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Artykuły w czasopismach na temat „Administrative agencies”

Autor: Grafiati

Data publikacji: 4 czerwca 2021

Data aktualizacji: 30 lipca 2024

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Noll, David. "Administrative Sabotage." Michigan Law Review, no. 120.5 (2022): 753. http://dx.doi.org/10.36644/mlr.120.5.administrative.

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Government can sabotage itself. From the president’s choice of agency heads to agency budgets, regulations, and litigating positions, presidents and their appointees have undermined the very programs they administer. But why would an agency try to put itself out of business? And how can agencies that are subject to an array of political and legal checks sabotage statutory programs? This Article offers an account of the “what, why, and how” of administrative sabotage that answers those questions. It contends that sabotage reflects a distinct mode of agency action that is more permanent, more de

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Noll, David. "Administrative Sabotage." Michigan Law Review, no. 120.5 (2022): 753. http://dx.doi.org/10.36644/mlr.120.5.administrative.

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Government can sabotage itself. From the president’s choice of agency heads to agency budgets, regulations, and litigating positions, presidents and their appointees have undermined the very programs they administer. But why would an agency try to put itself out of business? And how can agencies that are subject to an array of political and legal checks sabotage statutory programs? This Article offers an account of the “what, why, and how” of administrative sabotage that answers those questions. It contends that sabotage reflects a distinct mode of agency action that is more permanent, more de

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Shkurska, I. S. "ADMINISTRATIVE DISCRETION IN THE ACTIVITIES OF PUBLIC ADMINISTRATION AGENCIES." Juridical scientific and electronic journal, no. 3 (2021): 240–42. http://dx.doi.org/10.32782/2524-0374/2021-3/61.

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Estreicher, Samuel, and Richard L. Revesz. "Nonacquiescence by Federal Administrative Agencies." Yale Law Journal 98, no. 4 (February 1989): 679. http://dx.doi.org/10.2307/796731.

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RHEE, Eun-sang. "A study on improvement of practical national administrative organization legal system aimed at coexistence and convergence." European Constitutional Law Association 43 (December 31, 2023): 483–509. http://dx.doi.org/10.21592/eucj.2023.43.483.

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In-depth research on administrative organization from the perspective of administrative law has not been sufficiently conducted so far. In a situation where social problems are becoming more complex and diverse, and the risks and uncertainties inherent therein are increasing, it is necessary to study from a legal perspective on the appropriate administrative organization to respond to the situation. Among the many topics that can be studied in relation to that study, legal research on administrative operations involving multiple administrative agencies is particularly necessary because it can

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Lee, Mordecai. "The Agency Spokesperson: Connecting Public Administration and the Media." Public Administration Quarterly 25, no. 1 (March 2001): 1–48. http://dx.doi.org/10.1177/073491490102500104.

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Spokespersons for administrative agencies are the focal point for connecting public administration and the media. However, while significant attention has been paid to spokespersons for elected officials, those for administrative agencies have received less attention. This article reviews the literature on spokespersonship, presents the results of a survey of the chief public information officers in local government agencies, and compares the results to an identical survey of their counterparts in federal agencies. It concludes that spokespersons for all government agencies are becoming increa

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Givati, Y. "Strategic Statutory Interpretation by Administrative Agencies." American Law and Economics Review 12, no. 1 (November 28, 2009): 95–115. http://dx.doi.org/10.1093/aler/ahp017.

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Jeong, Hoon. "The Personal Liability of Member for Decision making of Representative Administrative Agencies." National Public Law Review 20, no. 1 (February 28, 2024): 135–62. http://dx.doi.org/10.46751/nplak.2024.20.1.135.

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Where needs arise to perform part of duties independently, an administratve agency may establish a representative administrative agency, such as administrative committee, etc., as prescribed by statutes. Such a a representative administrative agency or administrative committee makes decisions in the name of committee. Therefore a member of committee doesn’t accept personal liability for decision making of representative administrative agencies. Nevertheless, there are a lot of cases where a member of committee is at risk of disciplinary punishment, criminal liability, civil liability for

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Pops, Gerald M. "Administrative Law as Public Policy: The First Fifty Years." Journal of Policy History 2, no. 1 (January 1990): 98–117. http://dx.doi.org/10.1017/s0898030600006862.

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Administrative law in the United States during the last half century has been dominated by three major themes: (1) the extent to which legislative authority may be delegated to administrative agencies, (2) judicial review of legislative action, and (3) analysis of the formal aspects of agency procedures. At the core of this traditional approach to administrative law—defining its purpose—is the problem of the legitimacy of public administration. Specifically, the issue, to traditionalists, is how far administrative agencies can go before they impinge on the rights of private citizens.

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Ruslin, Ruslin. "An Existence of State Administration Court in Establishing Good Governance." Aloha International Journal of Multidisciplinary Advancement (AIJMU) 1, no. 1 (January 31, 2019): 1. http://dx.doi.org/10.33846/aijmu10101.

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Administration officials have broad authority in carrying out the affair of government. With this broad authority tends to be misused to cause harm and injustice in the society, therefore there must be other institutions that control it. Based on the theory of Trigs Politico executive agencies are politically controlled by the legislative and juridical institutions controlled by the judiciary, because the officials running the state administration executive functions that control the judiciary is legally the state administrative court. Judicial control of administrative functions of the state

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Savranchuk, L. L. "The essence of administrative discretion in the activities of public administration agencies." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 199–202. http://dx.doi.org/10.24144/2788-6018.2022.01.37.

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The article examines the essence of administrative discretion in the activities of public administration bodies. The author proposes his own definition of administrative discretion as intellectual, creative activity of public authorities, local governments and their officials, established by legislation on self-assessment and decision-making and a certain choice of behavior, which has a legally significant result. The selected properties that are inherent in administrative discretion: 1) are the right of public authorities, local governments and their officials to make decisions, carry o

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de Lucia, Luca. "A Microphysics of European Administrative Law: Administrative Remedies in the EU after Lisbon." European Public Law 20, Issue 2 (June 1, 2014): 277–307. http://dx.doi.org/10.54648/euro2014020.

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This article aims to offer a view of the principal administrative remedies toward the European administration and to illustrate the effect that the Lisbon Treaty has on these. In particular, three types of administrative remedies governed by secondary laws are presented: those relating to internal review, those decided by independent commissions instituted within European agencies and those involving the European Commission against acts of European agencies. Following this the relationship between administrative appeals and the regulation of certain executive acts of the European Union will be

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Ilo, Babajide Olatoye. "Functions, Theories And Practice Of Administrative Law In Contemporary Governance." Administrative and Environmental Law Review 3, no. 1 (June 29, 2022): 49–62. http://dx.doi.org/10.25041/aelr.v3i1.2492.

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The vast development in the socio, economic and political spheres of the contemporary society makes governance more demanding and cumbersome. This necessitates the rational for a system of administration where governmental powers and functions can legally be delegated to individuals and or corporate bodies otherwise known as administrative bodies to carry out the functions and powers of Government in modern society. Governmental powers and functions are traceable to the Constitution which provides the limits of such powers. Administrative agencies saddled with the responsibility of performing

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Khair, Abdul, Sunarjo Edy Siswanto, Sarkawi -, and Muhammad Saleh. "Penyelesaian Sengketa Keputusan Tata Usaha Negara Melalui Upaya Banding Administratif." JATISWARA 31, no. 3 (October 13, 2017): 416–36. http://dx.doi.org/10.29303/jtsw.v31i3.59.

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The purpose of this study was to determine and analyze the dispute resolution process KTUN through appeals of administration according to Law Number 51 Year 2009 regarding the Second Amendment to Law Number 05 Year 1986 concerning State Administrative Court and to know and analyze the strengths and weaknesses in the process dispute resolution through an administrative appeal case in Indonesia. This research is a normative empirical research, the method of approach to legislation, analytical approach. The results of the study are as follows: (1) The process of dispute resolution KTUN through th

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Полянський, А. О. "THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES." Juridical science, no. 3(105) (March 30, 2020): 258–64. http://dx.doi.org/10.32844/2222-5374-2020-105-3.33.

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The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The pur

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Chand, Daniel E. "Protecting Agency Judges in an Age of Politicization: Evaluating Judicial Independence and Decisional Confidence in Administrative Adjudications." American Review of Public Administration 49, no. 4 (February 24, 2019): 395–410. http://dx.doi.org/10.1177/0275074019829608.

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Administrative judges, who serve in state and federal agencies, as opposed to a separate branch of government, are an understudied, and occasionally controversial, type of public administrator. Many who find themselves in administrative courts protest the agency judge’s lack of independence. According to critics, because agency judges are members of—and often evaluated by—the very agency with a vested interest in the case, they are subject to political influence and cannot possibly be an impartial arbitrator. In the United States, various approaches to addressing this concern have been employe

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Nguyen, Son. "Ensuring citizenship in the operations of State administrative agencies in Vietnam." Ministry of Science and Technology, Vietnam 63, no. 4 (April 30, 2021): 23–28. http://dx.doi.org/10.31276/vjst.63(4).23-28.

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The activities of State administrative agencies have the strongest and fastest impact on society. All decisions from the State’s administrative agencies have a direct and immediate impact on social life, however, in the operation of the State’s administrative agencies, there are always potential risks of infringing upon citizenship. In recent years, the implementation of Vietnam still has many problems that have not been studied and resolved, both in terms of mechanism and law to the practical activities of State agencies in general and of the State’s administrative agencies in particular. Thi

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Arana García, Estanislao. "ADMINISTRATIVE APPEALS IN THE EUROPEAN UNION: TOWARDS A COMMON MODEL OF ADMINISTRATIVE JUSTICE." Administrative law and process, no. 2(25) (2019): 87–107. http://dx.doi.org/10.17721/2227-796x.2019.2.06.

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Purpose. The aim of this paper is to analyse the activity of the European agencies as a mechanism of control prior to the judicial review. This procedure is carried out by independent and impartial administrative tribunals. This model supposes to create specialized administrative organs that solve conflicts previous to the judicial procedure. The “agencies model” is mainly used in western countries with legal Anglo-Saxon reminiscences. In this paper we analyze the importance of these agencies and its possibilities for improvement in the near future. Method. To achieve this goal it is necessary

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Krenik, Vale. "“No One Can Serve Two Masters”: A Separation of Powers Solution for Conflicts of Interest Within the Department of Health and Human Services." Texas Wesleyan Law Review 12, no. 2 (March 2006): 585–630. http://dx.doi.org/10.37419/twlr.v12.i2.6.

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This Comment examines the financial conflicts of interests within the DHHS that results in private influence, the consequential impact of the private influence on the agency's constitutionality under the nondelegation and separation of powers doctrines, and offers a solution that better conforms to the principles and structure of the United States Constitution. Part II examines the penetration of conflicts of interests within the DHHS and impact on drug safety and human lives. Part III discusses the separation of powers doctrine and the development of the nondelegation doctrine with respect to

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Paul, Paul. "What the Return of the Administrative Conference of the United States Means for Administrative Law." Michigan Journal of Environmental & Administrative Law, no. 1.1 (2012): 17. http://dx.doi.org/10.36640/mjeal.1.1.what.

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Administrative law, writ large, is about the way agencies behave, and how other institutions and the public react to that behavior. By promulgating rules, adjudicating cases and claims, enforcing statutes, providing guidance, collaborating with interest groups, exercising discretion, and so forth, agencies manage and implement the business of government.1 They do this under the auspices of the Executive Branch, but the other branches assert authority over the agencies as well. Congress does so by legislating, budgeting, and overseeing, while the courts do so by interpreting statutes and requir

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Grisinger, Joanna. "Law in Action: The Attorney General's Committee on Administrative Procedure." Journal of Policy History 20, no. 3 (July 2008): 379–418. http://dx.doi.org/10.1353/jph.0.0020.

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The story of American political development in the twentieth century is in no small part the story of administration. Administrative agencies, bureaus, and departments tasked with handling the work of the federal government had been a feature of governance since the early republic. With the creation of the Interstate Commerce Commission in 1887, however, administrative agencies and independent regulatory commissions began to proliferate across the federal landscape. By the end of the massive expansion of federal power that characterized the New Deal, Americans very much experienced government

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LOWANDE, KENNETH. "Who Polices the Administrative State?" American Political Science Review 112, no. 4 (September 17, 2018): 874–90. http://dx.doi.org/10.1017/s0003055418000497.

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Scholarship on oversight of the bureaucracy typically conceives of legislatures as unitary actors. But most oversight is conducted by individual legislators who contact agencies directly. I acquire the correspondence logs of 16 bureaucratic agencies and re-evaluate the conventional proposition that ideological disagreement drives oversight. I identify the effect of this disagreement by exploiting the transition from George Bush to Barack Obama, which shifted the ideological orientation of agencies through turnover in agency personnel. Contrary to existing research, I find ideological conflict

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Smith, Brian C. "Access to administrative agencies: a problem of administrative law or social structure?" International Review of Administrative Sciences 52, no. 1 (March 1986): 17–25. http://dx.doi.org/10.1177/002085238605200104.

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Jaworski, Bogdan. "Regional and local branch agencies of the central government." Acta Iuridica Resoviensia 38, no. 3 (September 2022): 106–19. http://dx.doi.org/10.15584/actaires.2022.3.7.

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Contemporary public administration is divided according to the adopted criteria. The most clear and legible division indicates the functioning in its structures of the government administration, which undertakes the activities of the state assigned to it. The bodies of this administration function on different levels of organization and have different powers and competences. The study presents the organization of local government administration divided into two basic forms: combined and non-combined. The deliberations were based on the theory of administrative law and practical organizational

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Rahman, Prof Abd. "Performance accountability of public agencies in the act government." Indonesia Prime 2, no. 1 (July 27, 2018): 40–44. http://dx.doi.org/10.29209/id.v2i1.23.

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Performance accountability of public bodies meaning widespread not only limited liability in law but also in the field of non-law. Special accountability law, imaged through the performance creation of the law (legal creating), as well as in the implementation of the law (legal applying) as the embodiment of government action (Bestuurhandeling). In the concept of the law of State administration and administrative law, Government action in question is the Act or acts committed by State administration in carrying out the task of Government.

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Egeberg, Morten, Åse Gornitzka, and Jarle Trondal. "Merit-based recruitment boosts good governance: how do European Union agencies recruit their personnel?" International Review of Administrative Sciences 85, no. 2 (June 21, 2017): 247–63. http://dx.doi.org/10.1177/0020852317691342.

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Studies show that public administrations that practise merit-based recruitment of their personnel are significantly less marked by corruption than administrations that do not recruit in this manner. While we know a lot about how EU member states score with regard to the degree of merit-based recruitment within their administrations, and also how the European Commission administration performs in this respect, recruitment practices within the increasing number of European Union regulatory (decentralized) agencies seem to remain a white spot in the literature so far. In this article, we make a f

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Juarez-Garcia, Mario I., and David Schmidtz. "THE ADMINISTRATIVE STATE." Social Philosophy and Policy 38, no. 1 (2021): 1–5. http://dx.doi.org/10.1017/s0265052521000194.

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AbstractThere has always been a tension, in theory, between the public accountability and the professional efficiency of the agencies of the administrative state. How has that tension been handled? What would it be like for it to be well handled?

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Sopilko, Iryna, and Kseniia Tokarieva. "EPISTEMOLOGICAL DEVELOPMENT OF ADMINISTRATIVE-LEGAL PRINCIPLES IN RESEARCH ON LAW ENFORCEMENT AGENCIES." Journal of International Legal Communication 11, no. 4 (December 30, 2023): 33–43. http://dx.doi.org/10.32612/uw.27201643.2023.11.4.pp.33-43.

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This research delves into the evolving epistemological foundations of administrative-legal principles within the domain of law enforcement agencies. A meticulous analysis of over 200 scholarly works, with a specific focus on more than ten dissertations, has been conducted to illuminate the essence and content of activities undertaken by law enforcement agencies. The study offers a comprehensive un-derstanding of administrative-legal principles, encompassing their functions, forms, methods of opera-tion, and their legal underpinnings as reflected in sectoral legislative acts. The investigation

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Markey, Edward J. "Congress to Administrative Agencies: Creator, Overseer, and Partner." Duke Law Journal 1990, no. 5 (November 1990): 967. http://dx.doi.org/10.2307/1372737.

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Ring, Peter Smith, and Howard Ball. "Federal Administrative Agencies: Essays on Power and Politics." Journal of Policy Analysis and Management 4, no. 3 (1985): 469. http://dx.doi.org/10.2307/3324242.

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Polman, Daniel. "Participation of Implementing Agencies in European Administrative Networks." JCMS: Journal of Common Market Studies 58, no. 4 (January 29, 2020): 818–35. http://dx.doi.org/10.1111/jcms.12990.

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Fallon, Richard H. "Of Legislative Courts, Administrative Agencies, and Article III." Harvard Law Review 101, no. 5 (March 1988): 915. http://dx.doi.org/10.2307/1341424.

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Johnson, Gbemende. "Judicial Deference and Executive Control Over Administrative Agencies." State Politics & Policy Quarterly 14, no. 2 (April 9, 2014): 142–64. http://dx.doi.org/10.1177/1532440013520243.

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Hall, Lavinia. "BENDING THE RULES: NEGOTIATING RULES IN ADMINISTRATIVE AGENCIES." Policy Studies Journal 16, no. 3 (March 1988): 533–41. http://dx.doi.org/10.1111/j.1541-0072.1988.tb01866.x.

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Grishin, Dmitry A., and Alexander S. Dugenets. "Dugenets A.S. Administrative liability: features of legal relations involving correctional agencies." Law Enforcement Review 4, no. 4 (December 28, 2020): 115–23. http://dx.doi.org/10.24147/2542-1514.2020.4(4).115-123.

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The subject of the research is the modern administrative law and administrative procedural doctrine shaping the view of the contents and nature of the legal relationship of administrative liability involving correctional agencies. The purpose of the article is to confirm or disprove the hypothesis about significant features of legal relations of administrative liability arising, developing and terminating in the field of execution of criminal penalties. The methodology includes systematic analysis of legal academic literature, interpretation of Russian legislation on administrative offences. T

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Iglin, Aleksei Vladimirovich. "Administrative mechanisms for resolving individual labour disputes in foreign countries." SHS Web of Conferences 118 (2021): 03011. http://dx.doi.org/10.1051/shsconf/202111803011.

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According to international labor standards, the labor-management system covers all public administration bodies responsible for and/or involved in labor-management, whether they are ministerial departments or government agencies, including semipublic, regional, or local agencies, or any other form of decentralized administration, and any institutional framework for coordinating the activities of such bodies and for consultation and participation of employers and employees and their organization. In this regard, dispute resolution mechanisms through administrative departments and agencies, labo

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Rao, Neomi. "The Hedgehog & the Fox in Administrative Law." Daedalus 150, no. 3 (2021): 220–41. http://dx.doi.org/10.1162/daed_a_01869.

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Abstract This essay examines the constitutional muddle of the administrative state with reference to how agencies operate–it looks at a hedgehog's problem from the fox's perspective. Not only does the structure and delegated authority of administrative agencies often exist in substantial tension with the Constitution, but agencies regularly fail to act in a manner that promotes “constitutional values.” Drawing from my experience as regulatory czar, I explain that regulatory policy is frequently developed with little regard for separation of powers, political accountability, due process, or oth

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Johnson, Ann M. "Legislation induced organizational inefficiency: The case of the federal reserve and the dodd-frank." International Journal of Organization Theory & Behavior 18, no. 4 (March 1, 2015): 434–53. http://dx.doi.org/10.1108/ijotb-18-04-2015-b004.

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In 2010 the Dodd-Frank Law was passed in response to the 2008 recession. However, questions arose regarding the federal agenciesʼ ability to regulate the economy in general and the utility of financial regulations in particular. This work examines and discusses the challenges associated with the uncertainty of the administrative environment in which agencies have been drafting regulations in response to Dodd-Frank. A lack of administrative clarity as a result of Congressional politics led to regulatory capture and operational paralysis on the part of federal agencies tasked with implementing t

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Fobih, Nick. "Administrative and Ethical Issues in Ghana’s Public Administration." Advances in Social Sciences Research Journal 8, no. 10 (November 10, 2021): 573–94. http://dx.doi.org/10.14738/assrj.810.11105.

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This study examines some of the major administrative and ethical challenges facing Ghana’s public administration, with regard to the issues associated with the country’s governance processes and public sector service delivery. The methodology used is based on the qualitative approach with combined sources from primary and secondary data and the case study method. The findings in the study show that whereas Ghana’s democracy has made significant inroads over the years since the 1992 democratic transition, a number of administrative and ethical issues hinder the country’s public administration p

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Bakurova, N. N. "Features of management decisions in enforcement agencies." Courier of Kutafin Moscow State Law University (MSAL)), no. 5 (July 15, 2024): 54–63. http://dx.doi.org/10.17803/2311-5998.2024.117.5.054-063.

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The article examines the features of managerial decision-making in such public authorities as enforcement agencies. The author considers management decisions in enforcement agencies from the point of view of the phonomena of their legal status, in particular, as a tool for ensuring the enforcement of an authoritative decision of a judge, judicial authority, other public authority, official in relation to a single legal entity: a citizen, an organization, a public authority. This proves the importance of the role of management decisions in ensuring human and civil rights as the highest value, a

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Candeub, D. A. "Tyranny and administrative law." Revista de Direito Administrativo 277, no. 1 (May 11, 2018): 15. http://dx.doi.org/10.12660/rda.v277.2018.74801.

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<p>Tirania e o direito administrativo</p><p> </p><p><em>The Federalist Papers </em>define “tyranny” as “[t]he accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many.” This definition would seem to include the modern administrative agency, which exercises all three powers. To avoid tyrannical agencies and their illegitimate exercise of power, judges and academics look to administrative law. Its procedures and requirements, such as public comment, judicial review, agency reason-giving and deli

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Steblianko, A. V. "Administrative and Legal Status of Law Enforcement Agencies as Subjects of Interaction with Financial Institutions in the Sphere of Combating the Legalization of Criminal Proceeds." Law and Safety 75, no. 4 (December 20, 2019): 59–64. http://dx.doi.org/10.32631/pb.2019.4.08.

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The author has studied administrative and legal status of law enforcement agencies, which are the subjects of interaction with financial institutions in the field of combating the legalization of criminal proceeds. The contents of such categories as status, legal status, administrative and legal status have been clarified. Based on the analysis of the scientific literature, the author has determined that the rights and responsibilities are integral structural elements of the administrative and legal status. It has been noted that two main approaches to determining the structural elements of th

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Kharaberiush, Ivan. "Special equipment in administrative activities of law enforcement bodies." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 10, no. 19 (2020): 42–51. http://dx.doi.org/10.34079/2226-3047-2020-10-19-42-51.

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The article considers special equipment used in the administrative activities of law enforcement agencies, which is defined as organizational equipment. It is emphasized that the scientific and technical means, which we generally define as organizational equipment, play a significant role in the process of democratic formation of the state and effective administrative activity of law enforcement agencies. Factors emphasizing the need to use organizational equipment in the administrative activities of law enforcement agencies are presented. Organizational technology is seen as a means of law en

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Hutler, Brian, and Anne Barnhill. "SNAP EXCLUSIONS AND THE ROLE OF CITIZEN PARTICIPATION IN POLICY-MAKING." Social Philosophy and Policy 38, no. 1 (2021): 266–88. http://dx.doi.org/10.1017/s0265052521000315.

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AbstractThis essay uses a specific example—proposals to exclude sugary drinks from the Supplemental Nutrition Assistance Program (SNAP)—to explore some features of the contemporary U.S. administrative state. Dating back to the Wilsonian origins of the U.S. administrative state there has been uncertainty about whether we can and should separate politics and administration. On the traditional view, the agencies are to be kept separate from politics—technocratic and value-neutral—although they are indirectly accountable to the president and Congress. The SNAP exclusions example shows, however, th

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Bernstein, David E. "“ADMINISTRATIVE CONSTITUTIONALISM”: CONSIDERING THE ROLE OF AGENCY DECISION-MAKING IN AMERICAN CONSTITUTIONAL DEVELOPMENT." Social Philosophy and Policy 38, no. 1 (2021): 109–29. http://dx.doi.org/10.1017/s0265052521000248.

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AbstractThe last decade or so has seen an explosion of scholarship by American law professors on what has become known as administrative constitutionalism. Administrative constitutionalism is a catchphrase for the role of administrative agencies in influencing, creating, and establishing constitutional rules and norms, and governing based on those rules and norms. Though courts traditionally get far more attention in the scholarly literature and the popular imagination, administrative constitutionalism scholars show that administrative agencies have been extremely important participants in Ame

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Norra, Azza Azka. "CONFLICTING NORMS BETWEEN TACIT REFUSAL AND TACIT AUTHORIZATION AND ITS CONTEXTUALIZATION IN THE LIGHT OF GOVERNMENT ADMINISTRATION LAW." Jurnal Hukum Peratun 3, no. 2 (March 23, 2021): 141–54. http://dx.doi.org/10.25216/peratun.322020.141-154.

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The silence of the Government Administration has two possibilities, Tacit Refusal and Tacit Authorization. Tacit Refusal means that if the government agencies/bodies ignored requests from citizens then it is considered to have rejected the request. Tacit Authorization means if the government agencies/bodies ignored requests from citizens then it is considered to have granted the request. In Indonesia, both the Tacit Refusal and Tacit Authorization have their own places in the laws and regulations. The Law No. 5 of 1986 concerning Administrative Judiciary, rules the Tacit Refusal, meanwhile Law

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Bajakić, Ivana, and Veseljka Kos. "What Can We Learn About Regulatory Agencies and Regulated Parties from the Empirical Study of Judicial Review of Regulatory Agencies’ Decisions? The Case of Croatia." Central European Journal of Public Policy 10, no. 1 (May 1, 2016): 22–34. http://dx.doi.org/10.1515/cejpp-2016-0021.

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Abstract The purpose of this paper is to examine regulatory agencies and regulated parties in an empirical study of administrative disputes initiated against the decisions of regulatory agencies in Croatia. We first aim to provide an overview of the status and trend estimates regarding these disputes; second, to answer the question how well does the system work from the perspectives of both the plaintiffs and the regulatory agencies; third, to identify the problem areas and to compare these with problem areas identified by the authors studying the broader area of administrative judiciary in Cr

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Shin, Kwan Woo. "Review of information disclosure disposition by police agencies: Focusing on the analysis of the 2023 ruling by the Central Administrative Appeals Commission." Korean Association of Public Safety and Criminal Justice 33, no. 1 (March 30, 2024): 131–70. http://dx.doi.org/10.21181/kjpc.2024.33.1.131.

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In this study, examine information disclosure and the administrative judgment system, which are means of police control, and examine the current status of the Central Administrative Appeals Commission's citation decision that clearly recognized the illegality and unfairness of the disposition of information disclosure by police agencies in 2023. In addition, it was intended to provide suggestions for reasonable disposition of information disclosure by police agencies. When a citizen exercises the right to request information disclosure from a police agency, the police agency decides whether or

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Robbins, Donijo. "Administrative Discretion: Its Use in Budgetary Analysis." Public Administration Quarterly 29, no. 2 (June 2005): 187–201. http://dx.doi.org/10.1177/073491490502900204.

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The foundation of this research applies the following definition of discretion: the use of individual judgment to make decisions. The literature surrounding budgetary analysis within the public budgetary process, particularly the first two stages, does not explicitly discuss discretion. Therefore, using the definition above coupled with the limited research surrounding discretion, we demonstrate how agencies, budget offices, executives, and legislative bodies use discretion when analyzing the budget. Overall, agencies and departments maintain discretion when they are assertive, politically ast

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KRAUSE, GEORGE A., and J. KEVIN CORDER. "Explaining Bureaucratic Optimism: Theory and Evidence from U.S. Executive Agency Macroeconomic Forecasts." American Political Science Review 101, no. 1 (February 2007): 129–42. http://dx.doi.org/10.1017/s0003055407070074.

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We offer a theory of intertemporal bureaucratic decision making which proposes that an agency's forecast optimism is related to the extent to which it discounts future reputation costs associated with bureaucratic incompetence. Agency forecasts of the distant future are more likely to be optimistic than short-term forecasts. We claim that unstable organizations will discount reputation costs at a steeper rate than stable organizations, and therefore will produce more optimistic forecasts. We test our theory using macroeconomic forecasts produced by the Office of Management and Budget (OMB) and

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