning their efficacy with respect to the provision of justice and dispute resolution. Findings from the field, however, evince that Jirga stand out to be a relatively more effective mechanism of dispute resolution than formal courts. The conceptual framework, however, implies that by converging both systems it is possible to cope with the limitations of each of the two systems such that while courts could provide legal legitimacy to the Jirga by improving its decency and accountability through regulations, Jirga could enhance the legitimacy of courts by improving its accessibility and transparency through feedback mechanisms. The article concludes by way of arguing that instead of parting ways with each other, both courts and jirga shall seek to go hand in hand in order avoid delays in the provision of justice.
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MacDonald, Mairi S. "Guinea's Political Prisoners: Colonial Models, Postcolonial Innovation." Comparative Studies in Society and History 54, no. 4 (September 20, 2012): 890–913. http://dx.doi.org/10.1017/s001041751200045x.
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AbstractMuch postcolonial theory assumes a continuity of both behavior and representation between colonial rule and what has succeeded it across sub-Saharan Africa. The maltreatment of political prisoners in Guinea in the wake of its brief invasion by Portuguese troops in November 1970 provides a challenging but ultimately fruitful empirical record against which to test this theory. I use an analytical approach informed by history, law, anthropology, and communications theory to explore continuities between the legal practices of French colonial and contemporary revolutionary regimes, on one hand, and Guinea's pursuit of supposed traitors, on the other. Though there is more discontinuity than direct inheritance in the administration of justice, the article argues that the representation of Guinea's colonial heritage was a central part of how President Sékou Touré legitimized his state and his own rule. I suggest that the colonial legacy operated more as a benchmark of what behavior might be acceptable in a postcolonial revolutionary state such as Guinea than as a linear precedent from French colonial rule to the Guinean revolution. The regime's representation of its colonial legacy also helps to explain the form, medium, and content of the political prisoners' broadcast confessions.
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Момотов, Виктор, and Viktor Momotov. "ECONOMICS OF JUSTICE: THE STATE WEAL AND THE BENEFITS OF A PRIVATE PERSON." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 5–17. http://dx.doi.org/10.12737/article_593fc3438b36c6.70253943.
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The economic component of the courts’ activities on the administration of justice is a complex issue that, unfortunately, still remained outside the field of view of the Russian researchers. The court financing system, as well as mechanisms to improve the economic efficiency of the administration of justice are topical issues of the modern legal orders, which are closely associated with the principle of independence of judges and the guarantees of independence. Justice is a point of collision of public and private interests, that is why the question of the relation of these interests within the economy of justice is particularly relevant. The purpose of this study is to identify trends in economic aspect of the activity of courts from the standpoint of the ratio between private and public interests both in Russian and in foreign legal systems of Continental-European and Anglo-American legal families, as well as determining the future prospects of such development. The objective of the study is to analyze the financing systems of the judicial system and mechanisms to improve the economic efficiency of the administration of justice, including the optimization of the case load, the introduction of e-justice, regulation of the state fee. To achieve the goals and objectives of the study can be applied a systemic-structural, comparative legal, historical, systemic and statistical methods and scientific methods of induction and deduction.
As the results of the study were identified the main models of financing of the judiciary and tendencies of their development, the problem of the case load and ways for its reduction were considered in comparative legal aspect in present article. Also the author has taken an assessment of institutions of electronic justice and state duties, as well as their role in improving the economic efficiency of the courts. On the basis of these results the author has made a few suggestions for the further development of the proceedings.
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Rumadan, Ismail. "PROBLEMATIKA PELAKSANAAN KEKUASAAN KEHAKIMAN (Dalam Konteks Pelaksanaan Fungsi Check and Balances System)." Jurnal Hukum dan Peradilan 3, no. 3 (November 28, 2014): 243. http://dx.doi.org/10.25216/jhp.3.3.2014.243-252.
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Efforts to support the creation of an independent judiciary as a constitutional mandate in its development has held several changes to the Judicial Authority Law, the last change is the Act Nomber 48 of 2009 on Judicial Authority. But these changes, when studied in depth is still set aside some very fundamental issues. The first is related to the function of law enforcement in the context of the criminal justice system. This concept requires that the law enforcement process should be integrated into a system of justice, but in fact the process of criminal justice, police and prosecutors are in a different scope of judicial power, so that the position can thus be ensured in the intervention process should be independent of law enforcement and free from any influence. The second problem is, of externally monitoring the functioning of the judicial power, which formally made by the Judicial Commission and the desired control by Parliament (as in the draft of the Supreme Court). Supervision models run by Judicial Commission nor desired by the House very serious effect on the performance of the functions of the judicial authorities even add complexity implementation of judicial power function itself, so that the implementation of judicial power considered not able to guarantee legal certainty and justice for litigants. This paper is limited to the study of these two issues in order to reinforce our commitment to build a sound administration of justice and independent in order to provide access to justice for all people and a healthy justice will only be realized in a reciprocal relationship between the environment and the environmental justice community. Keywords: The Judiciary, Law Enforcement
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Kennedy, Tom D., W. Alex Edmonds, Danielle H. Millen, and David Detullio. "Chronic Juvenile Offenders: Exploring Risk Factor Models of Recidivism." Youth Violence and Juvenile Justice 17, no. 2 (May 1, 2018): 174–93. http://dx.doi.org/10.1177/1541204018770517.
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This study examined the relationship between known risk factors for youthful offenders and rates of recidivism using Poisson regression models. The sample consisted of 564 male and female juvenile offenders referred to the Juvenile Court Assessment Center (JCAC) by the Juvenile Justice Division of the Eleventh Judicial Circuit of Miami-Dade County. First, data from a clinical interview and the administration of the Wide Range Achievement Test were factor analyzed. Six factors were found to be statistically significant based on a parallel analyses. Neighborhood factors explained the largest amount of variance followed by peer influence, family functioning, gang involvement, substance use, and academic achievement. These six domains were analyzed in separate Poisson regression models. Family-wise error rate was controlled with Bonferroni adjustments. Each model predicting number of arrests from academic performance, substance use, peer influence, gang involvement, and neighborhood factors were statistically significant. The final model including all variables across the six domains indicated good fit, χ2(14) = 201.260, p < .001. Implications stemming from these findings are discussed.
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Marquand, David. "Preceptoral Politics, Yeoman Democracy and the Enabling State." Government and Opposition 23, no. 3 (July 1, 1988): 261–75. http://dx.doi.org/10.1111/j.1477-7053.1988.tb00084.x.
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TRIADS ARE IN FASHION. IN POLITICS AND MARKETS, Charles Lindblom distinguishes between three kinds of social relationships — the exchange relations characteristic of markets; the authority relations characteristic of states; and what he calls ‘preceptoral’ relations, the relations of teachers to pupils, of advertisers to consumers, of indoctrinators to the indoctrinated. In the epilogue to The Liberal Theory of Justice, Brian Barry proposes a different, but in some respects complementary, triad. There are, he suggests, three ‘models’ of social collaboration.
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Williams, Ethlyn A., Terri A. Scandura, Seema Pissaris, and Juanita M. Woods. "Justice perceptions, leader-member exchange, and upward influence tactics." Leadership & Organization Development Journal 37, no. 7 (September 5, 2016): 1000–1015. http://dx.doi.org/10.1108/lodj-02-2013-0021.
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Purpose The authors examine the relationship between leader-member exchange (LMX) and the selection of upward influence tactics. The purpose of this paper is to integrate research on perceptions of justice, LMX, and influence tactics in order to empirically test an integrative model. Design/methodology/approach Questionnaires were administered to n=407 employed Masters of Business Administration students at a private Southeastern University in the USA. Structural equation modeling was used to test the statistical significance of paths specified in the models. Findings Results indicate that perceptions of organizational justice have indirect effects on upward influence tactics reported. LMX had mediating effects on the relationship between interactional justice and the use of rational and coalition tactics. Research limitations/implications The data are cross-sectional and were collected using self-reports, which limits the conclusions that can be drawn. The findings however, suggest that perceptions of interactional justice are associated with LMX, whose effects in turn are associated with the use of influence tactics. Practical implications Coalition strategies were used more when subordinates experienced poor LMX. The research suggests that perhaps for individuals experiencing poor relationships with the supervisor, coalition strategies might present an alternative to “rational” influence tactics (which are used more in high-quality relationships). Originality/value The current study extends LMX research by examining differing subordinate influence strategies in high- and low-quality relationships. It also extends organizational justice research by examining the effects of the interpersonal implementation of fair procedures on the dynamics between leadership and upward influence.
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Lejano, Raul P., Bill Piazza, and Douglas Houston. "Rationality as Social Justice and the Spatial-Distributional Analysis of Risk." Environment and Planning C: Government and Policy 20, no. 6 (December 2002): 871–88. http://dx.doi.org/10.1068/c0033j.
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Policy analysis is driven by a dominant normative stance that conflates the notion of social welfare with some notion of collective good or, even more restrictively, strictly utilitarian notions of aggregate benefit. In this paper, we suggest how this perspective leads to a strongly aggregative analysis that masks concerns of actors in their unique contexts. We examine the policies of the South Coast Air Quality Management District in Los Angeles, California, USA and argue that they have strongly furthered the status quo at the expense of communities. We illustrate alternative models for analysis in the hope that this type of dialectic might lead to a more inclusive model of rationality. We also hope to take the conversation deeper into notions of justice and not farther away from them, as some attempts to broaden the discussion by appealing to notions of democratization, civic governance, or modernization naively do.
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Sheremetyeva, Anna Konstantinovna, Tatyana Leontievna Kalacheva, Natalia Sergeevna Makharadze, Konstantin Borisovich Parfenov, and Antonina Viktorovna Fadeeva. "Trends in the development of accessibility to civil rights protection." SHS Web of Conferences 118 (2021): 04002. http://dx.doi.org/10.1051/shsconf/202111804002.
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The purpose of the study is to analyze the legal regulations that cover the procedures for resolving disputes without judicial proceedings for their subsequent development and popularization. In the course of the study, in combination with a comprehensive and systematic analysis, the following general scientific cognition methods were used: dialectical, hermeneutic, synthesis, the method of ascending from the abstract to the concrete, the method of generalization and comparison. The results of the study are as follows: justice, being a necessary element of building the rule of law, should be supplemented and improved through alternative ways of resolving conflict situations. The latter shall develop civil jurisdiction and resolve disputes on a highly professional basis. It seemed that the creation of a single procedural form would be a guarantee of the effectiveness of the protection of rights, but in contrast to this idea, there was created a procedural code that regulates administrative jurisdiction. In this regard, it seems promising to develop alternative dispute resolution mechanisms, which are simpler models of protection of violated interests than the court. Therefore, the novelty of the study is in the justification of the need to identify patterns of improving access to legal protection through the use of alternative methods of dispute resolution.
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Osina, Dina. "The peculiarities of legal liability for violation of tax legislation in the United States." Право и политика, no. 10 (October 2020): 41–49. http://dx.doi.org/10.7256/2454-0706.2020.10.34174.
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Relevance of the selected topic is justified by the importance of the institution of liability for the current tax systems, since taxpayers are not always willing to voluntarily part with their earnings. Drawing on the experience of the developed countries can be valuable in determining advantages and disadvantages of the models of the institution of liability for violations of tax legislation, with future consideration in reforming the corresponding sphere of social relations in Russia. The goal of this work consists in examination of peculiarities of the institution of liability for violation of tax legislation in the United States, jurisdiction with one of the most effective tax systems in the world. For achieving the set goal, the author sets a number of scientific tasks, among which is consideration of the types of liability for violation of tax legislation in the United States and questions of their demarcation, as well as the forms of penalties for violating tax legislation. The following conclusions were made: 1) liability for violation of tax legislation in the United States can be either criminal or civil; 2) both types of liability are established in the same legislative act – the Internal Revenue Code; 3) demarcation of liability is rather conditional, depending on the type of offence, severity of penalties for its commission, as well as procedure of implementation of liability; 4) civil liability for violation of tax legislation in the United States has no parallels with the Russian law, and essentially incorporates the features of administrative and civil liability; 5) since in the United States law, civil penalties can have restorative justice nature, a person can be subject to both administrative and criminal liability for the same offence.
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Monnier, François. "Justice administrative." Droits 34, no. 2 (2001): 105. http://dx.doi.org/10.3917/droit.034.0105.
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Viapiana, Federica. "Pressure on Judges: How the Budgeting System Can Impact on Judge’s Autonomy." Laws 7, no. 4 (December 19, 2018): 38. http://dx.doi.org/10.3390/laws7040038.
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Performance-based budgeting is a label that groups different budgeting models, developed in the New Public Management era, that link the funding to the performance of agencies. If European justice systems have been unresponsive to apply managerial techniques to courts, this is particularly true for modern budgeting techniques. Courts’ budgets have been, and still are in many cases, drafted only on historical costs, and, although important for the court functioning, it has been one of the most neglected subjects in court administration studies. In recent years, some countries have been developing new approaches to justice systems and court budgeting, using a “performance-based” budget perspective, which relates the courts’ budget to the efficiency results, setting specific performance targets. Although fundamental to ensure transparency, accountability, and proper resource allocation among courts, these approaches have an impact on judicial independence and autonomy, because they may put pressure on judges’ productivity and efficiency, to the detriment of quality. Building on two case studies, Finland and The Netherlands, this paper aims to analyze how, and to what extent, the “performance-based” budgeting system is influencing the functioning of courts and the autonomy of judges.
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Gupta, Balram K. "Administrative Tribunals and Administrative Justice." Indian Journal of Public Administration 31, no. 3 (July 1985): 626–37. http://dx.doi.org/10.1177/0019556119850313.
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Harris, Jose. "Enterprise and Welfare States: a Comparative Perspective." Transactions of the Royal Historical Society 40 (December 1990): 175–95. http://dx.doi.org/10.2307/3679167.
Full textAbstract:
DO ‘welfare states’ enhance or subvert economic enterprise, civic virtue, private moral character, the integrity of social life? Though these questions have a piquantly contemporary ring in modern British politics, they are nevertheless old quandaries in the history of social policy. Since the seventeenth century, if not earlier, practitioners, theorists and critics of public welfare schemes have argued for and against such schemes in contradictory and adversarial terms; claiming on the one hand that social welfare schemes would supply a humanitarian corrective to the rigours of a market economy; and on the other hand that they would support and streamline market forces by enhancing individual and collective efficiency. Similarly, for several hundred years models of civic morality which emphasize independence and self-sufficiency have jostled with alternative models which emphasize paternalism, altruism and organic solidarity. Few phases of social policy in Britain and elsewhere have not contained elements of more than one approach. Even the New Poor Law, notorious for its subordination to market pressures, nevertheless harboured certain residual anti-market principles and often lapsed into practices that were suspiciously communitarian; whilst Edwardian New Liberalism, famous for its philosophy of organic solidarism, in practice tempered social justice with the quest for ‘national efficiency’. These varying emphases have all been reflected in the fashions and phases of welfare state historiography—fashions and phases that appear to have been at least partly determined by the vagaries of prevailing political climate. Thus, in the aftermath of the Second World War, historians tended to portray the history of social policy as a series of governmental battles against private vested interests—battles in which the mantle of civic virtue was worn by an altruistic administrative elite, while civic vice was embodied in the motley crew of doctors, landlords, employers and insurance companies who viewed social welfare as a commodity in the market.