Literatura académica sobre el tema "Procedural prerogatives"
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Artículos de revistas sobre el tema "Procedural prerogatives"
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Öberg, Jacob. "The Rise of the Procedural Paradigm: Judicial Review of EU Legislation in Vertical Competence Disputes". European Constitutional Law Review 13, n.º 2 (26 de mayo de 2017): 248–80. http://dx.doi.org/10.1017/s1574019617000086.
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EU Law–Vertical competence review of EU secondary law–Court of Justice control of the exercise of EU legislative powers–Strict procedural review of EU legislation–Standard of judicial review and intensity of judicial review–Judicial review as a safeguard of federalism–Constitutional review of EU legislation–Proportionality, subsidiarity and principle of conferral–Balance between the EU legislator’s prerogatives and the need to ensure that EU legislation conforms to the precepts of EU law–Distribution of competences between Member States and the EU
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Howard, Nicholas O. y Jason M. Roberts. "Obstruction and the Politics of Civilian Nominations". American Politics Research 48, n.º 3 (5 de septiembre de 2019): 414–21. http://dx.doi.org/10.1177/1532673x19870995.
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Conflict over presidential nominations has grown more acrimonious in recent decades. Senators have increasingly exploited their procedural prerogatives to block or delay nominations that they oppose. In this article, we utilize a newly collected dataset on holds placed by Republican senators to explore the usage and effect of obstructive tactics on nominations in the 100th to 104th Congresses (1987-1996). We find that nominees subject to a hold see a significant delay in disposition of their nomination, but we do not find evidence that holds regularly prevent nominees from being confirmed by the Senate.
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SARZO, MATTEO. "The Dark Side of Immunity: Is There Any Individual Right for Activities Jure Imperii?" Leiden Journal of International Law 26, n.º 1 (5 de febrero de 2013): 105–25. http://dx.doi.org/10.1017/s0922156512000672.
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AbstractThe following contribution interprets the ICJ decision on the case Jurisdictional Immunities of the State in a broader picture. The article focuses on the cause of action underlying the domestic civil claims, i.e. the primary rules providing for individual rights. Indeed, the traditional view, which conceives immunity as a ‘procedural’ rule, vigorously upheld by the Court, is not the only way to address this topic. In our view, state immunity is a substitute for other more sensitive questions, namely the definition of ‘state’, its prerogatives, and the individuals as right holders under international law. This approach points out a different rationale under state immunity, leading to major practical consequences in terms of the assessment of international jurisdiction.
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Vinogradova, Elena V., Ekaterina S. Ganicheva, Kasa Ilda, Badma V. Sangadzhiev y Natella A. Sinyaeva. "The Constitutional Court in the System of Public Authorities: A Doctrinal Approach". Cuestiones Políticas 39, n.º 69 (17 de julio de 2021): 326–34. http://dx.doi.org/10.46398/cuestpol.3969.19.
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The article examines the place and role of the Constitutional Court in the system of public powers in the doctrinal understanding of the concept of human rights and constitutionalism. The Constitution of the Russian Federation establishes the basic constitutional and legal principles that are fundamental to substantive and procedural law. Judicial constitutional review, as the experience of European countries shows, is the most effective in protecting the Constitution. The principles of law applied to the doctrinal assessment of the place and role of the Constitutional Court in the system of public powers constitute a rather dynamic legal concept. The methodology is based on the legal system, public relations, and the political-state course, which, like all fundamental ideas, change, affect legal awareness and establish new requirements for legal regulation and the formation of an appropriate mechanism. The article concludes that the most important condition for the implementation of the prerogatives of the judiciary to administer justice in the consideration and resolution of specific cases, with emphasis on the study and evaluation of evidence. It is the evidence that serves as the basis of information for the court's findings in the case.
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Gazzini, Tarcisio. "Travelling the National Route: South Africa's Protection of Investment Act 2015". African Journal of International and Comparative Law 26, n.º 2 (mayo de 2018): 242–63. http://dx.doi.org/10.3366/ajicl.2018.0230.
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The South African Protection of Investment Act 2015 is a strong response to the perceived inadequacy of investment treaties, which are facing growing criticism for their unbalanced character, the undue restrictions on policy space and the shortcomings of the mechanism for the settlement of disputes. While other states have opted for a revision of their treaty models (i.e. India), concluded innovative BITs (i.e. the BIT between Morocco and Nigeria, not yet in force) or preferred facilitation agreements (i.e. Brazil), South Africa has taken a different route based on the assumption that domestic legislation is more appropriate than international legal instruments to regulate foreign investment. The Act is firmly anchored to the Constitution and provides a level of substantive and procedural protection that efficiently preserves South African sovereign prerogatives, but definitely falls short of that commonly ensured under international investment treaties. While states obviously need to balance the private and public rights and obligations at stake with a view to pursuing their economic and social development policies, it remains to be seen whether the drastic reduction in the protection of foreign investors operated by the Act was unavoidable and what impact it may have on the flow of foreign investment to South Africa. The article ultimately reflects on the implications of the Act from the standpoint of the protection enjoyed by foreign investors under both customary international law and investment treaties currently binding South Africa.
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Payda, Yuriy. "Public administration as an object of administrative and legal regulation". Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, n.º 3 (30 de septiembre de 2020): 65–72. http://dx.doi.org/10.31733/2078-3566-2020-3-65-72.
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The concept and legal nature of public administration have been analyzed. The analysis of research works has allowed to state that the term "public administration" is considered in two aspects - structural and procedural (or functional) where public administration should be understood as executive bodies, local self-government bodies, as well as entities endowed by the state with public administration functions that perform public administration functions and whose purpose is to ensure the interests of the state and society as a whole, and their activities carried out within the law. The principles of administrative and legal regulation of public administration in Ukraine and the concepts, principles of administrative and legal regulation of public administration have been studied. The author has found out that the essential features of public administration are: public administration is subordinated to political power (i.e., parliament, head of state); public administration ensures the implementation and application of laws (i.e., implements the political decisions of parliament); public administration acts (should act) in the public interest; public administration is endowed with the prerogatives of public authority (that is, powers that allow mandatory instructions to be given to individuals). While the system of central executive bodies consists of the ministries of Ukraine and other central executive bodies the system of central executive bodies is a component of the system of executive bodies, the highest body of which is the Cabinet of Ministers of Ukraine. The local state administration is a local executive body and is part of the system of executive bodies. The local state administration, within the limits of its powers, exercises executive power on the territory of the respective administrative-territorial unit, as well as exercises the powers delegated to it by the relevant council.
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Jean, Jean-Paul. "Le riforme penali in Francia nell'ultimo decennio (Tra inflazione legislativa e rivoluzioni silenziose)". QUESTIONE GIUSTIZIA, n.º 2 (junio de 2010): 160–72. http://dx.doi.org/10.3280/qg2010-002013.
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1. Dieci anni di cambiamenti all'insegna dell'ideologia sicuritaria2. Prioritŕ alle vittime e lotta contro la reiterazione dei reati sessuali3. La repressione della delinquenza minorile4. L'ampliamento delle ipotesi di reato e l'aggravamento delle pene5. Il rafforzamento delle prerogative dei servizi di polizia6. Le modifiche della detenzione provvisoria e della procedura d'istruzione7. Le rivoluzioni silenziose: una nuova filosofia del sistema penale8. La modernizzazione e la specializzazione della giustizia penale9. Le sollecitazioni contraddittorie della fase di esecuzione delle pene.
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Creț, Daniela Cristina. "THE ARBITRAL DECISION PRONOUNCED IN AD-HOC DOMESTICLAW ARBITRATION IN THE REGULATION OF THE NEW ROMANIAN CODE OF CIVIL PROCEDURE". Agora International Journal of Juridical Sciences 8, n.º 4 (17 de diciembre de 2014): 204–13. http://dx.doi.org/10.15837/aijjs.v8i4.1653.
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The need to relieve the Romanian judicial system from the large number of cases, coupled with the assignment of specific prerogatives to certain people, bodies or institutions regarding the settlement of certain disputes, has resulted in the extension of arbitration as a significant way of settling litigations of a private nature.This article presents some issues referring to arbitration in Romania, and then analyze, from the perspective of the New Romanian Code of Civil Procedure, the features of a settlement pronounced as a result of ad-hoc domestic-law arbitration, called arbitral decision, stressing elements of novelty and essential changes brought to it.
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Forsyth, C. F. "Beyond O'Reilly V. Mackman: The Foundations and Nature of Procedural Exclusivity". Cambridge Law Journal 44, n.º 3 (noviembre de 1985): 415–34. http://dx.doi.org/10.1017/s0008197300114928.
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The position of applicants for judicial review has been drastically ameliorated by the new Order 53. It has removed all those disadvantages, particularly in relation to discovery, that were manifestly unfair to them and had, in many cases, made applications for prerogative orders an inadequate remedy if justice was to be done … Now that those disadvantages to applicants have been removed and all remedies for infringements of rights protected by public law can be obtained upon an application for judicial review, as can also remedies for infringements of rights under private law if such infringements should also be involved, it would in my view as a general rule be contrary to public policy, and as such an abuse of the process of the court, to permit a person seeking to establish that a decision of a public authority infringed rights to which he was entitled to protection under public law to proceed by way of an ordinary action and by this means to evade the provisions of Order 53 for the protection of such authorities.(per Lord Diplock in O'Reilly v. Mackman [1983] 2 A.C. 237 at 285)
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Abdelkader, Khanfor y Souaf Malika. "L’adhésıon Au Contrôle Fıscal Du Contrıbuable Marocaın : Etude Crıtıque Des Procedures Fıscales". European Scientific Journal, ESJ 12, n.º 4 (28 de febrero de 2016): 129. http://dx.doi.org/10.19044/esj.2016.v12n4p129.
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The tax control practiced by the services of the general direction of the taxes is the ultimate guarantor of tax compliance. It aims to understand all breaches of tax and accounting legislation. Instead, it creates a sort of mistrust and reluctance due, first by the legal uncertainty of the texts governing the tax audit. And second, to the exorbitant prerogatives of auditors. The general direction of the taxes has adopted a new vision that shows the taxpayer as a true partner that should benefit from a number of safeguards, given the substantial powers of the Tax Administration favor to the introduction of the charter of the taxpayer. This document is very criticized by experts due to not bringing much to our tax legislation, except that it summarizes the various guarantees of the General Tax Code (GTC ), became mandatory handed , together with the notice of audit , on pain of the uselessness of the entire verification process.
Tesis sobre el tema "Procedural prerogatives"
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Campos, Márcia Regina Leal. "Novo tratamento dispensado aos interesses públicos versus as prerrogativas garantidas à administração pública, como parte em ações judiciais trabalhistas". reponame:Repositório Institucional do FGV, 2010. http://hdl.handle.net/10438/6984.
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Public Administration enjoys procedural prerogatives, such as special deadlines for presenting defenses and appeals, a situation that occurs from the public supreme interest principle over the private interest. The Labor Procedure excels for simplicity and celerity of the lawsuit, mostly due to the nature of the quotas under discussion: its alimentary nature. The worker usually remains unbalanced in the material and procedural relationships, and he is not able to survive with dignity, without the strength of his work. Hence the need to simplify the labor lawsuit procedures pattern and to reduce their lasting period. Such is the approach of this dissertation: to discuss the consistency of the special deadlines assured to Public Administration, whenever we are dealing with labor lawsuits, when, on the other side of procedural relationship, stands an unbalanced and weak worker, in need of a fast and effective judicial solution. Mainly since the new interpretations of Administrative Law, after the 1988 Constitution, which adopted the human being dignity basis.
A Administração Pública goza de prerrogativas processuais, dentre elas prazos especiais para apresentação de defesas e recursos, que decorrem do princípio da supremacia do interesse público sobre o interesse privado. O Processo do Trabalho prima pela simplicidade e celeridade dos procedimentos judiciais, principalmente em razão da natureza das parcelas discutidas: natureza alimentar. O trabalhador, em geral parte hipossuficiente nas relações material e processual, não sobrevive dignamente, sem os recursos advindos de sua força de trabalho. Por isso, a necessidade de simplificar a forma dos processos trabalhistas e diminuir seu tempo de duração. Esta é a abordagem desta dissertação: questiona-se a compatibilidade dos prazos especiais assegurados à Administração Pública, quando se cuida de ações trabalhistas, em que, do outro lado da relação processual, há um trabalhador hipossuficiente, carente da solução judicial célere e efetiva. Principalmente a partir das novas interpretações do Direito Administrativo, pós Constituição de 1988, que adota como fundamento a dignidade da pessoa humana.
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Birdling, Malcolm David. "Correction of miscarriages of justice in New Zealand and England". Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:2dae4513-4fd2-40cd-bb6a-dbba696d6d7f.
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This thesis sets out to provide a deep analysis of the mechanisms for review of convictions in New Zealand and England after initial appeal rights are exhausted, and to identify the key areas of similarity and difference between these systems, the reasons for these differences, and their implications. The appeal systems in each jurisdiction are briefly examined, alongside the pressures and restrictions on their functioning. Particular attention is paid to the options for appeal out of time, and for revisiting appeal decisions if new material comes to light. The main discussion is of the specialist procedures for review of suspect convictions in each jurisdiction: the Royal Prerogative of Mercy process carried out by the New Zealand Ministry of Justice and the work of the English Criminal Cases Review Commission. This discussion presents the results of empirical research carried out by the author utilising the files of each of these bodies. It investigates the legal context in which each body functions, and provides an account of how each body functions in practice, by examining the circumstances in which each body will contemplate referring a matter back to an appeal court and the means by which a determination is made as to whether to do so in an individual case. In addition it examines the various factors (legal and non-legal) which impact on their work. Finally, the key features of the two systems are contrasted, with a discussion of the areas of similarity and difference, as well as the possible implications of these, in particular for reform of the New Zealand processes.
Libros sobre el tema "Procedural prerogatives"
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Chadwick, Roger. Bureaucratic mercy: The home office and the treatment of capital cases in Victorian Britain. New York: Garland Pub., 1992.
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Hunt, Luke William. Entrapment, Prerogative Power, and the Rule of Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190904999.003.0006.
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Chapter 5 first argues that the subjective test for entrapment is a theoretically and practically untenable method of evaluating sting operations: the test is based upon a decision procedure that gives rise to questions about the metaphysics of counterfactual conditionals, which raise more pressing epistemological, ethical, and political problems. Accordingly, the second goal of this chapter is to examine the limits of sting operations more broadly. This is done by examining the extent to which the police are justified in using discretionary power to break what would otherwise be the law. The chapter concludes by setting forth a theory regarding the limits of such powers—limits that correspond to the limits of executive national security emergency powers in the liberal tradition. The upshot is that any theory of entrapment and sting operations must exist within the broader constraints upon the police’s power to break the law.
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Stanton, John y Craig Prescott. Public Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198852278.001.0001.
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Public Law provides an interesting approach to constitutional and administrative law. Topics include: the UK Constitution; the institutions of government and the separation of powers; the rule of law; parliamentary sovereignty; the European Union; and Brexit. It also looks at the Crown and the royal prerogative; central government; Parliament; and devolution and local government. Next it presents a number of judicial reviews in the following: illegality, irrationality and proportionality, and procedural impropriety. Finally, it considers administrative justice, the European Convention on Human Rights and the Human Rights Act, and human rights in the UK.
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Stanton, John y Craig Prescott. Public Law. Editado por David Mead. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198722939.001.0001.
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Public Law provides an interesting approach to constitutional and administrative law. Topics include: the UK constitution; the institutions of government and the separation of powers; the rule of law; Parliamentary sovereignty; and Parliamentary sovereignty, the European Union, and Brexit. It also looks at the Crown and the royal prerogative; central government; Parliament; and devolution and local government. Next it presents a number of judicial reviews in the following: illegality, irrationality and proportionality, and procedural impropriety. Finally, it considers administrative justice; the European Convention on Human Rights and the Human Rights Act; and human rights in the UK.
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Gross, Alan G. y Joseph E. Harmon. The Internet Revolution in the Sciences and Humanities. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780190465926.001.0001.
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The Internet Revolution in the Sciences and Humanities takes a new look at C.P. Snow's distinction between the two cultures, a distinction that provides the driving force for a book that contends that the Internet revolution has sown the seeds for transformative changes in both the sciences and the humanities. It is because of this common situation that the humanities can learn from the sciences, as well as the sciences from the humanities, in matters central to both: generating, evaluating, and communicating knowledge on the Internet. In a succession of chapters, the authors deal with the state of the art in web-based journal articles and books, web sites, peer review, and post-publication review. In the final chapter, they address the obstacles the academy and scientific organizations face in taking full advantage of the Internet: outmoded tenure and promotion procedures, the cost of open access, and restrictive patent and copyright law. They also argue that overcoming these obstacles does not require revolutionary institutional change. In their view, change must be incremental, making use of the powers and prerogatives scientific and academic organizations already have.
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Faragher, Colin. Public Law Concentrate. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840527.001.0001.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Public Law Concentrate looks at all aspects relevant to constitutional law including sources, the rule of law, and separation of powers. It details the role of the executive, constitutional monarchy, and the Royal Prerogative. It also looks at sovereignty of Parliament and European Union law. It covers topics such as administrative law, judicial review, human rights, police powers, public order, and terrorism. This new edition examines the constitutional issues raised by and the legal effect of the provisions of the European Referendum Act 2015, the European Union (Notification of Withdrawal) Act 2017, the European Union (Withdrawal) Act 2018, and the proposed European Union (Withdrawal Agreement) Bill. It also looks at the constitutional status of the Sewel Convention, legislative consent motion procedure, the use of secondary legislation by the executive to amend law and the separation of powers implications of Henry VIII Clauses, the constitutional role of the House of Lords in scrutinizing and amending primary legislation, the Speakers' Ruling in the House of Commons on Points of Order and the Contempt of Parliament Motion, the whip system, back bench revolts, confidence and supply agreements in government formation, and the current state of legislative and executive devolution in Northern Ireland. There are also full details of the key principle in the decision of the Court of Justice of the European Union in Wightman v Secretary of State for Exiting the European Union [2018] SLT 959.
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Faragher, Colin. Public Law Concentrate. 7a ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192897251.001.0001.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Public Law Concentrate looks at all aspects of constitutional law including sources, rule of law, separation of powers, role of the executive, constitutional monarchy, and the Royal Prerogative. It also discusses parliamentary sovereignty and the changing constitutional relationship between the UK and the EU together with the status of EU retained and converted law under the European Union (Withdrawal) Act 2018 as amended by the 2020 Act, the Agreement on Trade and Cooperation effective from 1 January 2021, and the European Union (Future Relationship) Act 2020. Also covered are: administrative law, judicial review, human rights, police powers, public order, terrorism, the constitutional status of the Sewel Convention, legislative consent motion procedure, use of secondary legislation by the executive to amend law and make regulations creating criminal offences, especially under the Coronavirus Act 2020 and the Public Health (Control of Disease) Act 1984, the separation of powers implications of Henry VIII Clauses, the constitutional role of the Horuse of Lords in scrutinizing and amending primary legislation, the Speakers’ Ruling in the House of Commons on Points of Order and the Contempt of Parliament Motion, whip system, back bench revolts, confidence and supply agreements in government formation, and current legislative and executive devolution in Northern Ireland. The book additionally examines the continuing impact of the HRA 1998 and the European Court of Human Rights on parliamentary sovereignty and the significance of the 2021 Independent Review of the HRA.
Capítulos de libros sobre el tema "Procedural prerogatives"
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Danisi, Carmelo, Moira Dustin, Nuno Ferreira y Nina Held. "The Asylum Claim Determination". En IMISCOE Research Series, 259–330. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69441-8_7.
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AbstractPublic international law and, more specifically, international human rights law protect the right to access an asylum determination procedure and the principle of non-refoulement, as established in Chap. 10.1007/978-3-030-69441-8_3. Some would argue that asylum should not be seen by states as their own prerogative, but rather as a fundamental human right (Díaz Lafuente, 2014, pp. 206–207). How the right to access to asylum determination and the principle of non-refoulement are implemented varies from country to country, including within the EU, as discussed in Chap. 10.1007/978-3-030-69441-8_4. Chapter 10.1007/978-3-030-69441-8_6 dissected the different procedures adopted to adjudicate SOGI claims of international protection in Germany, Italy and the UK. In this chapter, we focus on the decision itself by analysing the Refugee Status Determination (RSD) process in the three countries studied. In the process, we highlight similarities and differences, merits and shortcomings, and often inconsistencies with supranational and international standards.
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Sweet, Alec Stone y Jud Mathews. "Proportionality and Constitutional Governance". En Proportionality Balancing and Constitutional Governance, 30–58. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198841395.003.0002.
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The chapter explains why enforcement of the proportionality principle has become the central procedural component of constitutional governance in the world today. Part I argues that proportionality analysis [PA]—with its distinctive sequence of subtests culminating in balancing—neatly fits the structure of qualified rights, providing a comprehensive analytical framework for adjudicating them. A right’s provision is “qualified” when it contains a limitation clause, which authorizes government officials to restrict the enjoyment of a right for some sufficiently important public purpose. Today, virtually all of the most powerful courts in the world deploy PA to determine whether officials have properly exercised their authority under limitation clauses. PA proceeds through a sequence of subtests: (i) “legitimacy,” or “proper purpose”; (ii) “suitability” or “rational connection”; (iii) “necessity”; and (iv) “proportionality in the strict sense.” A government measure that fails any subtest in this sequence is unlawful. Part II directs attention to the various ways in which proportionality enables judges to manage legitimacy issues associated with the judicial supremacy that comes with trusteeship. PA enables judges: to avoid creating rigid hierarchies among rights and interests; to exploit the legitimizing logics of Pareto optimality (reducing harm to the loser as much as possible); and to identify and respect the lawmaking prerogatives of the officials whose policymaking they supervise. Part III develops a simple model of constitutional governance—with rights, a duty of officials to justify their rights-regarding actions, and PA at its core—and respond to objections and alternatives.
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Dennett, Anne. "16. Judicial review". En Public Law Directions, 358–86. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198807315.003.0016.
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This chapter assesses judicial review and the rule of law, the three traditional grounds of judicial review, proportionality, the modern approach to judicial review, and remedies. Judicial review is the rule of law in action. Through judicial review, the courts place constraints on executive power by upholding and projecting rule of law principles on to executive actions. Indeed, it ensures that administrative decisions are taken rationally, in accordance with a fair procedure, and within the powers conferred by Parliament. As such, the traditional judicial review grounds of illegality, irrationality, and procedural impropriety are applied flexibly to protect individuals against the unreasonable, arbitrary, procedurally unfair, or unlawful use of power. Judicial review has unique remedies known as prerogative orders which comprise mandatory orders, prohibiting orders, and quashing orders.
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Dennett, Anne. "16. Judicial review: grounds and remedies". En Public Law Directions, 375–408. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198870579.003.0016.
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This chapter assesses judicial review and the rule of law, the three traditional grounds of judicial review, proportionality, the modern approach to judicial review, and remedies. Judicial review is the rule of law in action. Through judicial review, the courts place constraints on executive power by upholding and projecting rule of law principles on to executive actions. Indeed, it ensures that administrative decisions are taken rationally, in accordance with a fair procedure, and within the powers conferred by Parliament. As such, the traditional judicial review grounds of illegality, irrationality, and procedural impropriety are applied flexibly to protect individuals against the unreasonable, arbitrary, procedurally unfair, or unlawful use of power. Judicial review has unique remedies known as prerogative orders which comprise mandatory orders, prohibiting orders, and quashing orders.
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Elliott, Mark y Jason Varuhas. "13. The Judicial Review Procedure". En Administrative Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198719465.003.0013.
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This chapter examines the judicial review procedure, with particular emphasis on two issues: first, what judicial review procedure which claimants seeking a prerogative remedy are required to use; second, the extent to which a claimant seeking to raise a public law matter may avoid having to use the judicial review procedure by issuing a claim for an injunction or declaration. After providing a background on the origins of today's judicial review procedure, the chapter discusses the nature of the judicial review procedure and the impact of human rights claims on judicial review procedure. It also considers when the judicial review procedure must be used, focusing on procedural exclusivity, waiver of exclusivity, defensive use of public law arguments, and the connection between private law rights and public law.
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Baker, John. "The Conciliar Courts". En Introduction to English Legal History, 126–34. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198812609.003.0007.
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This chapter examines the courts associated with the king’s council and the residuary prerogative jurisdiction of the Crown. Such courts were not supposed to meddle with the law of property, or with matters of life and death, since they did not follow the ‘due process’ required by Magna Carta and its progeny, but they nevertheless developed extensive jurisdictions alongside the courts of law. Their procedure was close to that of the Chancery. The principal conciliar courts were the Star Chamber and the Court of Requests, at Westminster, but there were provincial counterparts in the Marches of Wales and in the North. The extraterritorial jurisdictions of the admiralty and the constable and marshal were similarly derived from the royal prerogative and operated outside the common law. The King’s Bench watched all these jurisdictions carefully and checked excesses by means of prohibition and habeas corpus.
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Daly, Paul. "Remedies". En Understanding Administrative Law in the Common Law World, 145–73. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192896919.003.0005.
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When an applicant for judicial review succeeds in demonstrating that an administrative decision was unlawful because it breached the principles of institutional structures, procedural fairness or substantive review, the court must then decide whether to grant a remedy. This Chapter first discusses the nature of the remedies available to a reviewing court, explaining how the different characteristics of the so-called ‘prerogative writs’ and their successors can be understood in terms of the values of individual self-realisation, good administration, electoral legitimacy and decisional autonomy. It highlights how judges’ choices whether to issue a remedy and how to structure a remedy can also be understood as being influenced by these values. The chapter then addresses several aspects of judicial discretion not to grant a remedy and the ability to sever problematic aspects of a decision, again demonstrating the influence of administrative law values.
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Dahal, Semanta. "Appointments to the Supreme Court of Nepal". En Appointment of Judges to the Supreme Court of India, 267–80. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199485079.003.0021.
Texto completoResumen
This essay analyses how Nepal has consciously made attempts to depoliticize judicial appointments—while appointments to the Supreme Court were originally made at the behest of the executive (the monarch), the fifth Constitution onwards (in 1990), appointments became the prerogative of the ‘Judicial Council’, a body chaired by the Chief Justice of Nepal. This essay describes how by the time Nepal enacted its Interim Constitution of 2006, judicial appointments involved all three branches of the government. This essay observes that the 2015 Constitution retains the Judicial Council and the Parliamentary Hearing Special Committee, and by necessary implication, the model of power-sharing between the three branches of government. Though still largely untested, this essay parts with the belief that the appointment procedures under this Constitution may lead to appropriate selections being made, though its complicated power-sharing devices might quite easily descend into gridlock.
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Kulesza, Joanna. "Online Free Expression and Its Gatekeepers". En Media Controversy, 387–98. IGI Global, 2020. http://dx.doi.org/10.4018/978-1-5225-9869-5.ch022.
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This chapter covers the pressing issues of online free expression at the time of global telecommunication services and social media. What once was the domain of the state has become the prerogative of private global companies – it is their terms of service and sense of social responsibility that have replaced local perceptions of morality and set limits to individual personal rights. Whether protecting privacy or defending against defamation, it is the Internet Service Provider who can offer tools far more effective and prompt than any national court and law enforcement agency. And even though the right to free expression is firmly rotted in the global standard of article 19 UDHR, nowhere than online are the differences in its interpretation, originated by history, morality and religion, more palpable. The paper aims to discuss each of the three composite rights of free expression (the right to hold, impart and receive information and ideas) and identify the actual limitations originated by national laws. The author emphasizes states' positive obligation to take active measures aimed at protecting free expression, ensuring that all human rights are “protected, respected and remedied”. This obligation makes the interrelationship between national lawmakers and international telecommunication service providers complex as the latter serve as the actual gate keepers of free expression in the information society. The paper covers a discussion on how different countries deal with this challenge through various approaches to ISP liability, including the notice-and-take down procedure as well as content filtering (preventive censorship). The author goes on to criticize those mechanisms as enabling ISPs too much freedom in deciding upon the shape and scope of individuals' right to impart and receive information.
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Kulesza, Joanna. "Online Free Expression and Its Gatekeepers". En Advances in Electronic Government, Digital Divide, and Regional Development, 215–26. IGI Global, 2017. http://dx.doi.org/10.4018/978-1-5225-1862-4.ch013.
Texto completoResumen
This chapter covers the pressing issues of online free expression at the time of global telecommunication services and social media. What once was the domain of the state has become the prerogative of private global companies – it is their terms of service and sense of social responsibility that have replaced local perceptions of morality and set limits to individual personal rights. Whether protecting privacy or defending against defamation, it is the Internet Service Provider who can offer tools far more effective and prompt than any national court and law enforcement agency. And even though the right to free expression is firmly rotted in the global standard of article 19 UDHR, nowhere than online are the differences in its interpretation, originated by history, morality and religion, more palpable. The paper aims to discuss each of the three composite rights of free expression (the right to hold, impart and receive information and ideas) and identify the actual limitations originated by national laws. The author emphasizes states' positive obligation to take active measures aimed at protecting free expression, ensuring that all human rights are “protected, respected and remedied”. This obligation makes the interrelationship between national lawmakers and international telecommunication service providers complex as the latter serve as the actual gate keepers of free expression in the information society. The paper covers a discussion on how different countries deal with this challenge through various approaches to ISP liability, including the notice-and-take down procedure as well as content filtering (preventive censorship). The author goes on to criticize those mechanisms as enabling ISPs too much freedom in deciding upon the shape and scope of individuals' right to impart and receive information.
Actas de conferencias sobre el tema "Procedural prerogatives"
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Creemers, Joris, Gilles Hermans, Virginie Schrayen, Frederik Van Wonterghem, An Wertelaers y Manfred Schrauben. "Belgian Regulatory Framework for Decontamination and Decommissioning: Lessons Learned and New Initiatives". En ASME 2013 15th International Conference on Environmental Remediation and Radioactive Waste Management. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/icem2013-96305.
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Belgium can rely on significant experience in the field of decontamination and decommissioning of nuclear facilities. Several projects are ongoing and include research reactors (BR3, Thetis), uranium and MOX fuel fabrication plants (FBFC International, Belgonucleaire), fuel reprocessing facilities (Eurochemic) and radwaste processing facilities (Belgoprocess). Additional projects are expected in the coming years with the planned final shutdown of the oldest nuclear power reactor units. Two national authorities are involved in the decontamination and decommissioning process of nuclear facilities. The FANC (together with its subsidiary Bel V) is concerned for all matters related to nuclear safety and radiation protection, while NIRAS/ONDRAF is concerned for all matters related to radioactive waste and fuel management and financial provisions. These attributions ensure that all safety and material concerns are addressed and that both the licensees and the national authorities bear their own responsibilities. They rely on an existing regulatory framework covering both the procedural and the technical aspects of the decontamination and decommissioning activities. However, opportunities for regulatory improvement were raised after some recent events in Belgium, among which the bankruptcy of a nuclear company producing radioisotopes, involving numerous additional interested parties in a complex judiciary context. Amendments in the current regulations are considered to increase the prerogatives of the authorities regarding the management of radioactive waste by a licensee, the transfer of an operating license from an operator to another, and the general decommissioning strategy of a facility. Furthermore, a dedicated “waste and decommissioning” working group within WENRA defined new reference levels applying to the decontamination and decommissioning of nuclear facilities. Belgium committed to include these requirements explicitly in its national legislation, even though most of them were already included in the existing decommissioning authorizations. Amendments will cover the safety provisions inherent to the decontamination and decommissioning phase, such as the decommissioning strategy, the qualification of techniques, the experience feedback valorization, the periodic safety reviews, the radioactive waste management, or the final characterization of the sites. Additionally, requirements regarding the authorization process will be detailed, such as the content of the licensee’s application file or the structure of the safety report covering the decontamination and decommissioning phase. These changes will contribute to a more secure regulatory framework for all interested parties.
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Cho, Dae-Seung, Nikola Vladimir y Tae-Muk Choi. "Free Vibration Analysis of Rectangular Plates With Multiple Rectangular Openings and Arbitrary Edge Constraints". En ASME 2014 33rd International Conference on Ocean, Offshore and Arctic Engineering. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/omae2014-23051.
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Free vibration analysis of plates with openings represents an important issue in naval architecture and ocean engineering applications. Namely, they are often primary design members of complex structures and knowledge about their dynamic behavior becomes a prerogative for the proper structural design. This paper deals with application of assumed mode method to free vibration analysis of rectangular plates with multiple rectangular openings at arbitrary defined locations. Developed method can be applied to both thin and thick plates as well as to classical and non-classical edge constraints. In the assumed mode method natural frequencies and mode shapes of a corresponding plate are determined by solving an eigenvalue problem of a multi-degree-of-freedom system matrix equation derived by using Lagrange’s equations of motion. The developed procedure actually represents an extension of a method for the natural vibration analysis of rectangular plates without openings, which has been recently presented in the relevant literature. The effect of an opening is taken into account in a simple and intuitive way, i.e. by subtracting its energy from the total plate energy without opening. Illustrative numerical examples include dynamic analysis of rectangular plates with single and multiple rectangular openings with various thicknesses and different combinations of boundary conditions. Also, the influence of the rectangular opening area on the plate dynamic response is analyzed. The comparisons of the results with those obtained using the finite element method (FEM) is also provided, and very good agreement is achieved. Finally, related conclusions are drawn and recommendations for future investigations are presented.