Administrative Justice and Globalization

2021 ◽  
Author(s):  
Giacinto della Cananea
Keyword(s):  
Judicial Review ◽  
Due Process ◽  
Regional Organizations ◽  
The Third ◽  
General Principles Of Law ◽  
Regulatory Regimes ◽  
New Institutions ◽  
Administrative Justice

This chapter, a discussion of administrative justice beyond the borders of the states, has three related objectives. The first is to point out the growth of this dimension of administrative justice, either within regional organizations or within global regulatory regimes. The second is to examine the challenges facing the new institutions and the commonalities and differences between their foundations, particularly with regard to the general principles of law aiming at promoting sound governance, such as due process, impartiality, and proportionality. The third objective is to examine the role of law. Judicial review and judicial doctrines are part of the story, but are not the whole story. It will be seen that law, both hard and soft, plays several roles in this area and variably impinges on the interest at stake.

Standards of Judicial Review of Administrative Action (1890–1910) in the Austro-Hungarian Empire

2021 ◽  
pp. 41-72
Author(s):  
Angela Ferrari Zumbini
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Public Affairs ◽  
Main Theme ◽  
Administrative Procedure ◽  
Administrative Action ◽  
General Principles Of Law ◽  
Liberal Approach ◽  
The Right

This chapter argues that, if France has been the home of administrative courts, Austria has greatly contributed to the development of administrative law with regard to administrative procedure. Thanks to the Austrian Administrative Court, established in 1875, administrative law has been increasingly important in the regulation of public affairs. The chapter analyses the causes, development, and effects of these features. One main theme is, of course, the scope and purpose of judicial review of administrative action. In this respect, the chapter shows the growth of litigation and the liberal approach followed by the Court. Moreover, the role of the Court as lawmaker is examined in the light of the general principles of law that it developed. . Such principles included legality and procedural fairness, with particular regard to the right to a hearing and the duty to give reasons. Considered as a whole, they required public administrations to act reasonably rather than arbitrarily. Finally, it was judge-made law that constituted the basis for the codification of 1925.

19. Ombudsmen

2016 ◽  
Author(s):  
Mark Elliott ◽  
Jason Varuhas
Keyword(s):  
Public Sector ◽  
Judicial Review ◽  
Justice System ◽  
The Public ◽  
System P ◽  
The Uk ◽  
Administrative Justice

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.

scholarly journals The Upper Karabakh Predicament from the UN Resolutions to the Mediated Negotiations: Resolution or Hibernation?

2015 ◽  
Vol 1 (2) ◽  
pp. 154
Author(s):  
Ali Askerov ◽  
Thomas Matyok
Keyword(s):  
Negotiation Process ◽  
Third Party ◽  
Regional Organizations ◽  
The Third ◽  
The Third Party

Despite the third party efforts of the significant international and regional organizations, such as the UN and the OSCE, the Upper Karabakh problem remains unresolved for over 20 years. Neither the four resolutions related to Armenia’s invasion of Azerbaijani lands adopted by the UN SC in the early 1990s have worked, nor the formal negotiations over this conflict that have taken place under the auspices of the OSCE Minsk Group for more than 20 years have reached any tangible results. These facts give rise to questions about effectiveness of the role of this institution in reaching a resolution to the conflict. The ceasefire regime is in effect since May 1994 without changing the situation, in which Armenia still keeps about 20 percent of Azerbaijani lands under invasion and is effectively involved in building a new state over the invaded lands. This paper analyzes the effectiveness of UN resolutions in liberating Azerbaijan’s invaded regions, both within and outside of Upper Karabakh, as well as the OSCE mediation efforts to resolve this conflict. It also discusses effectiveness of the negotiation process, and raises a question about impartiality of the mediators and usefulness of the mediation institution of the OSCE in general. It argues that the OSCE Minsk Group has failed to successfully establish and lead the process of negotiations, thus expecting a fruitful yield is not realistic.

scholarly journals The Upper Karabakh Predicament from the UN Resolutions to the Mediated Negotiations: Resolution or Hibernation?

2015 ◽  
Vol 2 (1) ◽  
pp. 154
Author(s):  
Ali Askerov ◽  
Thomas Matyok
Keyword(s):  
Negotiation Process ◽  
Third Party ◽  
Regional Organizations ◽  
The Third ◽  
The Third Party

Despite the third party efforts of the significant international and regional organizations, such as the UN and the OSCE, the Upper Karabakh problem remains unresolved for over 20 years. Neither the four resolutions related to Armenia’s invasion of Azerbaijani lands adopted by the UN SC in the early 1990s have worked, nor the formal negotiations over this conflict that have taken place under the auspices of the OSCE Minsk Group for more than 20 years have reached any tangible results. These facts give rise to questions about effectiveness of the role of this institution in reaching a resolution to the conflict. The ceasefire regime is in effect since May 1994 without changing the situation, in which Armenia still keeps about 20 percent of Azerbaijani lands under invasion and is effectively involved in building a new state over the invaded lands. This paper analyzes the effectiveness of UN resolutions in liberating Azerbaijan’s invaded regions, both within and outside of Upper Karabakh, as well as the OSCE mediation efforts to resolve this conflict. It also discusses effectiveness of the negotiation process, and raises a question about impartiality of the mediators and usefulness of the mediation institution of the OSCE in general. It argues that the OSCE Minsk Group has failed to successfully establish and lead the process of negotiations, thus expecting a fruitful yield is not realistic.

Legality

2020 ◽  
pp. 880-899
Author(s):  
Paul Craig
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Administrative Law ◽  
Fundamental Rights ◽  
Legal Systems ◽  
The Third ◽  
Critical Scrutiny ◽  
Principle Of Legality ◽  
The Way

This chapter is concerned with the concept of legality, and its role in administrative law. Here, six views of the role of legality are examined. The first two views are foundational, albeit in different senses. Thus, the chapter begins with consideration as to how far legality may be conceived as foundational in the sense of being the meta-precept for administrative law doctrine. The third, fourth, and fifth views of the cathedral consider the way in which legality is deployed by way of contradistinction to other administrative law concepts, with implications for the structure of administrative law doctrine and the intensity of review. The respective distinctions are between legality and rationality, legality and the merits, and legality and policy. These dichotomies are explicated and subjected to critical scrutiny. The sixth and final role played by legality is as a distinct head of judicial review, as evidenced by the principle of legality, which exists in some common law legal systems, and is concerned with the way in which legislation that infringes fundamental rights will be interpreted. The principle is analysed, as is the rationale for the ascription of the nomenclature ‘legality’.

Establishing Judicial Review in China

2018 ◽  
pp. 170-188
Author(s):  
Qianfan Zhang
Keyword(s):  
Judicial Review ◽  
Final Part ◽  
The Political ◽  
State Action ◽  
The Third ◽  
Legal Context ◽  
Review Mechanism ◽  
Legislative Review

This chapter analyses China’s existing mechanism of reviewing the constitutionality and legality of legislations and its deficiencies. The first part of the chapter describes the Qi Yuling case and the failure to maintain and advance a judicial review mechanism in China. The second part discusses some of the constitutional cases, mostly on equality without reference to the Constitution. The third and fourth parts explore the political and legal context for the existing review mechanism, in which the role of the judiciary is minimized and the limitations that inhere in the legislative review mechanism. The final part discusses the theoretical and practical impediments at establishing judicial review in China, and proposes several reforms aimed at evolving a suitable mechanism for ensuring conformity of state action to China’s Constitution and the laws.

scholarly journals Traditional and new role of defendant in criminal procedure

2020 ◽  
Vol 54 (2) ◽  
pp. 561-572
Author(s):  
Snežana Brkić
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
The Other ◽  
Traditional Role ◽  
Public Prosecution ◽  
Trial Procedure ◽  
The Public ◽  
The Third ◽  
New Institutions

The paper highlights some of the deterioration of the defendant, s position in the 2011 Code of criminal procedure of Serbia. On the other hand, it points to some relatively new institutions that go behind the traditional role of the defendant, which is reflected in the opposition to the charges. These are three types of defendant, s agreement with the public prosecution. The first form is a diversionary model, which is applied in the pre-trial procedure. The second is the plea agreement. Both forms were introduced before the confluence to relieve criminal justice, but the defendant himself benefits. The third form is the conclusion of an agreement between the defendant and the sentenced person on testimony in other to successfully detect, prove or prevent the criminal acts referred to in article 162, paragraph 1, item 1 of the Code of criminal procedure.

A ‘Jurist-linguistic’ Reading of the wuḍūʾ Verse (Q. 5:6)

2010 ◽  
Vol 12 (1-2) ◽  
pp. 313-282
Author(s):  
ʿAbd al-ʿAzīz Mūsā
Keyword(s):  
The Third

This article sheds light on the role of grammar in understanding legislative texts, with reference to the wuḍūʾ verse (Q. 5:6). The first section deals with the issue of washing the elbows along with the feet as part of ritual ablution, and lists the various interpretations of the preposition ilā in the aya, and discusses the grammatical theory used by different fuqahāʾ to support their arguments. The second section tackles how much of the head should be rubbed in ritual ablution, with regard to the use of the preposition bi- in the phrase bi-ruʾūsikum, while the third focuses on the two readings of the phrase arjulakum/arjulikum (‘your feet’) and on passing legislative judgement on whether the feet be washed or just rubbed. The study concludes that lugha and fiqh theory are of mutual importance and together help to clarify legislative judgements, and, on this basis, that jurists should not pass any legislative judgement without referring to language.

Minangkabau Language Maintenance by the Association of Sei Jaring Community in Medan

2014 ◽  
Vol 11 (2) ◽  
Author(s):  
Yenita Uswar ◽  
Amrin Saragih ◽  
Tina Mariany Arifin
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Language Maintenance ◽  
Young Generation ◽  
Third Generation ◽  
The Third ◽  
Danger Level

The objectives of this qualitative research were (1) to identify the factors that affect the Minangkabau language (ML) maintenance in Medan, (2) to discover the parents’ efforts in maintaining ML in Medan and (3) to find out the reason why the speakers have to maintain ML. The souree of data is the nembers of the Association of Sei Jaring Community (Ikatan Warga Sei Jaring: IWS) in Medan. The sample was 10 families including 10 parents and their children. The instruments of this study are a questionnaire and an interview. The questionnaire was used to answer the factors affected the maintenance of ML and how factors affected the maintenance of ML. The interview was used to discover the influence why Minangkabau’s people have to maintain ML. There are four factors in ML maintenance, the parents’ role, the role of family, the intramarriage and homeland visits. After distributing questionnaire and did some interviews it is found that IWS especially for the third generation (children) has the danger level in ML when they communicate to each other. Meanwhile, the data analysis also shows that both fathers and mothers communicate to each other with ML. This condition occurred because of the influence of the environment. Parents have to keep communication and teaching Minangkabau language continuously to their children. so, the young generation can keep the existence of ML for their future. Keywords: Minangkabau Language Maintenance, parents’ efforts, the young generation.

Zakat as a Measure of Social Justice in Islamic Finance : An Accountant’s Overview

2013 ◽  
Vol 1 (1) ◽  
pp. 64 ◽  
Author(s):  
Pranam Dhar
Keyword(s):  
Social Justice ◽  
Islamic Finance ◽  
Poverty Eradication ◽  
The Third ◽  
The Family ◽  
Additional Amount ◽  
Important Form

Zakat is an important form of religiously mandated charity under Islam. It is the third pillar of Islam. The giving of Zakat is important for Muslims, as this leads to purification of their wealth from all sins. This paper examines the role of Zakat as an instrument of social justice and poverty eradication in society. Each Muslim calculates his or her own Zakat individually. Generally, this involves the payment each year of two and a half percent of one's capital, after the needs of the family have been met. One can donate additional amount as an act of voluntary charity but Zakat is fundamental to every Muslim. Zakat is the Islamic contribution to social justice: those who have to give charity share the benefit of their prosperity to those who have fallen short. This is the Islamic approach to remove greed and envy and to purify one's soul based on good intentions. This is the institution of Zakat in Islam. The institution of Zakat serves to eradicate poverty in the community and uphold the light of Islam. Allah says “whatever is paid as Zakat for the sake of Allah shall be rewarded in manifolds”.

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