Administrative Justice in the Transitional States

2021 ◽  
Author(s):  
Dacian C. Dragos
Keyword(s):  
Alternative Dispute Resolution ◽  
Central And Eastern Europe ◽  
Legal Culture ◽  
Legal Tradition ◽  
Modern Times ◽  
Academic Knowledge ◽  
Transitional Countries ◽  
Legal Fictions ◽  
Administrative Justice

This chapter surveys the state of academic knowledge, conceptual consistency, and theoretical debate relevant for two subtopics of administrative justice narrative: the legal treatment of administrative silence and the alternative dispute resolution tools. The legal fictions associated with administrative silence and the interplay between the two avenues of dispute solving—administrative and judicial—are a persistent preoccupation of the administrative law discourse in modern times. This is even more significant in transitional countries, where the legal tradition was interrupted by political changes and restarted decades later. The chapter seeks to identify and provide a survey of these recurring themes in administrative justice research from the perspective of transitional (former Communist) democracies from Central and Eastern Europe (CEE), taken as a case study. It identifies the challenges posed by the administrative silence and by the adoption of ADR tools meant to alleviate the burden from the courts. The chapter concludes that the success of different (sometimes competing) approaches is highly dependent on the legal culture of the system in which they are implemented.

Negotiating Legal Reform through Reception of Law: The Missing Role of Mixed Legal Transplants

2019 ◽  
Vol 14 (2) ◽  
pp. 175-209
Author(s):  
Kien TRAN ◽  
Nam Ho PHAM ◽  
Quynh-Anh Lu NGUYEN
Keyword(s):  
Socialist Country ◽  
Common Law ◽  
Legal Reform ◽  
Academic Community ◽  
Legal Tradition ◽  
Legal Transplant ◽  
Modern Times ◽  
Legal Transplantation

AbstractOur research proposes ‘mixed legal transplant’ as a new concept in theories of legal transplantation. While the concept of legal transplantation is real, the phenomenon is much more complicated than what is often depicted and discussed by the academic community. In modern times, legal transplantation is often an informed reception by independent sovereign nations or people of two or more sets of rules from different jurisdictions, rather than a simplistic and passive reception of rules from one country to another. Using Vietnam as a case study, this article analyzes the deliberate consideration of two different models of precedent in the civil and common law traditions by Vietnamese lawmakers, and their choice of a mixed legal transplant in the hope that it would be best suited to the needs of a socialist country in transition. Its methods and results, however, are still in doubt and have been criticized as possibly creating uncertainty due to their structural incoherence. This article therefore concludes by proposing recommendations based on legal tradition to correct the misuse of the mixed legal transplant in Vietnam, and we hope that these recommendations can serve as a model for other countries.

Merger regulation in Central and Eastern Europe: Evidence from Hungary, Romania and Slovenia

2002 ◽  
Vol 52 (3) ◽  
pp. 327-345 ◽  
Author(s):  
T. Kravtseniouk
Keyword(s):  
Eastern Europe ◽  
Central And Eastern Europe ◽  
Merger Control ◽  
Substantial Part ◽  
Economic Competition ◽  
Close Link ◽  
Case Study Methodology ◽  
Domestic Markets ◽  
Study Methodology

This paper shows the principal features of merger control in selected transition economies of Central and Eastern Europe (CEE), namely Hungary, Romania and Slovenia, by applying case study methodology. The presented findings are based on the analysis of Hungarian, Romanian and Slovenian competition law and merger rulings reached by the Competition Offices of these countries. A substantial part of the conclusions is drawn from a sample of 42 merger applications processed by the Office of Economic Competition of Hungary between 1994 and 2000. The results of empirical analysis demonstrate the considerable flexibility of merger control in the studied countries, its orientation towards the future of domestic markets and a close link with industrial policy. The paper also highlights the areas of interdependence of competition policy and transition and argues that merger control in the studied CEE countries may be regarded as currently adequate to the requirements imposed by transition.

Islamic and Jewish Religious Feminists Tackle Islamic and Jewish Oral Law: Maintenance and Rebellion of Wives

2017 ◽  
Vol 11 (1) ◽  
pp. 35-63
Author(s):  
Ruth Roded
Keyword(s):  
State Policy ◽  
Political System ◽  
Daily Life ◽  
The State ◽  
The Political ◽  
Jewish Law ◽  
Modern Times ◽  
Parallel Case ◽  
First Time

Beginning in the early 1970s, Jewish and Muslim feminists, tackled “oral law”—Mishna and Talmud, in Judaism, and the parallel Hadith and Fiqh in Islam, and several analogous methodologies were devised. A parallel case study of maintenance and rebellion of wives —mezonoteha, moredet al ba?ala; nafaqa al-mar?a and nush?z—in classical Jewish and Islamic oral law demonstrates similarities in content and discourse. Differences between the two, however, were found in the application of oral law to daily life, as reflected in “responsa”—piskei halacha and fatwas. In modern times, as the state became more involved in regulating maintenance and disobedience, and Jewish law was backed for the first time in history by a state, state policy and implementation were influenced by the political system and socioeconomic circumstances of the country. Despite their similar origin in oral law, maintenance and rebellion have divergent relevance to modern Jews and Muslims.

Models of administrative justice

2021 ◽  
Author(s):  
Jerry L. Mashaw
Keyword(s):  
Alternative Model ◽  
Model Building ◽  
Legal Culture ◽  
Institutional Structure ◽  
Structure Investigation ◽  
Administrative Practices ◽  
Analytic Tool ◽  
The Past ◽  
Critical Commentary ◽  
Administrative Justice

Considerable scholarship over the past several decades has been devoted to exploring ‘models’ of administrative justice. By ‘model’ most authors seem to mean a particular administrative justice regime’s central characteristics such as its epistemological presuppositions, institutional structure, procedure commitments, and legitimating norms. This chapter explores that literature by describing alternative model-building efforts, critical commentary on existing models, and some applications of various models to illuminate and critique administrative justice practices in ongoing administrative systems. The chapter concludes with a simple suggestion concerning the stance that one should take in analysing or critiquing any particular approach to model building as an analytic tool. In my view the purpose of model building is straightforward: models of administrative justice allow us to specify the dimensions of administrative justice that are of interest and to structure investigation either of particular administrative practices or of the characteristic approaches of a society or a legal culture. Whether a particular model or set of models, or a particular approach to building them, is useful depends upon what an analyst is trying to do and the degree to which the models constructed or deployed contribute to the success of that project.

scholarly journals Portrait of justice: The spirit of Chinese law as depicted in historical and contemporary drama

2016 ◽  
Vol 1 (4) ◽  
pp. 372-389
Author(s):  
Yu Zhang ◽  
Nicholas Lovrich
Keyword(s):  
Performing Arts ◽  
Legal Culture ◽  
Creative Industries ◽  
Chinese Society ◽  
Legal Tradition ◽  
Television Drama ◽  
Chinese Law ◽  
Legal Subjectivity ◽  
Legal Perspective ◽  
Ancient Times

Some scholars doubt whether China has much of a legal tradition, and others have opined that China lacks legal subjectivity from a Western legal perspective. However, various dramas have delineated a legal culture and form of legal subjectivity in China present since ancient times. Unfortunately, relatively less research has been conducted on legal themes in Chinese drama, and even less scholarship has explored Chinese legal tradition through an art perspective. This article takes a modest step toward filling this gap. Selecting multiple cases from the creative industries in China, including ancient stage drama, films, and contemporary television drama across the span of hundreds of years, this article looks into the representations of legal tradition in Chinese performing arts and explores the spirit of law in Chinese society.

scholarly journals Riscos das mídias e tecnologias na capacitação para cuidadores de idosos: estudo de caso

2019 ◽  
Vol 87 (25) ◽  
Author(s):  
Vilmar da Conceição Oliveira Filho ◽  
Selma Petra Chaves Sá ◽  
Cristian Antonio Brezolin ◽  
Ana Lucia Leitão Caldas ◽  
Thaís de Rezende Bessa Guerra
Keyword(s):  
Health Care ◽  
The Elderly ◽  
Program Understanding ◽  
Training Course ◽  
Academic Knowledge ◽  
Nutritional Needs ◽  
Whole Class ◽  
Elderly Caregivers

Objetivou-se orientar cuidadores de idosos em um curso de capacitação no Centro de Atenção à Saúde do Idoso e seu Cuidadores, Universidade Federal Fluminense, sobre as principais carências e necessidades nutricionais requeridas pelos própriose pelos idosos, alertando ainda sobre os riscos das tecnologias. Trata-se de um estudo de caso do estágio de docência, sobre acapacitação de cuidadores, enquanto mestrando acadêmico do Programa de Ciências do Cuidado em Saúde. A compreensão evisualização acerca da organização e planejamento das demandas cotidianas requisitadas de um profissional acadêmico em suaspalestras/cursos/oficinas. Conclui-se que há necessidade de uma capacitação dos pós-graduandos nos métodos de transmissãodos conhecimentos acadêmicos, como por exemplo, a linguagem utilizada para os cuidadores, objetivando assim a compreensãode toda a turma e alertando sobre os riscos das influências tecnológicas na baixa qualidade alimentar ingerida.Palavras-chave: Educação; Ensino em Enfermagem; Nutrição. ABSTRACTThe aim of this study was to orient elderly caregivers in a training course at the Center for Health Care of the Elderly and itsCaregivers, Federal Fluminense University, about the main needs and nutritional needs required by the elderly and the elderly,also warning about the risks of the technologies. This is a case study of the teaching stage, about the qualification of caregivers, asan academic master of the Health Care Sciences Program. Understanding and visualization about the organization and planningof the daily demands of an academic professional in their lectures/courses/workshops. It is concluded that there is a need for thetraining of postgraduates in the methods of transmission of academic knowledge, such as the language used for caregivers, aimingat understanding the whole class and warning about the risks of technological influences in the low food quality.Keywords: Education; Teaching, Nursing; Nutrition.

scholarly journals SOME ASPECTS OF AGILE APPROACH IN PRAXIS

2015 ◽  
Vol 3 ◽  
pp. 348-355
Author(s):  
Jaroslava Kniežová
Keyword(s):  
Software Development ◽  
Development Process ◽  
Traditional Approach ◽  
High Quality ◽  
Modern Times ◽  
Effective System ◽  
Agile Approach ◽  
Traditional Process ◽  
Short Time

In modern times, competitiveness in the market depends on having a good information system. The companies developing and supplying information systems are in competition too, and having an effective system of delivery is critical for obtaining lucrative offers. Therefore, the software development companies continuously try to improve their development process to supply the product in a short time and with high quality. The agile approach potentially shortens this time and is very often used. This approach has almost replaced the traditional process. More and more companies implement agile approach in these times to be competitive in the software development market and hasten product delivering.The traditional and agile approaches differ in certain perspectives. Hence, the question arises as to whether the agile approach is the best for the software development company in every case. This article contains a comparison of these two approaches, as well as a case study relating to the agile approach in a real software development company, which had previously used the traditional approach. The article also describes situation where replacing the traditional approach with agile would improve results.

scholarly journals Discussion about the Legal Identity of Central and Eastern Europe. 3rd Annual CEENELS Conference “Legal Identities and Legal Traditions in CEE”

2018 ◽  
Vol 85 ◽  
pp. 139-153
Author(s):  
Piotr Szymaniec
Keyword(s):  
Eastern Europe ◽  
Central And Eastern Europe ◽  
Legal Theory ◽  
Legal Culture ◽  
Main Issue ◽  
Entire Region ◽  
Legal Traditions ◽  
Legal Identity ◽  
The University

The paper describes the discussions during the 3rd Annual CEENELS Conference “Legal Identities and Legal Traditions in CEE”, which took place on January 11–13, 2018 at the University of Latvia in Riga. The main issue debated at the conference concerned the question whether the countries of Central and Eastern Europe have their own legal identity and whether there is a common legal identity of the entire region. The author is in favor of Mikhail Antonov’s view that labeling the Soviet legal theory and legal culture as characterized by rigid positivism or even by “hyperpositivism” is an oversimplification. Moreover, Antonov is right when emphasizing that there was no common “socialist legal culture” and this culture differed a bit from country to country.

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