scholarly journals Records, Reasons and Rationality in Judicial Control of Administrative Power: England, the US and Australia

2015 ◽  
Vol 48 (3) ◽  
pp. 309-328
Author(s):  
Peter Cane

This article analyses, from historical and comparative perspectives, three closely related concepts of administrative law – namely records, reasons and rationality. It finds that the concept of the ‘administrative record’ is far more significant in United States administrative law than in either English or Australian administrative law, and suggests why this might be so. The importance of the record in US law explains why it imposes stronger obligations on administrators to give reasons than does either English or Australian law. It also explains why terms such as ‘rationality’ and ‘reasonableness’ have significantly different meanings in US administrative law on the one hand, and English and Australian law on the other.

2019 ◽  
pp. 129-150
Author(s):  
Mitchell A. Orenstein

Core Europe and North America have often imagined themselves to be invulnerable to the Russian influence campaigns that have affected smaller, weaker countries in the lands in between. However, in recent years, that perception has broken down as Russia regularly hacks democratic elections in the West, sponsors extremists, spreads disinformation, and may have tipped the US 2016 presidential election to Donald Trump. The West now exhibits a similar politics to what we observe in the lands in between—with growing political extremism and polarization on the one hand and the rise of cynical power brokers on the other who seek to profit from both sides of an intensifying divide. Increasingly, democratic elections seem to pose a “civilizational choice” between the forces of liberal democracy and authoritarian nationalism on the Russian model.


1986 ◽  
Vol 28 (2) ◽  
pp. 119-146 ◽  
Author(s):  
Jonathan Lemco

Canadian Prime Minister Brian Mulroney is faced with a number of difficult choices concerning Canada's foreign policy in Central America. These choices are particularly problematic because their repercussions may have an important impact on Canada- US relations. On the one hand, the Prime Minister must heed public opinion in Canada which favors increased government concern about human rights and economic development in Central America. On the other hand, he must consider American security interests and not irritate or embarrass the United States and President Reagan in particular.Canada's middle power status puts it in a difficult quandary, for it seeks to retain an independent role in Central America, while it finds its influence circumscribed by its proximity to the US superpower. Its ability to wield tangible authority is thus severely attenuated. Canada's asymmetrical relationship with the United States allows it a certain degree of latitude in formulating foreign policy but imposes important constraints as well.


1990 ◽  
Vol 46 (1) ◽  
pp. 17-46
Author(s):  
M.J. Vinod

A comparative study of India's relations with the two Super Powers, the US and the USSR provides a very complex and interesting model in the relations between nations. On the one hand it would appear rather paradoxical that two large and genuine democracies of the world, India and the United States should have but an ordinary relationship devoid of any deep and enduring rapport. At the people-to-people level there exists one might say, an abundance of goodwill and warmth for one another; yet at the state-to-state level there appears to be a lack of understanding and support for each other's position in vital spheres of activity. On the other hand, inspite of their ideological differences, relations between India and the Soviet Union have turned out to be friendly and enduring. The paradox deserves a closer study.


Author(s):  
Jonathan Holslag

The chapter argues that India has a strong interest to balance China and that the two Asian giants will not be able grow together without conflict. However, India will not be able to balance China’s rise. The chapter argues that India remains stuck between nonalignment and nonperformance. On the one hand, it resists the prospect of a new coalition that balances China from the maritime fringes of Eurasia, especially if that coalition is led by the United States. On the other hand, it has failed to strengthen its own capabilities. Its military power lags behind China’s, its efforts to reach out to both East and Central Asia have ended in disappointment, and its economic reforms have gone nowhere. As a result of that economic underachievement, India finds itself also torn between emotional nationalism and paralyzing political fragmentation, which, in turn, will further complicate its role as a regional power.


2011 ◽  
Vol 24 (2) ◽  
pp. 281-310 ◽  
Author(s):  
Emmanuel Didier

ArgumentWhen the New Deal administration attained power in the United States, it was confronted with two different problems that could be linked to one another. On the one hand, there was a huge problem of unemployment, affecting everybody including the white-collar workers. And, on the other hand, the administration suffered from a very serious lack of data to illuminate its politics. One idea that came out of this situation was to use the abundant unemployed white-collar workers as enumerators of statistical studies. This paper describes this experiment, shows how it paradoxically affected the professionalization of statistics, and explains why it did not affect expert democracy despite its Deweysian participationist aspect.


2006 ◽  
Vol 27 (1) ◽  
pp. 51-59
Author(s):  
Riva Kastoryano ◽  
Alejandro Portes

Pascal Delisle (American Center in Sciences Po Director): Professor Kastoryano and Professor Portes, your respective studies invite to a comparison between the situations of the United States on the one hand, and of Europe on the other.


2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."


2011 ◽  
Vol 77 (7) ◽  
pp. 2502-2507 ◽  
Author(s):  
Mete Yilmaz ◽  
Edward J. Phlips

ABSTRACTAphanizomenon ovalisporumis the only confirmed cylindrospermopsin producer identified in the United States to date. On the other hand,Cylindrospermopsis raciborskiiis a prominent feature of many lakes in Florida and other regions of the United States. To see the variation in cylindrospermopsincyrBgene adenylation domain sequences and possibly discover new cylindrospermopsin producers, we collected water samples for a 3-year period from 17 different systems in Florida. Positive amplicons were cloned and sequenced, revealing that approximately 92% of sequences wereA. ovalisporum-like (>99% identity). Interestingly, 6% of sequences were very similar (>99% identity) tocyrBsequences ofC. raciborskiifrom Australia and ofAphanizomenonsp. from Germany. Neutrality tests suggest thatA. ovalisporum-likecyrBadenylation domain sequences are under purifying selection, with abundant low-frequency polymorphisms within the population. On the other hand, when compared between species by codon-based methods, amino acids of CyrB also seem to be under purifying selection, in accordance with the one proposed amino acid thought to be activated by the CyrB adenylation domain.


PEDIATRICS ◽  
1996 ◽  
Vol 97 (6) ◽  
pp. 906-907 ◽  
Author(s):  
Bruce S. Strimling

Although no numerical data are available, the most common techniques for performing newborn circumcision in the United States involve the use of the Plastibell, the Gomco clamp, and the Mogen clamp, likely in that order. The Mogen clamp (see Fig 1 and 2) is the least familiar to most pediatricians. It has a number of advantages when compared with the other techniques: 1. the one size of the Mogen fits all; 2. it is the most rapid; 3. the Mogen instrument allows full visualization of exactly how much prepuce to remove. In Mogen circumcision however, the glans is not visualized before removal of the prepuce.


2021 ◽  
Vol 73 (3) ◽  
pp. 270-288
Author(s):  
César Domínguez

Abstract This article discusses why it is necessary to rebuild comparative literature in terms of a geopolitics of comparison. “Geopolitics” is understood here, following Gearóid Ó Tuathail, to mean a distinctive genre of geo-power which brought about the systemic closure of the surface of the globe. Comparative literature has been part and parcel of this process by extending a Eurocentric concept of “(national) literature” worldwide. A rebuilt comparative literature has, on the one hand, to bring to light significant evidence of the discipline’s history within the historical and geographical context of power relations and, on the other hand, confront the coloniality of knowledge on three levels—locutionary, illocutionary, and perlocutionary. Here only the locutionary level is addressed by examining two journals—Comparative Literature and 1616: Anuario de la Sociedad Española de Literatura General y Comparada / Anuario de Literatura Comparada—from a bibliometric-analysis perspective.


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