Administrative Procedure and Judicial Review: A ‘Common Core’ Research

2021 ◽  
pp. 3-20
Author(s):  
Giacinto della Cananea ◽  
Mads Andenas
Keyword(s):  
Comparative Analysis ◽  
Judicial Review ◽  
Public Law ◽  
The Other ◽  
International Level ◽  
Administrative Procedure ◽  
Long Period ◽  
History Of ◽  
Political Choices ◽  
National Systems

This chapter begins by explaining why judicial review of administration is interesting terrain for a comparative analysis, also in the light of European and international principles. It is helpful to bear in mind that, for a long period of time, a strand of thought in public law has contested not just the usefulness, but even the possibility of a meaningful comparison between national systems of judicial review. It is important, however, to take cognisance of two fundamental dimensions of change: one is the increasing specialization of the courts that exercise control over administrative power and the other is the emergence of common principles at European and international level. The chapter then highlights the importance of procedural fairness and propriety, although the legal relevance and significance of these principles will differ depending upon the history of any society and its political choices. It also addresses some methodological issues, including the nature of the 'factual analysis' and the choice of legal systems.

scholarly journals О двух ойратских списках «Наказа Манджушри» из коллекции Н. Д. Кичикова (по материалам Кетченеровского краеведческого музея)

2021 ◽  
Vol 14 (2) ◽  
pp. 347-363
Author(s):  
Delyash N. Muzraevа ◽  
Keyword(s):  
Comparative Analysis ◽  
20Th Century ◽  
Local History ◽  
The Other ◽  
Religious Texts ◽  
Buddhist Monk ◽  
Monastic Community ◽  
History Of

Introduction. The written heritage of Kalmyk Buddhist priests, their daily practices, liturgical repertoire still remain a poorly studied page in the history of Buddhism among Mongolic peoples in the 20th century. The survived collections, clusters of religious texts prove instrumental in revealing most interesting aspects of their activities, efforts aimed at preservation of Buddhist teachings, their popularization and dissemination among believers. Goals. The paper examines two Oirat copies of the Precepts of the Omniscient [Manjushri] from N. D. Kichikov’s collection, transliterates and translates the original texts, provides a comparative analysis, and notes differences therein that had resulted from the scribe’s work, thereby introducing the narratives into scientific circulation. Materials. The article describes two Oirat manuscripts bound in the form of a notebook and contained in different bundles/collections of Buddhist religious texts stored at Ketchenery Museum of Local History and Lore. As is known, the collection is largely compiled from texts that belonged to the famous Kalmyk Buddhist monk Namka (N. D. Kichikov). Results. The analysis of the two Oirat texts with identical titles — Precepts of the Omniscient [Manjushri] — shows that their contents coincide generally but both the texts contain fragmented omissions (separate words, one or several sentences) that are present in the other. At the same time, when omitting fragments of the text addressed to the monastic community, the scribe was obviously guided by that those would be superfluous for the laity. Thus, our comparative analysis of the two manuscript copies demonstrates the sometimes dramatic role of the scribe in transmitting Buddhist teachings.

Administrative Procedure and Judicial Review in France

2021 ◽  
pp. 50-52
Author(s):  
Delphine Costa
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Judicial Remedy ◽  
Individual Decisions ◽  
Laws And Regulations ◽  
Administrative Justice

This chapter describes administrative procedure and judicial review in France. In French public law, no constitutional provision provides for judicial review of administrative measures. Nor is there a convention providing for judicial review of administrative measures. This is only envisaged by the laws and regulations, in particular the Administrative Justice Code and the Code of Relations between the Public and the Administration. The administrative courts exercise extensive control over the acts or measures of the public administration, including both individual decisions and regulatory acts, but some are nonetheless beyond judicial review. Where an act or measure is contested on procedural grounds, judicial review takes place only under certain conditions: the procedural defect must have deprived the applicant of a guarantee or it must have influenced the meaning of the decision taken. Two types of judicial remedy exist in administrative law: it is therefore up to the applicant to limit their application before the administrative judge.

Yiddish as an Expression of Jewish Cultural Identity in Galicia and Vienna

1999 ◽  
pp. 164-176
Author(s):  
Gabriele Kohlbauer-Fritz
Keyword(s):  
The Other ◽  
The Political ◽  
Self Awareness ◽  
Habsburg Empire ◽  
Substantial Impact ◽  
Language And Culture ◽  
Long Period ◽  
History Of ◽  
Austrian Capital ◽  
Cultural Movement

This chapter illustrates the backwardness of Yiddish in the easternmost province of the Habsburg Empire. In Galicia, Yiddish language and culture developed quite differently and at a much slower pace than in the other parts of Poland and Russia. At a time when the works of Isaac Leib Peretz, Mendele Mokher Seforim, and Sholem Aleichem were flourishing elsewhere, Yiddish culture in Galicia was still underdeveloped, emerging only fleetingly at the beginning of the twentieth century, inspired by the political and social movements that encouraged Jewish national self-awareness. No doubt one reason for this long period of dormancy was the particular historical situation that resulted from the policies of the Habsburg regime. Thus, a history of the Yiddish-language movement in Galicia and the Austrian capital, Vienna, must also be an account of its failure. The chapter shows that it was precisely in Galicia that a thriving cultural symbiosis emerged among the coexisting national groups, and this symbiosis had a substantial impact on the Yiddish cultural movement. Yet competition from the Polish and German languages ultimately ousted Yiddish almost completely.

scholarly journals The Organization of "Nafhut Tayyib min Ghusn al Andalus al Rutayyib” by Allama al-Maqr’ri

2018 ◽  
Vol I (II) ◽  
pp. 157-166
Author(s):  
Dr. Nomana Khalid
Keyword(s):  
The Other ◽  
Comprehensive Overview ◽  
Long Period ◽  
History Of ◽  
Great Scholar ◽  
Muslims In Europe

“Allama al-Maqr’ri” was a great scholar and author of many books. He wrote a valuable and informative book on Spain. Muslims ruled over Spain for a long period of time. Allama al-Maqr’ri compiled Spain’s history, geographical status, conspicuous personalities as well as unique aspects of that time. This Arabic book named "Nafhut Tayyib min Ghusn al Andulus al Rutayyib”" consists on ten volumes and divided in two major parts. The first one consists of Spain’s history and the other part is about Lisin ud Din al-Khateeb. This article will provide a comprehensive overview of this precious book, its division, major parts and contents and provide the knowledge of the splendor history of Muslims in Europe. Keywords: Andalus, Maq’rri, History, Lisan ud Din

scholarly journals El Banco Asiático de Inversión en Infraestructura apuntando al camino del medio: uniéndose a las filas de los Bancos Multilaterales de Desarrollo, pero con características chinas

2019 ◽  
Vol 7 (3) ◽  
pp. 103-120
Author(s):  
Dr. Andres Borquez ◽  
Dr. Faran Shoaib
Keyword(s):  
Comparative Analysis ◽  
Regional Development ◽  
The Other ◽  
International Level ◽  
The Past ◽  
Development Banks ◽  
High Standards ◽  
The One ◽  
Regional Development Banks ◽  
Allowed State

En junio del 2016 fue aprobado el primer proyecto del Banco Asiático de Inversión en Infraestructura y una de las preocupaciones de los expertos es que esta nueva institución puede ser flexible con respecto a las condiciones de los préstamos y salvaguardas, argumentando que los creadores de este banco carecen de experiencia suficiente para mantener altos estándares establecidos por los otros bancos multilaterales. En contraste, otros especialistas destacan que la participación de China en el financiamiento a nivel internacional no es nada nuevo. Durante la última década, China ha permitido que los bancos de desarrollo estatales otorguen créditos no concesionales. Este artículo analiza ambos enfoques y los contrasta con un análisis comparativo del diseño de los bancos de desarrollo regionales y el nuevo banco multilateral liderado por China. Además, analiza la orientación de las políticas de crédito y salvaguardas de los 21 primeros proyectos aprobados por AIIB hasta el 2017. El nuevo banco esta apuntando al camino del medio: por un lado, uniéndose a las filas de los principales bancos multilaterales, pero al mismo tiempo, tratando de ser una institución con una visión sur a sur: ágil, respetando las políticas internas de cada país y enfocada en el nicho de los proyectos de infraestructura.    In June 2016 the first project of the AIIB was approved and some experts' concern is if this new institution can be flexible with respect to the conditions of the loans and safeguards, arguing that the creators of this bank lack enough experience to maintain high standards established by the other multilateral banks. In contrast, other specialists point out that China's participation in financing at an international level is nothing new. Over the past decade, China has allowed state development banks to grant non-concessional loans. This article analyzes both approaches and contrasts them with a comparative analysis of the design of the regional development banks and the new multilateral bank led by China. In addition, it analyzes the orientation of the credit policies and safeguards of the first 21 projects approved by AIIB until 2017. The new bank is treading the middle path: on the one hand, joining the ranks of the main multilateral banks, but at the same time, trying to be an institution with a south-south vision: agile, respecting the internal policies of each country and focused on the niche of infrastructure projects.

Significance of and Comparative Trends in Procedural Regulation of Right to Information

2014 ◽  
Vol 12 (2-3) ◽  
pp. 31-45 ◽  
Author(s):  
Polonca Kovač
Keyword(s):  
Comparative Analysis ◽  
Judicial Review ◽  
Good Governance ◽  
International Studies ◽  
Good Practices ◽  
Time Limits ◽  
Administrative Procedure ◽  
Rti Implementation ◽  
Right To Information ◽  
Legal Right

Any legal right is (more) efficiently pursued if sufficient procedural regulation supports its substantive setting. This article is dedicated to an analysis of procedural regulation of right to information (RTI) since its significance is increasing in terms of developing good governance and good administration within contemporary transparent, open and collaborative society. The comparative analysis of selected countries (USA, Ireland, Sweden, Austria, Germany, Slovenia, Croatia) included herein proves that selected procedural institutions, such as time limits and an appeal to an independent body or judicial review, contribute to a significantly higher level of implementation of the RTI in practice as also indicated by several international studies. In conclusion, the author recommends certain good practices, especially significance of RTI implementation in relation to different authorities in the context of administrative procedure guaranteeing constitutional and supranational transparency principles.

scholarly journals Australian Labour and the Profintern

1979 ◽  
Vol 24 (1) ◽  
pp. 34-54 ◽  
Author(s):  
Frank Farrell
Keyword(s):  
Communist Party ◽  
Trade Union ◽  
Russian Revolution ◽  
The Other ◽  
International Level ◽  
Trade Union Movement ◽  
Union Movement ◽  
History Of ◽  
The Impact ◽  
Related Trade

In common with many other countries, Australia has had, since 1920, a Communist Party, which is an obvious and continuing symbol of international reaction to the Russian Revolution of 1917. Naturally enough the formation of this Communist Party and its subsequent history has attracted a degree of attention from historians and scholars of Communist movements and Australian politics. The impact of the Profintern, on the other hand, has been completely neglected. Even at the international level no full-scale study of the Profintern and its related trade-union organisations is yet available, and though one scholar has noticed that in Australia “the history of communism in the unions is […] separate from CPA political history”, the bases of this separation have been left relatively unexplored. This article seeks to examine Moscow's links with the Australian trade-union movement via the Profintern in the period 1920–35. It would seem that these links overshadowed the CPA as a “Communist” influence in the Australian context, at least for the first decade of the Comintern's existence. The separation of CPA history from the wider influence of Communism in the unions is discernible almost from the very start.

scholarly journals SOME ISSUES OF THE PROCEEDINGS UNDER ARTICLE 66 OF THE ADMINISTRATIVE PROCEDURE CODE IN THE CONTEXT OF THE ACTIVITY CARRIED OUT BY THE FARMERS

2020 ◽  
Vol 2 (1) ◽  
pp. 88-95
Author(s):  
Svetlana Tsonchovska
Keyword(s):  
Judicial Review ◽  
The Other ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Legal Nature ◽  
Legitimate Interests ◽  
Administrative Act

The process of creating and approving the final dedicated layer of “Allowable Areas” is a complex factual set of administrative and procedural actions by the administration that assists farmers to declare their plots with which they want to participate in the relevant support campaign. In view of the fact that the final order of the Minister of Agriculture, Food and Forestry is, by its legal nature, an individual administrative act which affects the rights and legitimate interests of individual farmers in the course of their activities to one degree or the other, it is also subject to of judicial review of its legality.

Administrative Procedure and Judicial Review in Spain

2021 ◽  
pp. 72-74
Author(s):  
Oriol Mir
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
The Other ◽  
Fully Integrated ◽  
Administrative Procedure ◽  
Administrative Action ◽  
Spanish Constitution ◽  
Administrative Jurisdiction ◽  
The Right ◽  
Judicial Protection

This chapter discusses administrative procedure and judicial review in Spain. The Spanish Constitution of 1978 (CE) devotes two central provisions to judicial review of administrative action. Article 106(1) CE, located in Part IV on government and administration, establishes that 'The Courts control the power to issue regulations and to ensure that the rule of law prevails in administrative action, as well as to ensure that the latter is subordinated to the ends which justify it'. On the other hand, Article 24(1) CE enshrines the fundamental right to effective judicial protection, which also includes protection against administrative action: 'Every person has the right to obtain the effective protection of the judges and the courts in the exercise of his or her legitimate rights and interests, and in no case may he go undefended'. Judicial review is usually performed by specific courts fully integrated into the judiciary, the so-called jurisdicción contencioso-administrativa (administrative jurisdiction), competent to review administrative action subject to Spanish administrative law.

M.M. Prishvin and B.A. Pilnyak: To the history of creative relations

2020 ◽  
pp. 118-127
Author(s):  
Alexey V. Svyatoslavsky ◽  
Keyword(s):  
Comparative Analysis ◽  
The Other ◽  
Personal Relationships ◽  
World Cup ◽  
Critical Attitude ◽  
Other Hand ◽  
Ideological Struggle ◽  
The World ◽  
History Of ◽  
The Stability

The article considers the history of creative and personal relationships of M. Prishvin and B. Pilnyak from 1922 to the beginning of the 1930s, basing on epistolary and diary entries. In the presence of stable, largely friendly relations between the two writers, their character was complicated by Prishvin’s very critical attitude towards his fellow writer, expressed in a number of sharp assessments of some of Pilnyak’s works. On the other hand, it is noted that Prishvin appreciates the artistic talent of Pilnyak as a master of vivid sketchy images. The discussion on the comparative analysis of Pilnyak’s novel “The Naked Year” written on fresh traces of the revolution and Prishvin’s novel “The World Cup” with the involvement of A.K. Voronsky and L.D. Trotsky was separately considered. The author of the article sees some sort of paradox in the Prishvins’ negative position regarding Pilniak’s novel in the obvious genre-stylistic commonality of both works, marked by traits of expressionism and “ornamental prose”. The article also attempts to explain the reasons for the stability of relations between the two writers over the years through a certain commonality of their views in terms of the historical fate of Russia, which made them, by and large, allies in the difficult ideological struggle of the 1920s and 30s.

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