Evaluation of Attorney’s Law in Terms of Administrative Law

2021 ◽  
Vol 7 (5) ◽  
pp. 5048-5054
Author(s):  
Kongze Zhu ◽  
Lei Zheng

Advocacy aims at providing legal assistance in fairly resolving legal disputes. It is a fact that there is a public interest in the performance of this activity. A lawyer performs this activity under the supervision and control of the bar association. Public service is the professional activity carried out by the lawyer/ advocate. This paper evaluated public service in terms of accountability to public officials and administrative organizations. In terms of public service, attorneyship has been examined both organically and financially. In terms of the administrative organization, the professional organizations in the form of public institutions - the bar associations which are the professional organizations of the lawyers - and the admission of a lawyer to the legal profession were evaluated in this paper.

Author(s):  
Ethan J. Leib ◽  
Stephen R. Galoob

This chapter examines how fiduciary principles apply to public offices, focusing on what it means for officeholders to comport themselves to their respective public roles appropriately. Public law institutions can operate in accordance with fiduciary norms even when they are enforced differently from the remedial mechanisms available in private fiduciary law. In the public sector, fiduciary norms are difficult to enforce directly and the fiduciary norms of public office do not overlap completely with the positive law governing public officials. Nevertheless, core fiduciary principles are at the heart of public officeholding, and public officers need to fulfill their fiduciary role obligations. This chapter first considers three areas of U.S. public law whose fiduciary character reinforces the tenet that public office is a public trust: the U.S. Constitution’s “Emoluments Clauses,” administrative law, and the law of judging. It then explores the fiduciary character of public law by looking at the deeper normative structure of public officeholding, placing emphasis on how public officeholders are constrained by the principles of loyalty, care, deliberation, conscientiousness, and robustness. It also compares the policy implications of the fiduciary view of officeholding with those of Dennis Thompson’s view before concluding with an explanation of how the application of fiduciary principles might differ between public and private law settings and how public institutions might be designed or reformed in light of fiduciary norms.


KANT ◽  
2020 ◽  
Vol 36 (3) ◽  
pp. 160-166
Author(s):  
Andrey Masleev

The article examines the process of the emergence and formation of professional morality as an objective process for which factors naturally inherent in the professional activity of a lawyer are important. It is professional morality that forms the necessary basis for the transition to the regulation of this activity through codes of professional ethics. The professional code of ethics, becoming a normative document, turns out to be functional if it is based on the previously formed requirements of professional morality that have passed the test of time. At the same time, in conditions of openness and control on the part of public institutions, the code of ethics itself can become a factor in the formation of proper morality in the sphere of public civil service.


2021 ◽  
Vol 59 (1) ◽  
pp. 1-20
Author(s):  
Cédric Jourde ◽  
Marie Brossier ◽  
Muriel Gomez-Perez

ABSTRACTThis article analyses how the state in Senegal has managed the hajj since the liberalisation era in the early 2000s. Although the essence of the hajj is religious, it is also deeply political and requires that the state manages complex relations with pilgrims, religious leaders, private travel agencies, politicians and Saudi authorities. This article argues that three inter-related imperatives structure the conduct of the Senegalese state: a security imperative, a legitimation imperative, and a clientelistic imperative. Security concerns lead the state to monitor and control pilgrims travelling to Mecca. Legitimation is seen in the collaborative relations with Sûfi orders and in the framing of the hajj organisation as a ‘public service’. Finally, given the magnitude of financial and symbolic resources attached to the hajj, clientelistic relations are constitutive of state officials’ actions. Overall, despite the post-2000 liberalisation of the hajj, the state has maintained its role as a gatekeeper, regulator and supervisor.


2020 ◽  
Vol 12 ◽  
pp. 59-61
Author(s):  
Vladilen V. Strelnikov ◽  

The scientific article analyses issues related to the practical implementation of legal norms governing the procedure for disciplinary liability of prosecutors. A theoretical analysis of the interpretations of disciplinary responsibility in the public service formulated by leading legal scholars was carried out. A comparative legal analysis has been carried out of the regulations governing the procedure for the imposition of disciplinary penalties in State bodies, including law enforcement agencies and the legal documents governing these issues in the prosecutor’s office.


2021 ◽  
Vol 19 (1) ◽  
pp. 183-205
Author(s):  
Paul Tap

Surveillance was extensively analyzed in the literature from multiple standpoints. Some studies looked to the temporal development of surveillance, while others analyzed the traditional theories that influenced many of the contemporary surveillance studies. All these studies define surveillance as an activity that is ubiquitous and performed globally, by multiple private and public institutions, through the involvement of specific technologies. However, little attention was paid to the perceptions of citizens about surveillance. This article addresses this gap in the literature and analyses how state surveillance is perceived by the Romanian citizens according to the socio-demographic factors (i.e., age, education, income, gender and medium of residence). The aim of the study is to explain how socio-demographic factors influence the acceptance of state surveillance. It also controls for the left-right self-placement, and the use of Facebook as source of information. The statistical analysis uses individual level data from an original survey conducted between October-November 2020. The survey was completed by 1,140 respondents, and the article uses correlation and linear regression to analyze the data. The findings illustrate that the acceptance of state surveillance is influenced by the gender, level of education and medium of residence of the individuals. The age and income of the citizens have no effect on the acceptance of state surveillance.


2021 ◽  
pp. 154-196
Author(s):  
Jacek Jagielski ◽  
Piotr Gołaszewski

The article discusses the legal and administrative regulations regarding the prevention and control of infectious diseases. The author puts forward and justifies the thesis that the SARS-CoV-2 coronavirus epidemic (COVID-19 disease) has exposed significant imperfections (and partly deficiencies) of the above-mentioned regulations, and at the same time revealed the effects of – sometimes insufficient – theoretical reflection on administrative law and the methods of reception of its assumptions and theoretical structures into the provisions of this law. Against this background, particular attention was paid to the construction of the special state as a (separate and independent) institution of material administrative law, as well as to issues concerning, inter alia, administrative regulations, general administrative acts, administrative enforcement of non-pecuniary obligations, administrative proceedings, criminal-administrative law, and social (digital) exclusion in administrative law. The considerations are summed up by the statement that administrative law – both in practical and theoretical terms – has turned out to be insufficiently prepared for an epidemic of an infectious disease in general, and even more so for an epidemic of a scale such as that caused by the SARS-CoV-2 coronavirus.


2020 ◽  
Vol 10 (4) ◽  
pp. 87-93
Author(s):  
Marian Hurkovskyi ◽  

The administrative measures for preventing corruption in the system of the National Police are investigated. The category �legal measures� in the context of modern scientific thought is considered in the theoretical aspect. The normative and legal framework for preventing corruption in the National Police is analyzed. During the analysis, the need to develop the institution of administrative measures for preventing corruption as the most widely used legal means in the system of preventing corruption in terms of international instruments in this field is substantiated. The significance of legal prohibitions and legal incentives in the system of administrative measures is revealed. Administrative measures for preventing corruption in the National Police bodies form a legal regime that is special in relation to the general administrative and legal regime of the public service and can be characterized as an ordinary, permanent, mostly prohibitive administrative and legal regime for preventing corruption in the National Police. The specificity of the administrative and legal regime for the prevention of corruption is defined by the formation of general provisions addressed to all public officials and special rules addressed exclusively to the police. The effectiveness of the administrative and legal regime is determined by a number of factors due to anti-corruption standards. The importance of anti-corruption standards for administrative measures of preventing corruption in the bodies, services and units of the National Police and the need of their development depending on the specifics of the unit are determined. Conceptual tasks of improving administrative measures for preventing corruption in the National Police are formulated.


PEDIATRICS ◽  
1954 ◽  
Vol 13 (1) ◽  
pp. 101-102

Having surveyed the health services for children throughout the nation during the postwar years and having given attention to ways of meeting the needs which were revealed, the Academy, through its Committee for the Improvement of Child Health, called attention to the importance of further development of regional planning for pediatric education and services. This Committee in a report published in 1950 stated: To meet this two-fold need [better training for physicians and better distribution of services], a solution is evolving which has as its keystone regional planning for the decentralization of training which carries with it a better distribution of medical care into the very areas where the greatest deficiencies have been shown to exist. This concept is not new or original. It has been receiving a great deal of emphasis particularly in relation to hospitals and to a lesser degree in relation to medical schools. Evidence of progress along lines recommended by the Academy in its 1950 report is again apparent. Early in October 1953 a group of 100 educators, doctors and public officials met under the auspices of the Massachusetts Medical-Dental School Commission to explore the possibilities of regional cooperation in medicine, dentistry and veterinary practice. Emphasis was placed upon a program that would cooperate with existing private and public institutions rather than compete with them.


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