The effect of administrative measure violating general principle of administrative law(principle of proportion etc.)

2008 ◽  
Vol 57 (8) ◽  
pp. 191-226
Author(s):  
Yang, Si-Bok
Keyword(s):  
General Principle ◽  
Administrative Law ◽  
Administrative Measure

scholarly journals The Europeanisation of Spanish Administrative Law through the Principle of Legitimate Expectations

2020 ◽  
Vol 13 (2) ◽  
pp. 55-86
Author(s):  
Luis Arroyo Jiménez ◽  
Gabriel Doménech Pascual
Keyword(s):  
Decision Making ◽  
General Principle ◽  
Legal Status ◽  
Case Law ◽  
Administrative Law ◽  
Status Quo ◽  
Eu Law ◽  
National Legislation ◽  
Legitimate Expectations ◽  
The Eu

This article describes the Europeanisation of Spanish administrative law as a result of the influence of the EU law general principle of legitimate expectations. It examines, firstly, whether the formal incorporation of the principle of legitimate expectations into national legislation and case law has modified the substance of the latter, and if so, secondly, whether this has led to a weaker or a more robust protection of the legal status quo. To carry out that examination, the article considers the influence of the principle of legitimate expectations in two different areas: in individual administrative decision-making, and in legislative and administrative rulemaking. Our conclusion is that the Europeanisation of Spanish administrative law through the principle of legitimate expectations has been variable and ambiguous.

scholarly journals The Unmeritorious ‘Legality’/‘Merits’ Distinction in Singapore Administrative Law

2021 ◽  
pp. 1-32
Author(s):  
Benjamin Joshua Ong
Keyword(s):  
Decision Making ◽  
Judicial Review ◽  
General Principle ◽  
Case Law ◽  
Administrative Law ◽  
Decision Making Process ◽  
Rough Approximation ◽  
Executive Decision Making ◽  
The Law

Abstract The Singapore courts often state that judicial review of executive decision-making ought only to involve an inquiry into the ‘legality’ of a decision or the ‘decision-making process’, and not the ‘decision itself’ or its ‘merits’ – let us call this the ‘Distinction’. This article argues that the Distinction should be expunged from Singapore law. The Distinction has its roots in English case law which aimed to prevent the courts from arbitrarily substituting their decision for the executive's by reason of mere disagreement. But Singapore case law has gone further and treated the Distinction as a general principle applicable to all of administrative law. However, the Distinction is too vague for this purpose (as seen from Singapore cases which have interpreted the distinction inconsistently). It is conceptually problematic, incompatible with the practicalities of judicial review (particularly substantive review as recognised in Singapore law), and has occasionally been paid lip service but not followed in substance. The Distinction cannot form a coherent principle to guide the courts and ought to be replaced by a more nuanced application of constitutional principles relevant to determining the appropriate scope of review. Whatever these principles may be, and however they are to be balanced, the Distinction can be but an over-inclusive rough approximation of them which hampers the development of the law.

Ethical and Constitutional Foundations

2021 ◽  
pp. 11-22
Author(s):  
Amichai Cohen ◽  
David Zlotogorski
Keyword(s):  
General Principle ◽  
Just War ◽  
Administrative Law ◽  
Political Control ◽  
Historical Sources ◽  
Principle Of Proportionality

This chapter begins by tracing the historical sources of the principle of proportionality since antiquity. It then presents three possible justifications for this principle. First, the chapter discusses the Just War tradition of proportionality. It then moves on to explain why a utilitarian or rational view of IHL would also support the principle of proportionality. Next, the chapter discusses a justification for the principle of proportionality under the theory of IHL as a mode of societal and political control. The last part of the chapter places the discussion of proportionality in IHL in the wider context of the principle of proportionality as a general principle in constitutional and administrative law.

scholarly journals Police cooperation with the enforcement authorities in the enforcement proceedings in administration

2020 ◽  
Vol 31 ◽  
pp. 37-54
Author(s):  
Szymon Dubis ◽  
Keyword(s):  
Public Administration ◽  
Police Officer ◽  
General Principle ◽  
Organization Theory ◽  
Administrative Law ◽  
Police Cooperation ◽  
Or Organization

On the basis of the science of administrative law and administration, praxeology or organization theory, nowadays, there is a view, that administrative entities should cooperate with each other while performing public tasks. The cooperation of public administration entities as a principle of law, was reflected in the Polish Constitution of 1997 and its content was developed and specified in legislation. The enforcement authorities are entities that enter in different legal relations with participants of the administrative enforcement during their proceedings. At the same time, they are the obligatory participants of the enforcement relationship. The aim of the administrative enforcement proceedings is to compel the obligated entities to meet their obligations which are subject to the administrative enforcement. As the enforcement authorities enter into different legal relations with participants of the administrative enforcement, specific legal instruments were conferred on them, including providing assistance or cooperation. These serve to achieve the aim of the proceedings. Among others, the enforcement authorities cooperate with the police, so that the legal instruments they were given, would be effective. The aim of this article is to outline the essence of the concept of cooperation as a general principle of administrative law and to indicate legal instruments on which the enforcement authorities can cooperate with the police, so that the aim of their proceedings could be achieved. Moreover, the article refers to the procedure for using the legal instruments conferred to the enforcement authorities, i.e. providing assistance and cooperation. It also describes the behaviour of a police officer while being designated for assistance or cooperation.

scholarly journals Abuse of right in administrative law: The foundations of the concept

2018 ◽  
Vol 2 (1) ◽  
pp. 6-25
Author(s):  
Jerzy Parchomiuk
Keyword(s):  
Rule Of Law ◽  
General Principle ◽  
Common Good ◽  
Administrative Law ◽  
Good Faith ◽  
Legal Basis ◽  
General Principles Of Law ◽  
Basic Characteristics ◽  
The Individual ◽  
The Right

The concept of abuse of rights is universal in nature and is present in all branches of law. The development of scholarly opinion and jurisprudence led in time to the introduction of the prohibition on abuse of rights as a general principle of administrative law, understood as a ban on the use of rights or powers in a manner inconsistent with the purposes for which they were established or in violation of constitutional and axiological order. This paper is a presentation of a model that describes basic characteristics of abuse of right in administrative law. These basic characteristics can be summarized in a few theses as follows: (1) subjective variability – prohibition of abuse applies to both the authority as well the individual; (2) strong links between abuse and circumvention of law – abuse of right is often aimed at avoiding the application of those norms of administrative law which the individual considers to be disadvantageous to her/him; (3) different legal basis of the prohibition of abuse – general principles of law (e.g. the principle of good faith), specific regulations referring to specific powers, immanent limits of the powers or the right; (4) “axiological entanglement” – links with universal, basic administrative law values: legality, rule of law, certainty, justice and common good; (5) vague boundaries and casuistic nature, making it difficult to formulate generalized conclusions, especially with regard to the consequences of abuse of right.

From meditation to action – a research agenda for studying informal global rule-making: remarks on ‘Cosmopolitanism, publicity, and the emergence of a “global administrative law”’

2020 ◽  
pp. 1-7
Author(s):  
Oliver Westerwinter
Keyword(s):  
Global Governance ◽  
Comparative Research ◽  
Research Agenda ◽  
Institutional Design ◽  
Administrative Law ◽  
Democratic Legitimacy ◽  
Institutional Architecture ◽  
Global Law ◽  
Rule Making ◽  
Law Making

Abstract Friedrich Kratochwil engages critically with the emergence of a global administrative law and its consequences for the democratic legitimacy of global governance. While he makes important contributions to our understanding of global governance, he does not sufficiently discuss the differences in the institutional design of new forms of global law-making and their consequences for the effectiveness and legitimacy of global governance. I elaborate on these limitations and outline a comparative research agenda on the emergence, design, and effectiveness of the diverse arrangements that constitute the complex institutional architecture of contemporary global governance.

Multifunctional metal–organic framework heterostructures for enhanced cancer therapy

2021 ◽  
Author(s):  
Jintong Liu ◽  
Jing Huang ◽  
Lei Zhang ◽  
Jianping Lei
Keyword(s):  
Cancer Therapy ◽  
General Principle ◽  
Biomedical Applications ◽  
Metal Organic Framework ◽  
Metal Organic ◽  
Functional Modulation ◽  
Organic Framework

We review the general principle of the design and functional modulation of nanoscaled MOF heterostructures, and biomedical applications in enhanced therapy.

Assessing the Link Between Perception and Production in Cantonese Tone Acquisition

2019 ◽  
Vol 62 (5) ◽  
pp. 1243-1257 ◽  
Author(s):  
Peggy Pik Ki Mok ◽  
Holly Sze Ho Fung ◽  
Vivian Guo Li
Keyword(s):  
Language Acquisition ◽  
General Principle ◽  
Choice Task ◽  
Factors Affecting ◽  
Tone Pair ◽  
Tone Production ◽  
Monosyllabic Words ◽  
Early Production ◽  
Forced Choice Task ◽  
Production Accuracy

Purpose Previous studies showed early production precedes late perception in Cantonese tone acquisition, contrary to the general principle that perception precedes production in child language. How tone production and perception are linked in 1st language acquisition remains largely unknown. Our study revisited the acquisition of tone in Cantonese-speaking children, exploring the possible link between production and perception in 1st language acquisition. Method One hundred eleven Cantonese-speaking children aged between 2;0 and 6;0 (years;months) and 10 adolescent reference speakers participated in tone production and perception experiments. Production materials with 30 monosyllabic words were transcribed in filtered and unfiltered conditions by 2 native judges. Perception accuracy was based on a 2-alternative forced-choice task with pictures covering all possible tone pair contrasts. Results Children's accuracy of production and perception of all the 6 Cantonese tones was still not adultlike by age 6;0. Both production and perception accuracies matured with age. A weak positive link was found between the 2 accuracies. Mother's native language contributed to children's production accuracy. Conclusions Our findings show that production and perception abilities are associated in tone acquisition. Further study is needed to explore factors affecting production accuracy in children. Supplemental Material https://doi.org/10.23641/asha.7960826

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