Implementing Human Rights through Administrative Law Reforms: The Potential in China and Vietnam. By Karin Buhmann. [Copenhagen: Djof Publishing, 2001. 603 pp. €59.00. ISBN 87-574-0756-8.]

2002 ◽  
Vol 172 ◽  
pp. 1065-1103
Author(s):  
John Gillespie
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Public Administration ◽  
Good Governance ◽  
East Asian ◽  
Administrative Law ◽  
Discretionary Power ◽  
Governance Reforms

In her interesting and useful book, Karin Buhmann evaluates the potential for civil rights and ‘good-governance’ reforms to improve public administration and human rights in China and Vietnam. She argues that ‘good governance’ reforms promoting transparency and accountable discretionary power, more effectively enhance human rights observance than civil rights dialogues. The book examines the pre-modern indigenous roots of administrative rule in China and Vietnam, searches for comparative East Asian human rights and then evaluates complementalities between Western ‘good governance’ and East Asian public administration.

scholarly journals Relations on Ensuring the Rights and Freedoms of a Man and Citizen as a Component of the Subject Matter of Administrative Law

2020 ◽  
Vol 90 (3) ◽  
pp. 144-153
Author(s):  
А. Т. Комзюк ◽  
Є. А. Липій
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Public Administration ◽  
Subject Matter ◽  
Legal Theory ◽  
Administrative Law ◽  
International Treaties ◽  
Constitutional Principle ◽  
The Subject ◽  
Administrative Regulation

The relations arising in the activity of public administration concerning the provision of human rights and freedoms, which are recognized as a priority component of the subject matter of administrative regulation, are characterized.  It is emphasized that one of the main, conceptual, most important and at the same time the most controversial issues is still the understanding of the subject matter and system of administrative law. The tasks concerning the assertion of the rights and freedoms of citizens, in particular the completeness of the settlement of their guarantees, are analyzed.  It is established that it can be carried out in different ways and means: by utterances in declarations, statements, enshrined in the Constitution and laws; participation in the preparation and adoption of international human rights instruments, accession to relevant international treaties, etc. Regarding administrative regulation, it is an issue of consolidating human and civil rights and freedoms in the sources of administrative law and recognizing their priority. The essence of the concept of "provision" and its elements are defined, which means the recognition and settlement with due fullness of these rights and freedoms, providing a real opportunity to use them, promoting implementation (positive guarantee), protection and defense from violations, renewal if allowed and responsibility of the state for them. It is emphasized that the protection and defense of the rights of citizens in modern administrative and legal theory are rarely considered as part of the constitutional principle of their approval and provision. Moreover, the emphasis in many works is exclusively made on the so-called "service" activities of public administration, which provide the most positive promotion of the rights and freedoms of citizens. However, it is no less important to maintain proper public order and security, to counteract to various illegal manifestations that infringe on these rights and freedoms, causing some damage, sometimes quite significant. The conclusion is made about the expediency of taking into account the relations concerning the provision of human rights and freedoms and its elements, in particular protection and defense in the construction of the system of administrative law.

The Common Core of European Administrative Laws and the Pan-European General Principles of Good Administration

2021 ◽  
pp. 21-34
Author(s):  
Ulrich Stelkens
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Common Core ◽  
Methodological Approach ◽  
Administrative Law ◽  
European Convention ◽  
Council Of Europe ◽  
Institute Of Public Administration ◽  
German Research ◽  
The Common

This chapter examines a research project carried out at the German Research Institute of Public Administration and the German University of Administrative Sciences Speyer. This 'Speyer project' studies the development, content, and effectiveness of the written and unwritten standards of good administration drawn up within the framework of the Council of Europe (CoE), i.e. on the basis of its Statute (SCoE) and the European Convention on Human Rights (ECHR), which is a sort of 'second pillar' of the CoE. These CoE standards are called 'pan-European principles of good administration'. This 'Speyer project' can be understood as a counterpart to the project carried out by Giacinto della Cananea and Mauro Bussani on the Common Core of European Administrative Law (CoCEAL) as it has a similar objective: to ascertain whether, despite many differences between European systems of administrative law, there are some connecting elements, or a 'common core', and, if so, whether such 'connecting elements' can be formulated in legal terms rather than as generic idealities. However, the methodological approach of the 'Speyer project' clearly differs from the 'factual approach' adopted in CoCEAL.

5. Impartiality and independence

2018 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Civil Rights ◽  
Public Administration ◽  
Due Process ◽  
European Convention ◽  
The Difference ◽  
Compound Decision ◽  
Judicial Bias

This chapter examines impartiality and independence in public administration. The topics that are discussed include judicial bias, administrative bias, waiver, determining civil rights, compound decision making, and the value of independence, with an explanation of the requirement of an independent tribunal in Art 6 of the European Convention on Human Rights. The chapter also explains the difference between bias (which is unlawful), and a lack of impartiality (which may be lawful), and explains when bias will be presumed. Bias is presented as both a lack of due process, and also as a flaw in the substance of a decision maker’s reasoning.

Law and public administration: convergence and symbiosis

2005 ◽  
Vol 71 (2) ◽  
pp. 279-294 ◽  
Author(s):  
Carol Harlow
Keyword(s):  
European Union ◽  
Public Administration ◽  
Similar Pattern ◽  
Good Governance ◽  
Administrative Law ◽  
Soft Law ◽  
The European Union ◽  
Public Administrators

In the light of historical tensions, this article considers some classical administrative law responses to changing techniques of public administration. Rejecting the customary reproach that law is unresponsive to the needs of public administrators, the article nonetheless identifies a widespread conviction that control and accountability are the primary objectives of administrative law. The response of administrators overwhelmed by procedural requirements is to fall back on ‘soft law’ techniques. The article notes the growing use of ‘soft law’ and recourse to ‘soft’ techniques of governance in the European Union, together with a possible convergence of legal and administrative values, as standards of ‘good governance’ and ‘principles of good administration’ acceptable to both sides are promulgated and enforced by courts. As ‘good governance’ standards are disseminated by international and transnational institutions, the article predicts a similar pattern of tension and evasion, as procedurally oriented administrative law systems enforced by transnational adjudicative organs develop to occupy the global administrative space.

Reforms of Administrative Law in the PRC and Vietnam: The Possible Role of the Legal Tradition

2003 ◽  
Vol 72 (2) ◽  
pp. 253-290
Author(s):  
Karin Buhmann
Keyword(s):  
Human Rights ◽  
20Th Century ◽  
Good Governance ◽  
Administrative Law ◽  
Modern China ◽  
Executive Power ◽  
Reform Process ◽  
Legal Tradition ◽  
Late 20Th Century ◽  
Modern System

AbstractThe article takes its point of departure in administrative law and good governance as possible avenues for increased implementation of rights, including human rights. The author discusses the role that pre-modern East Asian ideas on governance and pre-modern administrative law and institutions for monitoring the executive's use of power may play for the substance and focus of the reforms of administrative law that have been undertaken in the late 20th century in the People's Republic of China (PRC) and in Vietnam. The article discusses the possible influence of ideas and institutions inspired by Confucianism and the School of Legalism, including such features as a meritocratic civil service, institutions for monitoring the executive and for dealing with complaints, instrumental use of law, and use of rewards, punishments and instruction to achieve the aims of the law. The author compares the prevalence of the features of pre-modern China and Vietnam with elements in legislation and institutions implemented under the late 20th century reform processes in the PRC and Vietnam. The article concludes that the legacy of the pre-modern system of administrative law and governance and related institutions appears to play a role in the modern reform process that is more than accidental, and that this legacy results in a relatively strong emphasis on a principle of legality in the legislation implemented under the reforms and in a relatively weaker emphasis on the principle of equality. The article suggests that features of the premodern legacy, especially the emphasis on exercise of executive power in accordance with law, may be explored as providing potential for contributing to an increased quality of public administration and an increased implementation of rule of law and specific rights, including human rights and rights of relevance to trade and investment. It is also suggested that these features of the pre-modern system may be explored by the development community and international organizations as potential for creating ownership and sustainability of governance and law reforms that are of interest to external partners of the PRC and Vietnam.

scholarly journals Standards of the European Court of Human Rights in the area of administrative law with special reference to the Republic of Macedonia

2018 ◽  
Vol 55 (4) ◽  
pp. 815-833
Author(s):  
Vesna Stefanovska ◽  
Blerton Sinani
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Case Law ◽  
Administrative Law ◽  
International Standards ◽  
European Convention ◽  
Republic Of Macedonia ◽  
European Court ◽  
Criminal Charges ◽  
The Republic

In many occasions, the European Court of Human Rights has reiterated that the ECHR is a ‘living instrument’. The rights enshrined in the Convention have to be interpreted in the light of present day conditions so as to be practical and effective. Therefore, the Court has on several occasions modified its views on certain subjects because of scientific developments. Although in the scope of Article 6(1) of European Convention on Human Rights are civil rights and obligations and criminal charges, the application to administrative disputes has arised from the Court’s case-law. This paper will try to analyze the framework of administrative disputes in the Republic of Macedonia, mainly the Law on Administrative Disputes and its consolidation with the international standards, specifically with the ECHR. Further, subject of elaboration will be the Macedonian dossier in Strasbourg and the judgments in which the ECtHR found violation of Article 6 of ECHR in relation to administrative disputes and procedures.

scholarly journals THE CONCEPT, ESSENCE AND CONTENT OF ADMINISTRATIVE MISTAKE IN THE ACTIVITIES OF PUBLIC AUTHORITIES

2020 ◽  
Keyword(s):  
Civil Rights ◽  
Public Administration ◽  
Good Governance ◽  
Public Organizations ◽  
Civil Servants ◽  
Legal Rights ◽  
Public Authorities ◽  
Scientific Methods ◽  
Legitimate Interests ◽  
Legal Entities

Introduction. Public authorities, officials, civil servants in carrying out administrative activities, in some cases may violate the principle of legality of public administration, carry out erroneous administrative actions, adopt unreasonable and illegal administrative acts. These negative results of executive and administrative activities of officials violate the rights and freedoms of man and citizen, the legitimate interests of public organizations and legal entities. Such phenomena are called "administrative error". The purpose of the article is to develop theoretical and legal bases of administrative error in the activities of public authorities. Research methods. During the analysis of the essence and content of the administrative error, general scientific methods were used, which are based on the method of dialectics, and especially scientific methods of legal knowledge (formal-logical, system-structural). Summary of the main results. The article is devoted to the analysis and research of the concept of administrative error in various legal spheres. The question of studying the causes and consequences of such errors is relevant today, as Ukraine is still reforming the administrative system and changes in the system of public authorities and public administration. These processes, under the influence of administrative reform, have shown not only declarative intentions to transform these relations towards democratic ones, but also a real desire to change the system of public administration to European standards. Therefore, the process of development of public administration was one of the defining components of the overall vector to a democratic, social and legal state. During the exercise of powers by public authorities, officials and civil servants, the action or inaction of governmental subjects of administrative law may be allowed, which leads to violation of human and civil rights and freedoms, legitimate interests of public organizations and legal entities. The consequences of their actions, which lead to administrative errors, are particularly severe, as they violate key principles of public administration, legal rights and individual freedoms, and diminish the authority of public authorities. An imperfect system of mechanisms for the occurrence, detection and prevention of administrative errors is a significant barrier to ensuring a modern system of good governance. Because administrative errors of public authorities are a serious political and socio-legal problem of assumptions, which demonstrate the legal insecurity of man and citizen. Conclusions. Creating an effective mechanism for detecting, preventing and correcting administrative errors could be crucial to reforming the system of public administration in line with modern European values.

Can Sex Workers Claim Human Rights In India?

2014 ◽  
Vol 1 (1) ◽  
pp. 44-59
Author(s):  
Pallavi Gupta
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Sex Workers ◽  
Good Governance ◽  
Well Being ◽  
Equal Treatment ◽  
Human Being ◽  
Sex Trade ◽  
Responsibility Of Government ◽  
Effective Policy

Human Rights by its origin and nature only advocate the welfare and well-being of all persons with equal treatment everywhere, it never discriminate towards any individual, class or group of people in any society. But Indian Governments at all level have failed to protect, the human rights even civil rights of sex workers. It covers problems of the sex workers and their children or child sex workers entered in sex trade by force & fraud but rescued from sex trade and advocates only claim of sex workers to live with dignity as they are also human being and have human rights. It shall focus on responsibility of government to make effective policy and for its good governance to provide justice to the sex workers and their children under the mandate of judicial directions. But this paper does not advocate demand of sex workers to encourage sex trade by any way.

Can Sex Workers Claim Human Rights in India?

2015 ◽  
pp. 1811-1827
Author(s):  
Pallavi Gupta
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Sex Workers ◽  
Good Governance ◽  
Well Being ◽  
Equal Treatment ◽  
Human Being ◽  
Sex Trade ◽  
Responsibility Of Government ◽  
Effective Policy

Human Rights by its origin and nature only advocate the welfare and well-being of all persons with equal treatment everywhere, it never discriminate towards any individual, class or group of people in any society. But Indian Governments at all level have failed to protect, the human rights even civil rights of sex workers. It covers problems of the sex workers and their children or child sex workers entered in sex trade by force & fraud but rescued from sex trade and advocates only claim of sex workers to live with dignity as they are also human being and have human rights. It shall focus on responsibility of government to make effective policy and for its good governance to provide justice to the sex workers and their children under the mandate of judicial directions. But this paper does not advocate demand of sex workers to encourage sex trade by any way.

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