Cases

2021 ◽  
pp. 89-292
Author(s):  
Giacinto della
Keyword(s):  
Comparative Analysis ◽  
Environmental Impact ◽  
Asylum Seeker ◽  
Due Process ◽  
Civil Servant ◽  
Public Consultation ◽  
Administrative Procedure ◽  
Due Process Of Law ◽  
Administrative Sanctions ◽  
Industry Representative

This chapter presents ten hypothetical cases. The first three cases include dismissing a civil servant without due process of law; the unwelcome asylum seeker; and deciding on a protected building without consulting experts. The second set of cases deal with an opaque administrative sanctions procedure; an administrative 'detention' without reasons; and the 'adequate' reasons for censorship'. These are followed by hypothetical cases concerning administrative orders and posthumous reasons; the industry representative that was not consulted; and citizens and environmental impact assessment. The final case focuses on the duty of public consultation. The chapter details the administrative procedure and judicial review in the legal systems selected for comparative analysis, with regard to the ten hypothetical cases.

Due Process Prior to Administrative Decisions and Effective Judicial Protection in Brazil: A New Perspective?

ICL Journal ◽  
2016 ◽  
Vol 10 (1) ◽  
Author(s):  
Ricardo Perlingeiro
Keyword(s):  
Due Process ◽  
Public Authorities ◽  
Administrative Procedure ◽  
Margin Of Appreciation ◽  
Due Process Of Law ◽  
Administrative Proceeding ◽  
Court Proceedings ◽  
New Perspective ◽  
Judicial Protection ◽  
Judicial Actions

AbstractIn view of the increasing number of repetitive judicial actions in public law issues, this text proposes reconsidering the guarantees of administrative due process of law - enshrined in the Brazilian Constitution of 1988 -, among them the effective independence of the administrative authorities, based on a comparative perspective between the Anglo-Saxon and Continental-European models concerning judicial protection of individual rights. The author is visibly concerned with searching for a better understanding of topics that are considered to be established dogmas in Brazilian law, such as the contradiction between the self-enforceability of administrative decisions and the need for the public authorities to initiate judicial actions against individuals; the distinction between the administrative procedure and the (judicial and non-judicial) administrative proceeding and their implications for individuals in court proceedings; impartiality without independence of the authorities in conducting a non-judicial administrative proceeding; scope of judicial review of the utilization of the margin of appreciation of factual/scientific matters in decisions made by public administrative authorities.

scholarly journals Art. 29 da LINDB - Regime jurídico da consulta pública

2018 ◽  
pp. 225
Author(s):  
Vera Monteiro
Keyword(s):  
Due Process ◽  
Public Consultation ◽  
Legal Regime ◽  
The Public ◽  
Previous Condition ◽  
Due Process Of Law

<p>Article 29 of LINDB - Legal regime of the public consultation</p><p> </p><p>O estudo trata do art. 29 da Lei de Introdução às Normas do Direito Brasileiro (LINDB), que trata do regime geral da consulta pública como condição prévia para a edição de atos normativos por autoridade administrativa. O artigo sustenta que realizar consulta pública é um dever. O fundamento é o devido processo legal.</p><p> </p><p>The scope of the study is article 29 of the Introductory Law to Brazilian Rules (LINDB), which objective is to create a general regime for the public consultation as a previous condition to the publication of rules by administrative bodies and authorities. The study sustains that it is mandatary to realize public consultation prior to public a new administrative rule. The argument is based on the due process of law.</p>

Introducing Victim Impact Statement in India: Reconceptualizing Victim Status

2021 ◽  
pp. 251660692199175
Author(s):  
Devansh Dubey ◽  
Payas Jain
Keyword(s):  
Criminal Justice ◽  
Subjective Experience ◽  
Due Process ◽  
Not Given ◽  
Therapeutic Tool ◽  
Victim Status ◽  
Victim Impact Statement ◽  
The World ◽  
Due Process Of Law ◽  
The Right

The right to fair trial is inherent in the concept of due process of law, which now forms part of Article 21 of Indian Constitution after the Maneka Gandhi judgement. Pertinently attached with the same comes the responsibility of the criminal system to treat victims with increased awareness and sensitivity. However, the established convention shows that in planning and developing administration of criminal justice, proper attention is not given to the victims of crime in achieving goals of criminal justice; the major cause of it being that a victim is heard only as a witness not as a victim. A credible response to the said issue has emerged in the form of victim impact statement (VIS) in the modern legal system across the world. With that being said, the researchers through this article try to deduce the need for incorporating a VIS in India through the various jurisprudential understandings of what it means to be a victim, including the gap between the subjective experience of the sufferer and the interpretation of the same by others, and what restorative justice would mean to heal a victim. Establishing upon the same premise of victim status, the researchers try to suggest that the introduction of VIS, with the primary purpose of it being a therapeutic tool and not an instrument of changing the course of justice, will serve to make us reconsider our contours of a ‘victim’.

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