Comparative Administrative Law

2019 ◽  
pp. 1249-1275 ◽  
Author(s):  
John S. Bell
Keyword(s):  
Institutional Context ◽  
Administrative Law ◽  
Comparative Approach ◽  
Full Account ◽  
National Institutions ◽  
The Subject

Comparative administrative law is a long-standing discipline. The study of other administrative law systems both in order to understand one’s own system better and to find models for improvement has been occurring for over 150 years. It is closely bound up with national institutions and traditions, as well as national constitutional values and ways of operating. Any comparative approach has to take full account of the institutional context in which a particular problem or procedure occurs and to ensure that full account of these nationally specific features is taken before any attempt is made to generalize or compare. This article describes the scope of the subject, the values served by administrative law, and influences shaping administrative law. It also compares the powers, organizations, and procedures of the administration, as well as legal redress.

A Values-based Approach

2021 ◽  
pp. 1-31
Author(s):  
Paul Daly
Keyword(s):  
New Zealand ◽  
Future Development ◽  
Administrative Law ◽  
Comparative Approach ◽  
Scholarly Literature ◽  
Administrative Action ◽  
The Core ◽  
The Subject ◽  
Individual Self ◽  
Core Features

This chapter introduces the means of achieving the three objectives of this book: to enhance the understanding, guide the future development and justify the core features of contemporary administrative law. First, the historical backdrop to the development, in recent decades, of general principles of administrative law is explained. Second, the four values which provide structure to the law of judicial review of administrative action are introduced: individual self-realisation, good administration, electoral legitimacy and decisional autonomy. Third, an explanation on how these values are used to interpret the core features of contemporary administrative law is given. Fourth, the chapter addresses the book’s comparative approach, justifying the choice of Australia, Canada, England, Ireland and New Zealand as its focus. Fifth, this chapter situates the book’s interpretivist approach, which relies on a plurality of values, in the existing scholarly literature on administrative law, noting that unlike others this book does not argue that there is one single meta-value, meta-principle or meta-concept around which the subject revolves. Lastly, this chapter provides an overview of the rest of this book.

scholarly journals Curative protection for the satisfaction of the weaker party in contractual relations: الحماية العلاجية لرضا الطرف الضعيف في العلاقات التعاقدية

2020 ◽  
Vol 4 (5) ◽  
Author(s):  
Hiba Mehdi Adnan Al-Fahham, Ammar Kereem Al-Fetlawy
Keyword(s):  
Legal Protection ◽  
Comparative Approach ◽  
Legislative Organization ◽  
Economic Relations ◽  
Contractual Relationships ◽  
Legal Texts ◽  
Economic Coercion ◽  
The Subject ◽  
Contractual Relations ◽  
Weak Party

The subject of curative protection to the satisfaction of the weak party in contractual relations is one of the issues that have taken on the opinion of legal jurisprudence, it had to be addressed by research and study, especially in the current situation because of this prominent issue in the relations of people in the field of concluding contracts, despite the importance of this The topic, however, we find that he did not receive a share of the legislative organization commensurate with that importance, because the legislator did not put clear or direct texts through which the weak party’s satisfaction could be protected, but rather different theories scattered in various laws that did not reach the level of familiarity with this issue in all its aspects. Therefore, it is necessary to search for solutions through which we can protect the consent of the weak party ... all that and more that we covered in this study by following both the inductive approach and the comparative approach and the analytical approach, where we extrapolated the most important jurisprudence opinions that were said in this regard, as well as the analysis of legal texts and that Within the scope of Iraqi law and French law, and then we extrapolated the most important doctrinal opinions to the most important results and proposals we have reached to protect the consent of the weak party in contractual relations. The study reached a set of results, among which the researcher reached a set of results, including the creation of the French legislator a new defect in his legislation, which the judiciary had the largest role in alerting to the existence of this defect, its purpose is to protect the consent of the weak party in economic relations, by setting the dependency criterion as the origin of the contractor the weak victim of this kind of coercion. Secondly, the grace period despite thinking is a modern idea, but the French legislator clarified the mechanisms that contractors can follow in their contractual relations and impose a penalty in the event that the weak contracting professional is deprived of it, as it is a right granted to the weak party according to clear and explicit legislative texts. The researcher reached a set of recommendations, among which we recommend the legislator to introduce the defect of economic coercion to address cases of imbalance in the contractual balance that he seeks to achieve in all contractual relationships. We suggest that the Iraqi legislator stipulates the deadline for thinking about its legislation, because the protection that is granted to the weak party is only subsequent protection, at a time when the weak party needs legal protection prior to concluding the contract.

scholarly journals On Understanding the Administrative Law Subject

2020 ◽  
Vol 12 ◽  
pp. 18-20
Author(s):  
Olga N. Ordina ◽  
Keyword(s):  
Public Administration ◽  
Legal Theory ◽  
Administrative Law ◽  
Executive Power ◽  
Legal Science ◽  
Different Types ◽  
Common Concept ◽  
The Subject ◽  
Points Of View ◽  
Definition Of

In the administrative and legal science there is a refinement, change and expansion of the subject of the dynamic branch of administrative law, aimed at eliminating the resulting lag of legal theory from the legal reality. In our view, of the three basic categories that characterize the subject of administrative law, “public administration”, “executive power” and “administrativepublic activity”, the main generalization category is the category “administrative and public activities”. The phenomenon of the subject of administrative law refracts the problems and discussions inherent in the industry as a whole. In view of the existence of different points of view on the subject of administrative law, the legal science has not yet formulated a single definition of it. There is a tendency to overcome the conflict between different types of understanding, to bring together the positions of different concepts of understanding of administrative law in order to form a “universal” concept of it, to develop its common concept.

scholarly journals CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS

2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Process ◽  
Scientific Terminology ◽  
Procedural Law ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
Enforcement Activity

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

The Federal Administrative Procedure Act

1947 ◽  
Vol 41 (2) ◽  
pp. 271-281 ◽  
Author(s):  
Foster H. Sherwood
Keyword(s):  
Separation Of Powers ◽  
The United States ◽  
Administrative Law ◽  
Turn Of The Century ◽  
Administrative Process ◽  
Administrative Procedure ◽  
Separation Theory ◽  
The Subject ◽  
Bar Association ◽  
Separate Discipline

The President's signature of the new Administrative Procedure Act completed the second or legislative phase of the reform of administrative procedure which began with the introduction and passage of the ill-fated Walter-Logan bill in 1939–40. The investigatory phase which preceded it had its beginning in the reluctant recognition accorded administrative law as a separate discipline at about the turn of the century. The refusal to recognize the existence of administrative law gave way before a volume of literature on the subject, and became transformed into a criticism of the administrative process itself. The movement for reform of which the act of 1946 was the culmination has come largely in answer to these criticisms. Ignoring differences in phraseology and attacks on specific agencies, most critics appear to agree on the following arguments:(1) The administrative process is essentially dangerous in that it ignores the traditional American theory of the separation of powers, a principal protection against tyranny and dictatorship in the United States. This argument may appear in several forms. Sometimes it is said that administrative law is to be deplored because it is typical of alien countries which are not as advanced politically as we. In the hands of the American Bar Association, this argument is used to point up dangers inherent in any system that has a tendency to limit judicial review. And sometimes the allegation is merely that the administrative process is a violation of the separation theory, leaving the evils of such a violation to implication.

scholarly journals Belgian Multinationals and Public–Private Partnerships in Economic Diplomacy

2014 ◽  
Vol 9 (1) ◽  
pp. 24-50
Author(s):  
Jennifer Kesteleyn
Keyword(s):  
Exploratory Study ◽  
Institutional Context ◽  
Multinational Companies ◽  
Political Activity ◽  
Public Private Partnerships ◽  
Structured Interviews ◽  
Public Officials ◽  
Corporate Political Activity ◽  
Economic Diplomacy ◽  
The Subject

Summary This article analyses public–private partnerships in Belgium’s economic diplomacy from the perspective of multinational companies (mncs). The concept of corporate political activity (cpa) is therefore introduced. cpa is seen as a part of business diplomacy (bd), which companies use in order to defend their interests. Eight stock-listed Belgian multinationals (bmncs) were interviewed using single, semi-structured interviews. This exploratory study focused on whether or not companies contact public officials, which strategies they use and how these strategies are organized in order to defend their interests abroad. The empirical data revealed that bmncs enter into relationships with national and supranational actors. Information-sharing is the central aim of these relationships, because of the mutual realization that these contacts are important. This was less so, however, at the international level. In short, bmncs will, depending on the subject and/or the institutional context, rely on the services offered by Belgian economic diplomacy. They will initially, however, also include diplomatic functions of their own.

The Churches and the ’45

1983 ◽  
Vol 20 ◽  
pp. 253-262
Author(s):  
Françoise Deconinck-Brossard
Keyword(s):  
Eighteenth Century ◽  
Church Of England ◽  
Short Paper ◽  
Marked Contrast ◽  
Full Account ◽  
The Subject ◽  
Crucial Part

The limits of this short paper will not allow me to give a full account of the question, but only to consider some aspects of the sermons preached on the occasion of the 1745 Jacobite rebellion. There was a spate of sermons published at the time, not only by famous whig bishops, understandably eager to prove their zeal for the house of Hanover, but also by unknown members of the inferior clergy who felt the need to express their loyalty to the establishment. In many cases, the sermons they preached were the only ones they ever published. It is worth noting, in this respect, that the names of only five antijacobite preachers are to be found in the DNB. This phenomenon, namely the crucial part played by humble preachers, is all the more remarkable as it is in marked contrast with other fields of eighteenth-century pulpit oratory. (Charity sermons, for instance, could only be delivered by bishops or archdeacons or by well-known speakers with a good preaching reputation). Besides, nonconformist ministers were as anxious as their Church of England counterparts to be regarded as pillars of the Hanoverian cause, so that they too had many sermons printed for the occasion. From the available evidence, it is reasonable to assume that they sold well. On the flyleaf of any one of these pamphlets, John Hildyard, the York printer, with his usual advertising techniques, set out a list of other sermons published on the same theme, as an incentive to buy further books on the subject.

Observations on the Shilluk of the Upper Nile: The Laws of Homicide and the Legal Functions of the Reth

Africa ◽  
1952 ◽  
Vol 22 (2) ◽  
pp. 97-119 ◽  
Author(s):  
P. P. Howell
Keyword(s):  
Detailed Analysis ◽  
Full Account ◽  
The Subject ◽  
Wide Experience ◽  
Opening Paragraph ◽  
Divine Kingship ◽  
Complete Account

Opening ParagraphPublished literature on the subject of the Shilluk is considerable and there are also many interesting accounts of specific subjects buried in the files of the Administration. Nowhere, however, is there a complete account of all aspects of Shilluk life. Moreover, there has been a tendency to concentrate on certain aspects, notably the Divine Kingship, to the exclusion of others. In 1941 Mr. M. E. C. Pumphrey and I published two articles: the first a general summary account of the Shilluk tribe based on Mr. Pumphrey's observations and wide experience; the second a more detailed analysis of one Shilluk settlement, the result of fieldwork carried out in 1937. In 1944 I had the privilege of attending the installation of reth Anei Kur and, together with Mr. W. P. G. Thomson, published a full account. Subsequently Mr. Thomson published his ‘Further Notes on the Death of a Shilluk Reth’, after the death of reth Anei in 1943. This, with Professor Evans-Pritchard's Frazer Lecture, The Divine Kingship of the Shilluk of the Nilotic Sudan, represents the total of information published on the subject of the Shilluk in recent years.

The Lokrian Maidens

1916 ◽  
Vol 21 ◽  
pp. 148-154
Author(s):  
Walter Leaf
Keyword(s):  
Full Account ◽  
The Real ◽  
New Material ◽  
The Subject

When discussing in Troy: A Study in Homeric Geography the tribute of two maidens sent annually as temple-slaves to Athena at her temple in Ilion, I was able only to mention the existence of an inscription referring to the subject (pp. 131, 396). The inscription was then unpublished; I had been unable to obtain by correspondence any particulars other than an assurance that it contained no new material of importance.The inscription, discovered so long ago as 1896, and copied by Wilhelm in 1897, has at length appeared in the Jahreshefte des Oest. Arch. Institutes, xiv, dated 1911, but issued only in 1913. I have to thank Dr. Wilhelm for sending me a copy of his very full account and discussion (Die Lokrische Mädcheninschrift, pp. 163–256). I recur to the subject now because it seems to me that, contrary to my information, the inscription does throw a great deal of new light; and because, if I am not mistaken, the real significance of it has been entirely missed both by Dr. Wilhelm and by M. A. Reinach—unhappily lost to science in the battle of the Marne two years ago—who discussed it in the Revue de l'Histoire des Religions, lxix, 1 (Jan. 1914), pp. 12–54.

Administrative Law and the Constitution

1929 ◽  
Vol 23 (1) ◽  
pp. 32-46
Author(s):  
Marvin B. Rosenberry
Keyword(s):  
Political Theory ◽  
Separation Of Powers ◽  
Administrative Law ◽  
Great Work ◽  
The People ◽  
Explicit Statement ◽  
English Speaking ◽  
The Subject ◽  
The Government ◽  
English Speaking World

In the constitution of Massachusetts is found the following: “In the government of this commonwealth the legislative department shall never exercise the executive and judicial powers or either of them; the executive shall never exercise the legislative and judicial powers or either of them; the judicial shall never exercise the legislative and executive powers or either of them; to the end it may be a government of laws and not of men.” This is probably the most explicit statement of the doctrine of separation of powers to be found in the constitution of any of the states of this Union. While the doctrine has been set forth in other constitutions in other language, the constitutions of all the states as construed and interpreted have come to have substantially the same meaning. For more than a century, lawyers, courts, political scientists, publicists, and the people generally regarded the separation of the government into coördinate departments as one of the corner-stones of our liberties.Montesquieu, who had no doubt derived his ideas upon the subject from the writings of Locke and a study of English law, in 1748 published his great work, The Spirit of Laws. In this treatise he gave a new exposition of the doctrine of separation of powers and the reasons for it, in a form which gave it wide currency in the English-speaking world; but this exposition was intended by Montesquieu to be a statement of political theory, and was so accepted by political writers of the time.

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