Academic literature on the topic 'Office of the Administrator for the Courts'
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Journal articles on the topic "Office of the Administrator for the Courts"
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Thorner, Thomas, and Neil B. Watson. "Keeper of the King's Peace: Colonel G.E. Sanders and the Calgary Police Magistrate's Court, 1911-1932." Articles 12, no. 3 (October 21, 2013): 45–55. http://dx.doi.org/10.7202/1018941ar.
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Canadian historians have shown limited interest in the legal development of the lower courts. The history of Calgary's police court and in particular, the administration of G.E. Sanders reveals much about the development of the office and urban society since many issues of popular concern came into focus through legal action. As fear about crime and even anarchy grew with the steady influx of immigrants, the police court assumed a special significance. Gradually at first and then with rapid strides it emerged as a powerful bulwark of conservative defence.
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Kozicka, Beata, and Ewa Pierzchała. "Zasada praworządności wyznacznikiem kontroli działań administracji publicznej realizowanej przez prokuratora w ramach postępowania administracyjnego." Opolskie Studia Administracyjno-Prawne 16, no. 1 (3) (September 13, 2019): 19–36. http://dx.doi.org/10.25167/osap.1141.
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Opus iustitiae PAX – the properly shaped dimension of justice is a guarantee of peaceful – not based on a conflict and violence – relations between citizens and the state. These words fully reflect the leading thought of this study. It is the concern for a good law and a state governed by the rule of law, which lies at the foundation of actions taken within the scope of legal means by the Prosecutor’s Office that – as the “custodian of law” – is entitled to in the sphere of control over administration. Administrative courts execute justice as a separate part of judicial power. Justice and law are conditions for an effective state, good governance and social peace, which have accompanied us for centuries. Administrative courts uphold the principle of equality before the law, which is regulated by Art. 21, par. 1 of the Constitution of the Republic of Poland. Since it is administrative courts which – by performing tasks of control over the activity of public administration – become the guarantee of realization of the above-mentioned principle, their position and range of cognition in the situation of launching administrative-court proceedings by the Prosecutor were presented in the work.
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Drahos, Peter. "“Trust Me”: Patent Offices in Developing Countries." American Journal of Law & Medicine 34, no. 2-3 (June 2008): 151–74. http://dx.doi.org/10.1177/009885880803400205.
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Patent rules matter to the structure and evolution of pharmaceutical markets. If they did not, pharmaceutical multinationals would not spend resources on their globalization and content. The role of pharmaceutical multinationals in shaping the patent provisions of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) has been well documented. The contributions of developing country coalitions and nongovernmental organizations (NGOs) in the World Trade Organization (WTO) on TRIPS and access to medicines have also been studied.One actor, the patent office, has largely escaped detailed scrutiny in the literature that has grown around intellectual property law and access to medicines. There is an obvious explanation. Patent offices are administrative bodies. They administer patent standards that are decided and defined by others – the courts, legislatures or the executive acting in the context of treaty negotiation. For those interested in the structural reform of pharmaceutical markets, reforming patent office administration has not been a high priority.
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KEITH, KENNETH. "Thomas Buergenthal: Judge of the International Court of Justice (2000–10)." Leiden Journal of International Law 24, no. 1 (February 11, 2011): 163–71. http://dx.doi.org/10.1017/s0922156510000671.
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AbstractThomas Buergenthal retired as a judge of the International Court of Justice in September 2010 after ten years of service and participating in 38 substantive decisions. This tribute to a member of the Court who arrived with outstanding and formidable scholarly qualifications, especially but not only in the field of international human rights, also draws on his earlier tragic, harrowing, and ‘lucky’ years. On the basis of the public record, for much of the work of the Judges as members of a collegial body is not public, the article emphasizes Thomas Buergenthal's commitment to the independence of judicial office, as demonstrated particularly in cases brought against his own country; to the sound administration of justice; to the indispensability of courts in any system of ordered government, national or international; and more generally to principle.
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Bratchel, M. E. "CITY NOTARIES AND THE ADMINISTRATION OF A TERRITORY: LUCCA, 1430–1501." Papers of the British School at Rome 86 (October 30, 2017): 183–205. http://dx.doi.org/10.1017/s0068246217000393.
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In Lucca in 1430 the republic was restored after 30 years of princely rule. The restored republic ruled over a territory that included much of the Versilia and parts of the Garfagnana. The important role played by notaries in the administration of the territories of both cities and princes has long been recognized. Moving rapidly from office to office, notaries were key figures in the courts, as administrators, and for the fisc. The present article examines the functions, personnel, reputation and effectiveness of notaries in the service of fifteenth-century Lucca following the restoration of liberty. Much attention has been paid to state-formation and territorial administration in the recent literature; relatively little to the precise role played by notaries. This article aims to provide a case study against which experiences elsewhere can be measured. Lucca was distinctive in the fifteenth-century context by virtue of its continued independence as a traditional city-state. Comparisons have been drawn between Lucca and its neighbouring states, but with due recognition of the obvious differences that divide Lucca both from the newer territorial conglomerations and from subjected cities that continued to enjoy extensive, supervised rights over their local administration.
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Kisby, Fiona. "Officers and Office-Holding at the English Court: A Study of the Chapel Royal, 1485–1547." Royal Musical Association Research Chronicle 32 (1999): 1–61. http://dx.doi.org/10.1080/14723808.1999.10540983.
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There is an established literature on office-holding in the English royal household, which has focused on those members of the court involved in the royal body service and ceremonial; those associated with the domestic needs of the monarch, the royal family and wider domus and those involved in its administration. Yet this mainly deals with the late seventeenth century and beyond; comparable detailed and comprehensive information on this particular aspect of court history for earlier periods has yet to appear in print. The courts of the Tudors have, for example, suffered in this respect. This is surprising, for recent historical scholarship has shown that far from ossifying into a purely domestic establishment as an older generation of scholars thought, the Tudor Court was rather of central importance in the political, administrative, religious and cultural history of sixteenth-century England. By that time the royal domus was the centre of politics, patronage and power and access to the sovereign—the sole font of that power—and the ability to catch ‘either… [his/her] ear or… eye’ headed, to a large extent, the agenda of any ambitious courtier. A published investigation of the patterns and procedures of office-holding within this important institution is, therefore, long overdue.
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Allam, Schafik. "Regarding the Eisagogeus (εισαγωευς) At Ptolemaic Law Courts." Journal of Egyptian History 1, no. 1 (2008): 3–19. http://dx.doi.org/10.1163/187416608784118802.
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AbstractIn viewing the documents relative to the Ptolemaic jurisdiction we come across an official with a title transcribed into Demotic, but which apparently corresponds to the Greek designation εισαγωευς. This official is mentioned in conjunction with judicial proceedings. His functions were to introduce cases before the judges and to take actions in concert with them; and his bailiff was empowered to enforce judicial decisions. Since the eisagogeus represented the central administration, we may postulate that he was regarded as a royal functionary acting as a liaison man with the law courts. My concern is to point out an official in the pre-Ptolemaic administration who had to play the same role. In the judicial machine of Pharaonic times many a scribe played an active part, not only in writing down the records. In reality he used to act in legal proceedings from start to finish. In grave situations he had to communicate directly with the highest office in the State (that of the vizier); and even at the great council (qnbt) held by the vizier, the scribe officiated sometimes as prosecutor. We come to the conclusion that it is likely that the position of the Hellenistic eisagogeus was no more than the continuation of a much older Pharaonic institution.
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Bouchard, Serge, Marie-Michèle Lavigne, and Pascal Renauld. "L'inconstitutionnalité des pouvoirs du protonotaire spécial." Articles 22, no. 2 (April 12, 2005): 429–54. http://dx.doi.org/10.7202/042443ar.
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The office of special prothonotary was created in 1975 by an amendment to the Code of Civil Procedure. The main purpose of the change was to ease the administration of justice before the courts. For this reason, the special prothonotary received many assignments which were reserved until then to a judge sitting in chambers and even to the court itself. Such transfer of duties and powers may conflict with section 96 of the BNA Act, which acts as a bar to prevent the withdrawal of judicial functions from a superior, county or district court. This paper deals with the interferences between various sections of the Code of Civil Procedure and section 96 of the BNA Act. The first part of the paper deals with the approach adopted by the courts. The true test, according to the case-law, is to determine the nature of the function involved. Since only judicial functions are protected by section 96, it is intravires the Legislature of Quebec to confer on a board or tribunal administrative or ministerial powers. If the transfer involves judicial functions, the courts will use the test adopted by the Privy Council in Labour Relations Board of Saskatchewan v. John East Iron Works and by Sir Lyman Duff in In re Adoption Act, and examine whether the transferee is analogous to a superior, district or county court. The courts will also have to apply the « 1867 statute books test » : was the particular function conferred to the prothonotary before 1867 ? If the results of each of the two tests are affirmative, then the function is one protected by section 96 of the BNA Act and its transfer is ultra vires the provincial Legislature. If the results are negative, the courts will examine if the provisions involved have the effect of vesting in the special prothonotary the powers of a superior court judge. If the courts conclude that it is so, then, the assignment is ultra vires the powers of the provincial Legislature. The second part deals with each of the assignments transferred to the special prothonotary. These are threefold in nature: 1. Actions by default to appear or by default to plead under article 195 C.C.P. ; 2. Jurisdiction under article 44.1(1) C.C.P. ; 3. Interlocutory or incidental proceedings, contested or not, but, if so, with the consent of the parties. The paper concludes that most of the provisions dealing with the duties and powers of the special prothonotary are unconstitutional
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Haskett, Timothy S. "The Medieval English Court of Chancery." Law and History Review 14, no. 2 (1996): 245–313. http://dx.doi.org/10.2307/743785.
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The medieval English Court of Chancery is not a well-known institution. Its Victorian great-granddaughter—if to posit such a relationship does the antecedent justice—has a far broader public for its much darker persona, thanks to Jarndyce and Jarndyce. Even Chancery's Jacobean descendant looms larger in the historical memory than does its medieval forebear, if only for the celebrated battle between Chancellor Ellesmere and Coke, CJ. Perhaps with the brief tenure of St. Thomas More, brought into our own popular culture by playwright Robert Bolt and actor Paul Scofield, the early Chancery emerges for a moment, although the court under More was overshadowed by that chancellor's more difficult trials. In fact, the Chancery as a court has been subsumed in a multitude of studies on the Chancery as an administrative office. It appears in essays on government, councils and parliaments, writing offices and administrative centers. Yet the court that grew around the chancellor was not the sum, or even just a part, of his activity as the leading administrator of the realm. Still, with a few exceptions, the medieval Court of Chancery has never been afforded the same careful and discrete treatment its Elizabethan successor has received. The older court remains a footnote to administrative history, something just on the far side of the light cast by St German and Tudor records.
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Rammeloo, Stephan. "The Long and Winding Road towards Freedom of Establishment for Legal Persons in Europe." Maastricht Journal of European and Comparative Law 10, no. 2 (June 2003): 169–97. http://dx.doi.org/10.1177/1023263x0301000204.
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Cross-border company migration in Europe. Where a company formed in accordance with the law of a Member State (‘A’) in which it has its registered office is deemed, under the law of another Member State (‘B’), to have moved its actual centre of administration to Member State B, Articles 43 and 48 EC preclude Member State B from denying the company legal capacity and, consequently, the capacity to bring proceedings before its national courts for the purpose of enforcing rights under a contract with a company established in Member State B.
Dissertations / Theses on the topic "Office of the Administrator for the Courts"
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Prévost-Gella, Jérôme. "Le juge administratif français et les conflits de traités internationaux." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D065.
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Phénomène généralement oublié des études de contentieux administratifs, les conflits de traités internationaux n’en constituent pas moins une problématique juridique de taille pour le juge administratif, devant lequel ils semblent destinés à se multiplier. Ces conflits, souvent présentés comme particuliers, du fait de l’inapplicabilité prétendue des méthodes classiques de résolution des conflits de normes, posent au juge administratif un certain nombre de difficultés juridiques relatives tant à leur reconnaissance qu’à leur résolution. A la frontière de deux ordres juridiques, l’ordre juridique interne, par leur lieu de survenance, et l’ordre juridique international, par l’origine internationale des traités, les conflits de traités sont souvent appréhendés avec réticence par le juge administratif, ce qui se traduit par un régime juridique encore difficilement saisissable.La thèse entend offrir une clé de compréhension du traitement jurisprudentiel des conflits de traités par le juge administratif. Plus particulièrement, en s’attachant à distinguer les forces propres au droit interne des forces inhérentes au droit international, dans les solutions rendues, il s’agit de démontrer que les conflits de traités ne constituent pas un problème juridique de droit international, soumis par accident au juge administratif. Ce dernier, acteur de la reconnaissance et de la résolution des conflits de traités, a développé une jurisprudence, en la matière, relevant d’un équilibre complexe et fragile entre les logiques du droit interne et les logiques du droit international public au cœur de la singularité essentielle des conflits de traités devant le juge administratifAlthough conflicts between international treaties are generally a forgotten topic in administrative litigation studies, they constitute a major legal problem for the administrative judge, which are meant to increase. These conflicts, often considered as particular due to the alleged inapplicability of traditional resolving methods for conflicts of norms, raise a number of legal problems for the administrative judge concerning both their recognition and resolution. On the borderline between two legal systems, the internal legal system, owing to its place of occurrence, and an the other hand the international legal system, due to the international origin of treaties, conflicts between treaties are often deal with reluctance by the administrative judge. As a result, this leads to a legal regime still difficult to grasp.This thesis aims at offering a key to understand the treatment by the administrative judge of conflicts of treaties. It demonstrates, through the distinction of the inherent forces/strengths of domestic law on judicial decisions and those of international law, that the conflicts of treaties do not constitute a legal problem of international law, submitted by accident to the administrative judge. The latter, who is an actor in the recognition and resolution of treaty conflicts, has developed a precedent on this subject, resulting in a complex and fragile balance between the logics of domestic and international public law at the core of the essential singularity of the conflicts between treaties before submitted to the administrative judge
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Baillargeon, Johan. "La question prioritaire de constitutionnalité et le juge administratif." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1043.
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La question prioritaire de constitutionnalité constitue une véritable « révolution » en droit interne, tant au regard des institutions de l’ordre juridique français qu’au niveau de la protection constitutionnelle des droits fondamentaux des citoyens. Ce mécanisme novateur, permettant désormais au Conseil constitutionnel d’opérer un contrôle de constitutionnalité des lois a posteriori, ne peut toutefois fonctionner sans le concours des juridictions ordinaires qui s’érigent désormais en juges du filtre de la constitutionnalité. Or, en prenant le parti d’organiser une telle procédure, le constituant et le législateur organique ont invité officiellement le juge administratif à participer au contrôle de la constitutionnalité des lois. Au-delà de ce premier constat, que la thèse s’attache à étayer in concreto, l’entrée en vigueur de cette nouvelle voie de droit a entrainé une modernisation du droit tant au niveau juridictionnel qu’institutionnel. Celle-ci s’analyse comme la conséquence immédiate du processus de constitutionnalisation des diverses branches du droit qu’accroit de manière exponentielle l’utilisation quotidienne de la question prioritaire de constitutionnalité. Le droit du contentieux administratif, qui voit certaines de ses règles renouvelées sous l’effet de la nouvelle jurisprudence constitutionnelle affectant concomitamment l’office du juge administratif et plus globalement l’exercice de la justice administrative, montre que le juge administratif n’est pas seulement acteur de ce mécanisme mais aussi son sujetThe priority preliminary ruling on the issue of constitutionality is a real "revolution" in domestic law, both in terms of the institutions of the French legal system and at the level of constitutional protection of fundamental rights of citizens. This innovative mechanism, now allowing the Constitutional Council to reviewa posteriori the constitutionality of laws, however, can not function without the help of the ordinary courtswhich are now elevated as judges of the constitutional filter. Taking the party to organize such a procedure, the constituents and the legislator officially invited the administrative courts to participate in the review of the constitutionality of laws. Beyond this observation, which the thesis illustrates concretely, the entry in force of this new remedy has led to a modernization of the law both at the institutional and the jurisdictional levels.This is the immediate consequence of the process of constitutionalisation of the various branches of the law which the daily use of the priority question of constitutionality exponentially increases. The contentious rules before administrative courts, which are renewed under the influence of the new constitutional case law affecting simultaneously the powers of the administrative courts and more generally the exercise of administrative justice, shows the administrative courts are not only the participants of the process but also its subject matter
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Plewka, Mark Anthony. "The office of the officialis in the Corpus iuris canonici." Theological Research Exchange Network (TREN), 1985. http://www.tren.com.
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Lebrun, Geoffroy. "Office du juge administratif et questions préjudicielles : recherche sur la situation de juge a quo." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0261.
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Les questions préjudicielles interrogent l’office du juge administratif qui les formule.Accessoires du procès au principal, elles pourraient être considérées comme des questions annexes etsecondaires. Cette étude de contentieux administratif, fondée sur l’analyse systématique de lajurisprudence administrative, vise à démontrer le contraire. Remarquables tant par leur variété que parleurs incidences sur le procès, les questions préjudicielles restent souvent perçues comme descomplications de procédure inutiles visant à retarder la résolution du litige. Cette étude prend le partid’expliciter comment le juge administratif au principal en vient à construire une question préjudicielle,et quel en est le fondement juridique. De ce point de vue, si les parties au litige jouent bien souvent unrôle essentiel dans le relevé d’une exception, c’est en dernière analyse, le juge au principal qui détientle pouvoir de formulation de la question. Par ailleurs, la mise en oeuvre des questions préjudicielles,traditionnellement présentée comme paralysant l’office du juge, apparaît sous un nouveau jour. Loind’immobiliser l’office du juge au principal, l’étude minutieuse du droit positif révèle les importantspouvoirs que possède encore le juge a quo dans la maîtrise du procès dont il est compétemment saisi.Enfin, la réception par le juge a quo de la décision préjudicielle correspond à un partage de lasouveraineté juridictionnelle impliquant l’édiction d’un acte juridictionnel issu d’un processus decodécision. Cette étude livre un éclairage sur le fonctionnement et la complexité d’un mécanisme icitraité sous l’angle de l’office du juge lorsqu’il se place en situation de juge a quo. Elle permetégalement d’envisager les principales problématiques juridiques relatives à la fonction juridictionnellePreliminary issues challenge the role of the administrative law judge who formulates them.They are regarded as being accessory to the principle case at bar. They may even be perceived assecondary issues. This study of administrative litigation, based on a systematic analysis ofadministrative case law, aims to establish the opposite. Preliminary issues are characterized by theirdiversity as well as by their influence on the lawsuit, however, they are often perceived as useless andcumbersome procedural complications aiming to delay the resolution of the dispute. This study aimsto explicit the process by which the administrative law judge builds a preliminary issue and what is thelegal foundation of such an issue. From this angle, albeit the fact that the parties to the main disputeplay an essential role, it is the judge, who mainly retains the power to formulate the preliminary issue.This analysis challenges the traditional portrayal of preliminary issues as paralyzing the judicial“office”. To the contrary, far from immobilizing the “office of the judge”, an in depth study of positivelaw reveals the extensive powers that the judge a quo possesses with regards to the case at bar.Finally, the reception by the judge a quo of the preliminary ruling corresponds to a sharing of juridicalsovereignty implying the passing of a juridical act emanating from a process of co-decision. Thisstudy aims to shed light on the functioning and the complexity of a mechanism rarely examined fromthis angle. This study equally allows for an exploration of the main legal issues relating to the judicialfunction and the “Office” of the administrative law judge when placed in the situation of judge a quo
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Ramirez, Carlos. "Analysis of Texas Education Agency Commissioner of Education Decisions Regarding Superintendent, Associate Superintendent, School Administrator, Athletic Director and Central Office Administrator Term Contract Nonrenewal Appeals From 1983 to 2013." Thesis, University of North Texas, 2014. https://digital.library.unt.edu/ark:/67531/metadc700004/.
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I conducted a legal analysis of decisions by Texas Commissioners of Education in appeals by Texas school administrators from nonrenewal decisions made by Texas school districts from 1983 to 2013. I analyzed the findings of fact and conclusions of law described in the commissioners’ rulings to determine the legal basis of school districts’ decisions to nonrenew school administrators’ term employment contracts. I also examined the legal rationale for commissioners’ rulings and determined which party most commonly prevailed in these administrative proceedings—the respondent school district or the petitioner school administrator. In particular, the study determined factors that contributed to commissioners’ decisions to overrule or support school districts’ nonrenewal decisions. A careful review of commissioner decisions, which are accessible on the Texas Education Association website, identified 44 commissioner decisions involving appeals by superintendents, associate superintendents, public school administrators, athletic directors, or central office administrators concerning school districts’ term contract nonrenewal decisions from 1983 to 2013. Commissioners’ decisions in these cases were surveyed using legal research methods. This study provides recommendations to assist local education agencies to refine current policies and regulations regarding the nonrenewal of administrators’ term contracts, and provides insight on Texas Commissioners’ rulings on term contract nonrenewal appeals brought by Texas school administrators. The findings revealed that school boards’ lack of understanding of local policies and lack of evidence resulted in commissioners granting 27% of appeals. Additionally, commissioners denied 73% of the appeals because school boards provided at least one reason that met the substantial evidence standard of review, and respondents failed to substantiate allegations or enter evidence in evidentiary hearings.
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Simmons, Richara. "Predictors of Job Satisfaction Among County Jail Correctional Officers." ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/4255.
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Job satisfaction among jail correctional officers is important because it ensures the continuity of officers who can promote and maintain a safe environment inside the jail for all staff and inmates. Most job satisfaction studies on correctional officers, however, are focused on prison officers and not county jail officers. The purpose of this correlational study was to test and extend Herzberg's Motivation-Hygiene theory by exploring job satisfaction and motivation among jail correctional officers in Miami-Dade Florida. Survey data were collected from 149 correctional officers using Specter's (1994) Job Satisfaction Survey. Data were analyzed through correlational and multiple regression analyses. Findings of the correlation results indicated positive relationships at the .05 level between the motivators and hygiene predictors with job satisfaction. Regression results indicated a statistically significant relationship between the motivators and hygiene predictors with job satisfaction (p = 0.00). The implications for social change include recommendations to jail administrators to provide channels through which their employees can inform them of prevalent issues to aid in increasing job satisfaction. Implementation of this recommendation may improve job satisfaction among jail correctional officers, thereby improving perceptions that the jail correctional officers are appreciated and trusted, increase their sense of self-sufficiency, improve morale problems, and help jail administrators invest in the well-being of current and future jail correctional officers that are needed to maintain the safety and security of correctional facilities.
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Riccillo, Claudine Marie. "Equivocality in the university research office examining the organizing processes of the research administrator in interpreting and acting on equivocality in informational inputs /." To access this resource online via ProQuest Dissertations and Theses @ UTEP, 2008. http://0-proquest.umi.com.lib.utep.edu/login?COPT=REJTPTU0YmImSU5UPTAmVkVSPTI=&clientId=2515.
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Wong, Kam-bill. "Bureaucratic corruption : an analysis of Taishinin judgments /." View the Table of Contents & Abstract, 2008. http://sunzi.lib.hku.hk/hkuto/record/B39915360.
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Cox, Christopher. "Understanding District Central Office Curriculum Administrators through Collaboration and Curriculum Leadership." Miami University / OhioLINK, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=miami1468856008.
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Lei, Maxime. "Le principe de l'absence d'effet suspensif des recours contentieux en droit administratif." Thesis, Toulon, 2018. http://www.theses.fr/2018TOUL0119/document.
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Dans le cadre de la procédure administrative contentieuse, les recours ne sont pas pourvus d’un effet suspensif. Par conséquent, les autorités administratives ont la possibilité d’exécuter les décisions contestées jusqu’à la décision juridictionnelle. Cette situation, constitutive d’un principe, est le produit d’une philosophie contentieuse marquée par un déséquilibre à l’avantage de l’administration. Le principe de l’absence d’effet suspensif en est une des formes d’expression les plus directes tant il est susceptible de grever la protection des droits des requérants. Son étude permet indirectement de questionner la pertinence contemporaine des fondements idéologiques du droit et du contentieux administratif. Sa déconstruction fait apparaitre son caractère désuet au regard des évolutions en cours. Celles-ci, qu’elles soient propres au phénomène juridique ou qu’elles le dépassent, servent à déterminer les caractéristiques attendues des recours contentieux. La recherche d’une solution équilibrée, à mi-chemin entre efficacité administrative et protection des requérants, devient un impératif. Celui-ci sera atteint à partir d’une reconstruction de cet aspect épineux de la procédure administrative contentieuse en s’appuyant sur une analyse matérielle de la situation litigieuseIn contentious administrative disputes, appeal actions do not trigger any suspensive effect on the case. As a consequence, the administrative authorities can enforce the appealed decisions until the court gives its final decision. This position constitutes a principle and is due to a highly unbalanced dispute philosophy, as it tends to be favourable to the administration. The non-suspensive effect principle is one of the most direct expressions of this phenomenon as it is most likely to encumber the protection of the plaintiff rights. Studying this principle allows to question the relevance, nowadays, of the ideological basis on which law and administrative disputes are built. A deconstructive analysis shows that, due to several evolutions, this principle seems to be “outdated”. These developments, whether they are part of the legal dimension or part of something bigger, help shaping the expected features of the dispute actions. Finding a balanced solution, between administrative effectiveness and protection of plaintiffs, has become an essential requirement. And this may be reached through rebuilding this rather thorny aspect of the administrative proceedings from a legal analysis of the position in controversy
Books on the topic "Office of the Administrator for the Courts"
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Utah. Legislature. Office of the Legislative Auditor General. A performance audit of the Office of the Court Administrator. [Salt Lake City]: The Office, 1991.
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Colorado. Office of State Auditor. Office of Administrative Courts, Department of Personnel & Administration performance audit. Denver, Colo: Sjoberg Evashenk Consulting, Inc., 2008.
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Center, Federal Judicial, ed. Order in the courts: A history of the federal court clerk's office. Washington, DC (One Columbus Circle, N.E., Washington 20002-8003): Federal Judicial Center, 2002.
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New York (State). Dept. of Audit and Control. Division of Management Audit. Office of Court Administration: Underutilization of resources in New York City criminal courts. [Albany, NY]: The Division, 1993.
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Office, National Audit. Crown Office and the Procurator Fiscal Service: Scottish courts administration resources in sheriff courts. London: HMSO, 1995.
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United States. Congress. House. Committee on the Judiciary. Federal Courts Improvement Act of 1999: Report (to accompany H.R. 1752) (including cost estimate of the Congressional Budget Office). [Washington, D.C: U.S. G.P.O., 1999.
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United States. Congress. House. Committee on the Judiciary. Technical amendments to laws relating to the courts: Report (to accompany S. 1284) (including cost estimate of the Congressional Budget Office). [Washington, D.C.?: U.S. G.P.O., 1991.
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Thomas, Douglas W. Montana Office of the Court Administrator and the Montana Juvenile Probation Officers' Association on-site technical assistance report. Pittsburgh, Pa: National Center for Juvenile Justice, 2003.
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North Carolina. Administrative Office of the Courts. The North Carolina Administrative Office of the Courts' Substance Abuse and the Courts Task Force Coordination Project. Raleigh, NC: The Office, 1995.
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New York (State). Dept. of Audit and Control. Division of Management Audit. Office of Court Administration-- managing the courts: The Second Judicial District must improve its financial management practices. [Albany, N.Y: State of New York, Office of the State Comptroller, Division of Management Audit and Financial Reporting, 1990.
Find full textBook chapters on the topic "Office of the Administrator for the Courts"
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Bialas, Wolfgang, Bernd Scholz-Reiter, and Irene Krebs. "Office Automation in Municipal and County Administration with an Integrated Workflow Based Information System." In Wirtschaftsinformatik ’97, 135–50. Heidelberg: Physica-Verlag HD, 1997. http://dx.doi.org/10.1007/978-3-642-57737-6_8.
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"5. The Administrative Office of the United States Courts, Part I." In The Politics of Federal Judicial Administration, 166–99. Princeton University Press, 2015. http://dx.doi.org/10.1515/9781400868322-007.
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"6. The Administrative Office of the United States Courts, Part II." In The Politics of Federal Judicial Administration, 200–227. Princeton University Press, 2015. http://dx.doi.org/10.1515/9781400868322-008.
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Wurster, Charles F. "Ruckelshaus Decides." In DDT Wars. Oxford University Press, 2015. http://dx.doi.org/10.1093/oso/9780190219413.003.0016.
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All parties to the hearings knew that on June 14, 1972, at exactly 10 a.m., the door of the EPA administrator’s office would open and out would come someone to distribute copies of the decision on the future of DDT. Nobody knew what was in it, but all parties figured there would be something they would not like and would therefore want to appeal it to an appeals court. Appeals could be heard by any of several federal appellate courts around the country. More important, the first appeal made to any court would likely determine the location or venue where the appeal would be heard. The DDT proponents knew they had done poorly in the DC Court of Appeals, so they wanted to get their appeal out of DC; surely the cotton belt would be best. So they were waiting for that door to open with an open telephone line to the 5th Circuit Federal Court of Appeals in New Orleans, Louisiana. We knew what they were up to, so we were determined to file our appeal very quickly with the US Court of Appeals for DC, where we had done very well. That was not a simple procedure. Cell phones did not exist in those days. The EPA administrator’s door opened, the papers came out, and both appeals were rushed to the respective courts of appeal. Not a second was wasted to see what was in the decision. EDF attorney Bill Butler flashed the appeal on a pay phone, which had an open line to another pay phone in the DC Court of Appeals building near the clerk’s office, where EDF secretary Marie Bauman filed the EDF appeal. Each side claimed it had gotten to its preferred appeals court first. The DDT proponents said the case would move to New Orleans for the appeal. Much controversy and confusion ensued. Finally, it was decided that the clocks were not properly synchronized and that EDF had won the rapid communication derby: The case would stay in Washington, DC.
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Ba, Aboubacry. "Professionalizing a Political Trial." In The President on Trial, 95–100. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198858621.003.0014.
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This chapter highlights the ways in which the Extraordinary African Chambers (EAC) clerking experience compared to that of other Senegalese courts. In any trial, the clerk is a critical link as the guarantor of the proceedings. The EAC, under Senegalese jurisdiction, had qualified clerks to accompany the Administration, the different courts, and the Prosecutor's Office in the preparation, investigation, and judgment of the Hissène Habré case. It should be noted that the Habré trial, which was a first for Senegal, was almost a leap in the dark for clerks as they had had no experience with or training on the international courts which usually dealt with the types of crimes being brought before the African Chambers. The clerks nonetheless executed their work quite satisfactorily at the various posts to which they were assigned. Ultimately, the Habré trial was a rich experience in all manner of ways. On a professional level, it allowed some of the clerks to complete or participate in procedures that they had previously known only in theory. The trial is of immense pedagogical interest as it was the first time that a former president was tried on African soil. The chapter then considers the professionalization of political trials in Africa.
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Emerson, Blake. "The Institutional Architecture of Progressive Democracy." In The Public's Law, 113–48. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190682873.003.0004.
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This chapter describes examples of Progressive administration from the New Deal and the Second Reconstruction. This account explores the tension between public deliberation in the administrative process and efficient delivery of the services that make democracy possible. During the New Deal, the Tennessee Valley Authority and the Agricultural Adjustment Administration engaged in highly deliberative forms of land use planning. But these deliberative procedures tended to exclude low-income and minority farmers. The Farm Security Administration, by contrast, provided desperately needed goods and services to poor farmers, but did not generally engage them in administrative policymaking. As the New Deal drew to a close, the Progressive emphasis on participatory modes of administration were codified in a thin form in the Administrative Procedure Act. At the same time, the social impacts of the New Deal agricultural agencies created some of the conditions for the Second Reconstruction. During the Second Reconstruction, civil rights agencies attempted to combine public participation and efficient bureaucracy in new institutional forms. The Department of Health, Education, and Welfare developed broad understandings of the social background for segregation that enabled courts to integrate schools in the South. The Equal Employment Opportunity Commission deliberated with civil rights groups and the courts to develop the disparate impact theory of discrimination. The Office of Economic Opportunity instituted radical forms of public participation in implementing the “maximum feasible participation” requirement of the Economic Opportunity Act.
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Anderson, Hamish. "Office-Holders." In The Framework of Corporate Insolvency Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805311.003.0011.
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At one level the title ‘office-holder’ is merely a convenient way generically to refer to the person (liquidator, administrator, or supervisor) who has the conduct of the insolvency proceeding in question. However, there is a burgeoning concept of the office-holder being a person to whom a number of privileges and responsibilities attach regardless of the form of the proceedings in which the appointment has been made.
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Adkison, Danny M., and Lisa McNair Palmer. "Oath of Office." In The Oklahoma State Constitution, 275–76. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197514818.003.0023.
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This chapter highlights Article XV of the Oklahoma constitution, which sets out the oath of office taken by public officials before assuming their duties. Failure to take this oath can result in a forfeiture of the office a person holds. Section 2 provides for the administration and filing of oath. It states that “any person refusing to take said oath, or affirmation, shall forfeit his office, and any person who shall have been convicted of having sworn or affirmed falsely, or having violated said oath, or affirmation, shall be guilty of perjury, and shall be disqualified from holding any office of trust or profit within the State.” Simply filing this oath in the wrong office—for example, by filing it in the court clerk’s office instead of the office of the county clerk—will not disqualify an official from performing the duties of their office.
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Herrnfeld, Hans-Holger. "Article 36 Prosecution before national Courts." In European Public Prosecutor's Office, 329–45. Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://dx.doi.org/10.5771/9783845290768-329.
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Singh, Rattan. "Judging the Subordinate Judiciary." In Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia, 75–92. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-7898-8.ch005.
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The subordinate judiciary of a nation plays an important role in the administration and dispensation of justice. A judicial officer in the subordinate courts performs a “pious duty” in the service of justice. A majority of the members of the society come in contact with the trial court judges rather than with the appellate or higher court judges. No law, court, precedent, or custom can provide guidelines for better administration of justice, because there is no fixed formula to find the solution of the problem. In such situations, personal qualities, experience, training, and worth of a trial judge make themselves manifest. Through the image of subordinate judiciary and its functioning, the true picture of judiciary presents itself to the nation. The mind of the judiciary can be known to the millions only through the actions and working of the subordinate or trial court judges. In this chapter, researcher has pointed out some problems faced by subordinate courts and judges due to the backlog, and the daily increase, in legal cases.
Conference papers on the topic "Office of the Administrator for the Courts"
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PAWLEWICZ, Katarzyna, Adam PAWLEWICZ, and Iwona CIEŚLAK. "THE INFLUENCE OF NATURA 2000 SITES ON THE INVESTMENT ATTRACTIVENESS OF POLISH REGIONS." In RURAL DEVELOPMENT. Aleksandras Stulginskis University, 2018. http://dx.doi.org/10.15544/rd.2017.032.
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This article evaluates the influence of the Natura 2000 network (N2K) of protected areas on the investment attractiveness of Polish regions. Natura 2000 sites were analyzed with the use of the Technique for Order Preference by Similarity to Ideal Solution (TOPSIS), a linear ordering method with a common pattern and anti-pattern of development, and correlation analysis (Pearson’s correlation coefficient). The basic unit of analysis was the county (Polish: powiat, the second-level unit of local government and administration in Poland). Poland is divided into 16 regions (known as voivodeships) with a total of 380 counties. The results of the analysis were used to determine synthetic values describing the level and potential of investment attractiveness in Polish counties, and the strength of correlations between the evaluated phenomena. Indicators of investment attractiveness of Polish counties were selected based on published data and analyzed in view of several criteria: labor resources, technical infrastructure, social infrastructure, market support and administrative support. The correlations between the investment attractiveness of Polish counties and the presence of N2K sites in those counties were analyzed statistically. Data for analysis were acquired from the Local Data Bank of the Central Statistical Office. The analysis revealed that the presence of N2K sites in the examined territorial units does not significantly influence their investment attractiveness.
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Arafeh, Labib. "Introducing Information Technology to Palestinian Schools." In 2002 Informing Science + IT Education Conference. Informing Science Institute, 2002. http://dx.doi.org/10.28945/2437.
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The paper presents the two perspectives of IT in the Palestinian schools. The basic IT literacy - based courses have been introduced in most of private schools since 1985, and formally started in all public as well private schools in 1999. This covers eight grades from the fifth up to the twelfth. An additional two classes per week have been introduced to the weekly school program. The main objective is to create a new technological-mentality generation that understand, use, explore, and involve in the highly demanded field. Students will be facilitated with the basic IT skills to understand, use, and promote their studies in effectively understanding, searching, reporting, and documenting. Teachers badly need IT paradigms to boost their instructional materials and teaching aids. In addition to the workshops, an Arabic language-based web site will be constructed to assist schoolteachers, administrators, and students etc. in learning technology online an offline. Further more, a collaborative Palestinian School Teachers
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Mitrović, Ljubinko, and Predrag Raosavljević. "HUMAN RIGHTS OMBUDSMEN IN THE PANDEMIC: CHALLENGES IN PROTECTION OF VULNERABLE GROUPS." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18353.
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Pandemic of virus COVID-19 posed numerous and unprecedented challenges to citizens and authorities which required shift in behavior and actions of all segments of society. Representing Ombudsmen Institution of Bosnia and Herzegovina, authors shared their experience in monitoring implementation of the decisions of all levels of government and presented challenges in striking the right balance between interests of public health and protection of rights of vulnerable groups. Public authorities in Bosnia and Herzegovina have passed emergency measures aimed at containing the spread of virus, but some of them failed to maintain human rights standards. Following the decisions of crisis centers to limit the freedom of movement, it was necessary to secure rights of children to education, protection from domestic violence and neglect in the family context. In introducing online education, authorities were asked to adapt recognition and grading system to the children in different conditions and circumstances, especially to the children with difficulties in development, children living in poverty and on margins of society such as Roma children or those living in institutions. Ombudsmen Institution registered increase in the number of domestic violence cases because measures limiting freedom of movement had impact on victims' ability to seek help from trusted sources, usually members of immediate family or representatives of law enforcement agencies. Having in mind that large number of citizens could not afford access to the official gazettes in any form, Ombudsmen requested that all enacted legislation be accessible online recommended that the decision banning reporters from conferences be reconsidered, guided by the right of citizens to be informed of their government actions. Examining the practice of placing COVID stickers on mail by the Post Office, Ombudsmen issued recommendation to stop such practice as it was deemed disproportional to the right to privacy and protection of personal data, while the protection of postal workers could have been ensured by other protective measures. It also became evident that national budgetary capacities had to be increased in order to prevent deterioration in provision of basic public services such as health and social protection, since economic consequences of the pandemic were disproportionally felt by the groups exposed to poverty, such as Roma, refugees or migrants. Drawing conclusion from concrete cases, authors offer review of particular emergency measures, analyze their adequacy, justifiability and timeliness, while presenting authorities’ response to Ombudsmen’s findings in formulating more adequate and efficient but, at the same time, least intrusive measures taken in response to the disaster. In search of common response to such widespread phenomenon, governments should recognize the intention of Ombudsmen Institutions to be in „permanent session“ over protection of vulnerable groups and should more actively involve it in discussions on emergency measures and their effect on human rights and freedoms. It proved to be better suited to act quickly, to apply more effective remedies and to correct government actions thanks to its knowledge of the local context than traditional institutions for protection of human rights, such as constitutional courts, international courts or treaty bodies.