Legal Culture of Public Servants: The Comparative Legal Analysis of the Formation Practices of Various Countries

2019 ◽  
Vol 10 (7) ◽  
pp. 1956
Author(s):  
Mira A. ALIMBEKOVA ◽  
Alua S. IBRAYEVA ◽  
Gulnar T. ICHSHANOVA ◽  
Karlygash R. USEINOVA ◽  
Nurlan S. IBRAYEV
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal Culture ◽  
The United States ◽  
Practical Significance ◽  
Legal Analysis ◽  
Public Servants ◽  
The Rule Of Law ◽  
Compliance With The Law ◽  
Main Component

The legal culture of public servants is determined by the fact that the legislation implements a mechanism for the formation of a moral component, which allows to limit the use of punitive measures and at the same time ensure compliance with the law in the framework of public administration processes. The relevance of the study is determined by the fact that a public servant, in addition to following state standards for dealing with citizens, must also follow the general social culture of observing the rule of law. The novelty of the study is determined by the fact that as the main component in the formation of the legal culture of public servants, it is necessary to consider the implementation of law and the corresponding moral standard directly in the legislation and, based on this position, implement practical activities both within the framework of the public administration system and within the framework of public interaction. The authors investigate the theoretical aspects of the implementation of this provision in the legislation of the countries of the Euroregion, Kazakhstan and the United States. The article shows that the main impact on the legal culture of public servants here is exerted by norms that are implicit in the legislation. The practical significance of the study is determined by the fact that the theoretical model under study will make it possible to adopt basic regulations on the basis of the principles of sustainability of the society functioning and to adopt the concept of development of the rule of law.  

Albania’s Difficult Path towards Democracy

2019 ◽  
Vol 48 (4) ◽  
pp. 468-491 ◽  
Author(s):  
Teresa Cierco
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal Culture ◽  
Transformation Process ◽  
Political Society ◽  
The Rule Of Law ◽  
State Apparatus ◽  
Critical Issues ◽  
Democratic Transformation ◽  
Theories Of Transition

AbstractAlbania began the democratic transformation process in 1991 with a heavy post-communist legacy. Since then, it has continued to experience many difficulties in its path towards democracy, especially in relation to two critical issues: respect for the rule of law and corruption. Following the theories of transition, this paper analyses important pillars of the rule of law: horizontal accountability, effective and legitimate institutions of governance, and transparent public administration, in order to understand why it is so difficult to establish the rule of law in Albania. This paper aims to bring to focus Albania’s democratization process by looking at the institutionalization of political society. Based on the assumption that corruption is tied up with the issue of governance, we try to show how endemic corruption in the state apparatus undermines the basis of the rule of law in Albania by eroding state capacity, civil society and legal culture.

The Missing Piece: The Case for Administrative Law in the MSPA Curriculum

2017 ◽  
Vol 49 (5) ◽  
pp. 616-633 ◽  
Author(s):  
Naomi Caiden
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Public Service ◽  
Public Interest ◽  
The United States ◽  
Administrative Law ◽  
Academic Education ◽  
Public Servants ◽  
The Public ◽  
Democratic Administration

Why is administrative law so neglected in the curricula of graduate public administration in the United States? In the light of professed adherence to democratic administration and rule of law, this gap in the academic education of public service professionals seems surprising and somewhat disconcerting. Public servants are not only empowered but obligated by law to use the power of the state to make decisions and take actions in the public interest. Yet, study of the theory, processes, and practices of administrative law seems to play little or no part in their preparation for these tasks.

Representative Public Administration as the Modelling Behaviour for the New Bureaucracy

2014 ◽  
Vol 11 (1) ◽  
pp. 51-79
Author(s):  
Mirko Pečarič
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Present Situation ◽  
Representative Bureaucracy ◽  
Public Servants ◽  
Public Funds ◽  
The Rule Of Law ◽  
The Public ◽  
Widespread Belief ◽  
Merit System

There is a widespread belief that the states and markets are not the omnipotent institutions. Although public participation is gaining importance, this paper argues that in the present situation liberal and democratic elements can be fastest achieved by promotion of values in the public administration. The idea is built on a notion of active representative bureaucracy, while passive representation of the society should be still under the rule of law and/or merit system of hiring public servants. The proposed strategy in a time of austerity is somehow illogical, but it could be efficient: more public funds should be given in education, (re)training and practical experiments of the good practices from other states should become more relevant. Although in our time – when reductions of public funds and dismissals of employees are present – it will be difficult to achieve this goal, we should not forget that humanity has never depended on finances; the public trust, awareness, faith and other values are all the more needed in the time of crisis. We should start from ourselves as individuals to proceed towards the benefits of community.

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

Lawyers as Activists

2018 ◽  
Author(s):  
Michael C. Dorf ◽  
Michael S. Chu
Keyword(s):  
United States ◽  
Social Media ◽  
Social Change ◽  
Civil Rights ◽  
Rule Of Law ◽  
The United States ◽  
The Rule Of Law ◽  
Court Action ◽  
The Government ◽  
Trump Administration

Lawyers played a key role in challenging the Trump administration’s Travel Ban on entry into the United States of nationals from various majority-Muslim nations. Responding to calls from nongovernmental organizations (NGOs), which were amplified by social media, lawyers responded to the Travel Ban’s chaotic rollout by providing assistance to foreign travelers at airports. Their efforts led to initial court victories, which in turn led the government to soften the Ban somewhat in two superseding executive actions. The lawyers’ work also contributed to the broader resistance to the Trump administration by dramatizing its bigotry, callousness, cruelty, and lawlessness. The efficacy of the lawyers’ resistance to the Travel Ban shows that, contrary to strong claims about the limits of court action, litigation can promote social change. General lessons about lawyer activism in ordinary times are difficult to draw, however, because of the extraordinary threat Trump poses to civil rights and the rule of law.

Rule of law and the scope of interpretation of legislative provisions in the process of judicial and administrative review. Remarks against the background of the phenomenon of „lawmaking” of administrative courts

2021 ◽  
Vol 2(24) ◽  
pp. 373-387
Author(s):  
Przemysław Wilczyński
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal System ◽  
The Rule Of Law ◽  
Basic Criterion ◽  
Administrative Review ◽  
Administrative Courts ◽  
The Republic ◽  
Insight Into

The rule of law, as stipulated in article 7 of the Constitution of the Republic of Poland, is one of the fundamental principles shaping the functioning of public administration in the Republic of Poland. Legality of the functioning of public administration is also accepted as the basic criterion of judicial and administrative review of the actions taken by the administration. However, judgments of administrative courts often go outside the boundaries of findings that could be made based on linguistic interpretation of legislative provisions, by referring to the rules of the legal system, including in cases where no doubts exist with regards to the interpretation of provisions. The aim of this paper is to offer insight into the basis and nature of doubts encountered with regards to the admissibility of the use of non-linguistic interpretation by administrative courts where the use of such interpretation does not appear to be required.

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