6. The administrative justice system

2021 ◽  
pp. 160-196
Author(s):  
Martin Partington

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Once again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the Transformation Programme and the response to the COVID-19 pandemic. It also considers the particular responsibilities of Members of Parliament in holding the Government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.

Author(s):  
Martin Partington

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the current transformation programme. It also considers the particular responsibilities of Members of Parliament in holding government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.


Author(s):  
Martin Partington

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society. It then discusses the bodies and processes that make up the institutional framework of administrative justice. It also considers the responsibilities of Parliament in holding government to account. In addition, it asks who has general oversight of the system.


Author(s):  
Martin Partington

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society. It discusses the courts, tribunals, ombudsmen, and other bodies and processes that make up the institutional framework of administrative justice. It also considers the responsibilities of Parliament in holding government to account. In addition, it asks who has general oversight of the system.


Author(s):  
Mark Elliott ◽  
Jason Varuhas

This chapter examines the role of the ombudsmen in the administrative justice system. It first traces the origins of the ‘public sector ombudsmen’, including the Parliamentary Ombudsman, in the UK. It then considers the need for and the functions of the ombudsmen, along with the place of the ombudsmen in a changing administrative landscape. It also discusses bodies and matters subject to investigation by the Ombudsman based on the Parliamentary Commissioner Act 1967, including ‘maladministration’, and the Ombudsman's discretion to investigate. Finally, the chapter reviews the conduct and consequences of the Ombudsman's investigations, paying attention to judicial review of the ombudsmen's conclusions, and institutional matters pertaining to the ombudsman system.


ICL Journal ◽  
2016 ◽  
Vol 10 (1) ◽  
Author(s):  
Laith K. Nasrawin

AbstractThis article sheds light on the relationship between politicians and the voting public to establish the grounds on which the electorate build their legitimate expectations that both members of the legislative authorities and government ministers should act in the public interest in order to fulfill their fiduciary duty.Both members of parliaments and ministers in government are expected to promote the interests of their constituents in parliaments and to serve the political interests of their parties when joining the government. They should comply with the principles of ‘Public Duty’ and ‘Duty as a Representative’, that is, they should act on behalf of their electorate and also in accordance with the public trust placed in them. This underlying duty could be elevated to a ‘fiduciary duty’ on elected members and ministers to act in the interests of their constituents, the beneficiaries, as an underscore of all models of representation, and as an emphasis of the ethical decision-making, which includes impartiality, accountability and integrity.


Author(s):  
E.A BOBROVSKIY ◽  

The development of physical culture and sports has a direct impact on the quality of life of the population. How active the country's residents are determines their physical and mental health, and increases their performance. In the context of the development of modern society, the only effective way to develop and promote sports is to introduce innovations and information technologies. So far, the discoveries of science and technology allow us to use only these tools. Perhaps this is not the only way to help a person improve their body and physical abilities, but it is still the most affordable, safe and legal. Many experts believe that athletes are at the limit of people's capabilities, each new record is given with difficulty. However, the implemented systems help to find new potentials and ways of training. Therefore, you can't do without them in modern sports. But when buying technology, there is a significant problem. A large amount of investment is needed to put one serious sports complex into operation. Any budgetary sports institution can implement it only at the expense of state financial assistance. The government understands the scale of the problem and the relationship between the number of citizens involved in sports and the development of the material and technical sports base. Therefore, state projects are being developed that sponsor planned activities to address the main issues of concern. According to the documents, most of the investments are based only on state funds without attracting private commercial investors.


2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Hillel Schmid

Abstract The paper analyzes the relations between the government and Civil Society Organizations (CSOs) during the COVID-19 pandemic in Israel. The paper presents the inconsistent policy of the government, which has been influenced by various interest groups and the very limited financial support allocated to CSOs during the health, economic and social crisis. The paper describes the government’s alienated attitude toward the CSOs as well as the reasons for that behavior. Special attention is devoted to the government’s misunderstanding of the mission and roles of CSOs in modern society, especially at times of crisis and national disasters. The paper also analyzes the organizational and strategic behavior of CSOs toward the government, which has also contributed to the alienated attitude of the government toward them. I argue that relations between CSOs and the government should be based on more trust, mutuality, and understanding on the part of both actors in order to change power-dependence relations, and that there is a need to establish more cross-sectoral partnerships for the benefit of citizens.


2021 ◽  
Vol 10 (1) ◽  
pp. 1-25
Author(s):  
Ricardo Perlingeiro

Abstract This essay includes a comparative analysis of the traditions of administrative law in Latin American and their impact on the contemporary scene and trends in the general orientations of its administrative justice systems. This analysis is limited to Latin American countries of Iberian origin under the jurisdiction of the Inter-American Court of Human Rights (“I/A Court H.R”). The method followed by the author is to point out the roles attributable to the administrative authorities and to attempt to identify a distinction in Latin America between the “administrative function of implementation”, “control of the legality of administrative decisions” (unrelated to any adjudicative function) and the “protection of rights” (by means of an adjudicative function) while examining their historical genesis and possible future trends. From that perspective, the text discusses certain administrative powers, such as disciplinary or other regulatory powers, and their forms of concrete application; the prerogatives and instruments of the authorities and of their decision-making employees in the exercise of the functions of implementation; the control of administrative decisions by those authorities themselves and by external bodies; and judicial and extrajudicial protection of rights against administrative decisions. The author concludes that Latin American administrative law, despite the fact that its civil-law substantive roots have always coexisted with judicial review typical of common law, is currently tending, on the one hand, to approximate the U.S. model of administrative adjudication and, on the other, to adapt to I/A Court H.R case law with respect to the administrative function of implementation in harmony with the fundamental right to good administration which, combined with a critical re-examination of diffuse control of the legality of administrative rules in court, would safeguard the true role of adjudicating bodies (administrative authorities or courts) in their function of protecting individual rights for the sake of more fair and equitable administrative justice.


Author(s):  
Yosica Mariana

Generally, activities conducted by people generate waste. The waste which increasingly rises causing a big problem. Therefore, the role of community in waste management will strongly support the process of solving the waste problem in the community. The purpose of this study was to determine the relationship of engagement and active participation of citizens, as reflected in the attitude of citizens in the activities related to the response to the waste problem in the community. A descriptive method was used in this study to describe the involvement and participation in the prevention of waste. The result showed that the paradigm of PSBM (community-based waste management) appeared sporadically and has not yet received the maximum support from regional governments. A paradigm which is “people pay, the government manages“, has grown within the community for years. It would hardly change people’s behaviour patterns in solving the waste problem in the community since changing the city into a city that is clean, comfortable and healthy involved many parties, including the community.


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