Substantive Review

2021 ◽  
pp. 104-144
Author(s):  
Paul Daly
Keyword(s):  
Administrative Law ◽  
Level Of Detail ◽  
The Other ◽  
Level Of Abstraction ◽  
Individual Self ◽  
Contemporary Approach

This chapter addresses three particular areas of substantive review: jurisdictional issues (including review for error of law); irrationality and the doctrines of relevant considerations and proper purposes. First, the chapter argues that administrative law values are useful in distinguishing jurisdictional from non-jurisdictional issues and in understanding debates about ‘deference’. Second, it argues that administrative law values are useful in understanding rationality review—in particular, in calibrating the range of reasonable responses, a key concept in the contemporary approach to irrationality. Third, the chapter argues that the structure of relevancy and propriety can be understood as being influenced by administrative law values. Given that in these areas there are significant divergences—certainly at the level of detail—between Commonwealth jurisdictions, the analysis in this chapter will be conducted at a higher level of abstraction than the analysis in the other chapters. Nonetheless, individual self-realisation, good administration, electoral legitimacy and decisional autonomy can be understood to influence the contemporary law of substantive review.

Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
The Other ◽  
Political Regime ◽  
Legal Capacity ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
The Revolution

"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."

Reading Identity, Reading Essence: A Strategic Essentialist Approach to Mulk Raj Anand’s Untouchable

2021 ◽  
Vol 2 (4) ◽  
pp. 91-101
Author(s):  
Saleha Ilhaam
Keyword(s):  
Present Article ◽  
Human Existence ◽  
The Other ◽  
Political Strategy ◽  
Other Hand ◽  
Strategic Essentialism ◽  
Reading Identity ◽  
The Difference ◽  
The Individual ◽  
Individual Self

The term strategic essentialism, coined by Spivak, is generally understood as “a political strategy whereby differences (within Group) are temporarily downplayed, and unity assumed for the sake of achieving political goals.” On the other hand, essentialism focuses that everything in this world has an intrinsic and immutable essence of its own. The adaption of a particular “nature” of one group of people by way of sexism, culturalization, and ethnification is strongly linked to the idea of essentialism. Mulk Raj Anand’s Bakha is dictated as an outcast by the institutionalized hierarchy of caste practice. He is essentialized as an untouchable by attributing to him the characteristic of dirt and filth. However, unlike other untouchables, Bakha can apprehend the difference between the cultured and uncultured, dirt and cleanliness. Via an analysis of Anand’s “Untouchable,” the present article aims to bring to the forefront the horrid destruction of the individual self that stems from misrepresentations of personality. Through strategic essentialism, it unravels Bakha’s contrasting nature as opposed to his pariah class, defied by his remarkable inner character and etiquette. The term condemns the essentialist categories of human existence. It has been applied to decontextualize and deconstruct the inaccurately essentialized identity of Bakha, which has made him a part of the group he does not actually belong to.

scholarly journals Revisiting international administrative law as a legal discipline

2019 ◽  
Vol 39 (3) ◽  
pp. 1237-1258
Author(s):  
Jakub Handrlica
Keyword(s):  
Administrative Law ◽  
The Other ◽  
Eu Law ◽  
Legal Scholarship ◽  
Other Hand ◽  
Long Time ◽  
International Conventions ◽  
Administrative Competencies

The term “international administrative law” is understood in two separate ways. On one hand, the authors (diritto internazionale amministrativo) used this term regarding the administrative competencies of various international administrative unions, as provided by applicable international conventions. On the other hand, other authors (e.g. Karl Neumeyer, Paul Négulescu, Giuseppe Biscottini) used the term to exclusively refer to the norms of national law (diritto amministrativo internazionale, droit administratif international, internationales Verwaltungsrecht), which address certain foreign elements. This article follows the second understanding of the term “international administrative law.” For a long time, these norms had been quite rare in administrative law and, consequently, the legal scholarship did not pay much attention to the discipline of international administrative law. However, most recently, the sources of EU law increasingly require reflection of certain foreign elements in the norms of administrative law. In this respect, this article argues that international administrative law represents a legal discipline that is fully capable of addressing those problems arising by the application of these norms in administrative law.

Contemporary approach to the understanding of the notion of “beautiful” as an aesthetic category

2019 ◽  
Vol 11 (3) ◽  
pp. 107-113
Author(s):  
Irina P. Nikitina
Keyword(s):  
Modern Philosophy ◽  
Modern Art ◽  
The Other ◽  
Language Games ◽  
Philosophy Of Art ◽  
The Third ◽  
Social Standards ◽  
Definite Kind ◽  
Standards Of Beauty ◽  
Contemporary Approach

The author elaborates the idea of modern aesthetics that the notion of beautiful is not a fundamental category of modern art and modern philosophy of art. Under the direct influence of science and arts modern philosophy has added to the categories such notions as probability, absurdity, the mundane, the understanding etc. On the other hand a new understanding of society and man prompted the introduction of such categories as lifeworld, fear, solitariness, care, doubt, language games etc. It has become evident that many categories are not only blurred but rather heterogeneous, thus the system of categories is something to be referred to with considerable reservations. The article proposes a preliminary definition and interpretation of the beautiful and the main principles of the analysis of the beautiful. In the most general and tentative terms the beautiful can be defined as something that complies with the idea of beauty accepted in a given society or civilization. Ideas of beauty can vary from culture to culture and from civilization to civilization. This is no to say that certain, albeit few, objects cannot be considered beautiful throughout many historical epochs. Standards of beauty as well as social standards in general, do not refer to any object but only to certain types of objects. Consequently beautiful is always beautiful of a kind. Beauty in general does not exist, there are only beautiful objects of a definite kind. The article maintains that there are at least three reasons why the beautiful cannot be verbally defined. The first is methodological, the second is social and the third is related to the peculiarities of the beautiful itself, primarily it sensual nature. In the first place the degree of clarity of scientific notions depends on the level of the development of science. The scientific study of arts is a never-ending venture. And while it continues, its categories and in particular the category of the beautiful will require clarification.

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
Keyword(s):  
United States ◽  
Administrative Law ◽  
The Other ◽  
Judicial Control ◽  
Administrative Record ◽  
Administrative Power ◽  
The Us ◽  
The One

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.

Frederick II of Hohenstaufen and Arabic Science

2001 ◽  
Vol 14 (1-2) ◽  
pp. 289-312 ◽  
Author(s):  
Matthias Schramm
Keyword(s):  
Biological Sciences ◽  
Scientific Knowledge ◽  
The Other ◽  
Political Practice ◽  
Unique Role ◽  
Other Hand ◽  
Court Life ◽  
The One ◽  
And Diffusion ◽  
Contemporary Approach

The article argues that Frederick II of Hohenstaufen and his court played a unique role in the transfer and diffusion of Arabic science (with its Greek, Hebrew and Christian elements). Scientists at the court translated and elaborated upon it. Moreover, there existed a two-way traffic of scientific knowledge between Frederick and his court scholars, on the one hand, and several oriental courts and their scientists on the other hand. Thus the reader gains a view of Frederick's scientific activities from the Arab perspective, too.Frederick's contribution to the existing biological sciences of his time was his “Book of Falconry”, which was exceptional in the then contemporary approach and methods employed in those fields. Even in this treatise on falconry, Frederick drew upon the fund of knowledge of Arab practitioners. This chain of arguments concerning Arabic science is situated within the setup of Frederick's oriental political practice and sumptuous court life.

scholarly journals West(ern urbanism): A part of social fantasy space

2011 ◽  
Vol 3 (3) ◽  
pp. 226-253
Author(s):  
Aleksandar Kušić
Keyword(s):  
Social Order ◽  
The Other ◽  
Clear Distinction ◽  
The West ◽  
Contemporary Approach ◽  
The Way

New Belgrade represents one of the most intensively built and criticized settlements of the socialist Yugoslavia. Its contemporary criticism is shaped, like most of Serbian architectural historiography, by a belief in the clear distinction between selfness and otherness, contemporariness and out-datedness. The question of a contemporary approach is set, within this discourse, as a matter of the ability or will to see clearly the development of the Other, in whose reflection one's own development (through the elimination or acquisition of inner Otherness) can flourish. This paper is dedicated to the exposure of the essential limitation of these distinctions. By pointing to the way that the West and western urbanism were envisioned within three moments of New Belgrade socialist history, this paper tends to point out that these visions are nothing more but parts of a wider Lacanian social fantasy space, i.e. that the realism of their gaze is based on the possibility of a placement within the fantasy space of the current or desired social order.

scholarly journals Konceptualizacja doświadczenia prawnego a konceptualizacja faktów związanych z funkcjonowaniem administracji — między nauką prawa administracyjnego a nauką administracji z badań wrocławskich i włoskich administratywistów

Prawo ◽  
2017 ◽  
Vol 322 ◽  
pp. 61-78
Author(s):  
Joanna Nowak
Keyword(s):  
Administrative Law ◽  
Theory And Practice ◽  
The Other ◽  
Other Hand ◽  
Didactic Issues ◽  
Scientific Achievements ◽  
Administrative Science

Conceptualization of legal experience and conceptualization of facts related in the functioning of the administration of the science of administrative law and administrative science in research of studies from school of Wrocław and Italian scholars administrativeConceptualization of legal experience and conceptualization of facts related in the functioning of the administration of the science of administrative law and administrative science in research of studies from school of Wrocław and Italian scholars administrative. The aim of this article is to describe the conceptions of legal experience and administrative legal facts, but on the other hand also to accentuate and underline influence on the administrative law and administrative science. The article is based on the research of professors F. Longchamps de Bérier, A. Błaś, J. Jeżewski, J. Korczak, but also Italian writers. The first part of the article is dedicated to description of arole of legal experience in administrative research. The last part of the paper present research of Professor A. Błaś and his concept of administrative legal facts, also of the light connection between theory and practice in administrative law. The results of the investigation remind on the base of scientific achievements of Prof. A. Błaś that the “reality” can be apart of implementation of the norms of administrative law, also of the light didactic issues.

The Eighteenth-Century Debate

2016 ◽  
Author(s):  
J.G.A. Pocock ◽  
Richard Whatmore
Keyword(s):  
Eighteenth Century ◽  
American Revolution ◽  
The Other ◽  
Self Awareness ◽  
Left Behind ◽  
Social Time ◽  
Humanist Tradition ◽  
The One ◽  
Individual Self ◽  
Republican Virtue

This chapter explores the reasons as to why the inherited complex of ideas concerning republican virtue and its place in social time was transmitted into the eighteenth century in the form so little changed and yet so radically challenged. It shows that the American Revolution and Constitution in some sense form the last act of the civic Renaissance, and that the ideas of the civic humanist tradition provide an important key to the paradoxes of modern tensions between individual self-awareness on the one hand and consciousness of society, property, and history on the other. The American founders occupied a “Machiavellian moment”—a crisis in the relations between personality and society, virtue and corruption—but at the same time stood at a moment in history when that problem was being either left behind or admitted insoluble.

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