scholarly journals The constitutionalization of administrative law as a remedy for authoritarian rule: The case of Poland and the case of Germany

2021 ◽  
Vol 43 (4) ◽  
pp. 513-522
Author(s):  
Renata Kusiak-Winter
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Authoritarian Regime ◽  
Pivotal Role ◽  
Authoritarian Rule ◽  
Corrective Measures ◽  
Post War

The continuity of the administrative apparatus is an indispensable element of any state, be it a democracy or an authoritarian regime. Given that permanency is an attribute of administration, any change from authoritarianism to democracy must therefore be followed by finding adequate corrective measures to transform public administration accordingly. In post-war Germany, it was the constitutionalisation of administrative law that had the pivotal role in attaining this goal. The paper aims at shedding more light on how to view and critique the Polish departure from the administration of the PRL-era authoritarian system in the context of the path followed by Germany.

The stubbornness of authoritarianism: autocracy-to-autocracy transitions in the world between 2000 and 2015

2019 ◽  
Vol 49 (2) ◽  
pp. 139-155 ◽  
Author(s):  
Gianni Del Panta
Keyword(s):  
Regime Change ◽  
Authoritarian Regime ◽  
Authoritarian Rule ◽  
Contemporary Debate ◽  
Democratic Regimes ◽  
The World ◽  
Case Assessment

AbstractWhilst much of the contemporary debate on regime change remains concentrated on transitions to and from democracy, this paper focuses on autocracy-to-autocracy transitions, a relatively understudied but particularly relevant phenomenon. Building on an updated typology of non-democratic regimes and through a qualitative case-by-case assessment, the present paper identifies 21 transitions from one dictatorship to another, out of 32 cases of autocratic breakdown during the 2000–15 period. Hence, after the fall of a dictatorship, the installation of a new authoritarian regime was almost twice as likely as democratization. Accordingly, the paper focuses on the 21 recorded autocracy-to-autocracy transitions and examines in which non-democratic regimes a transition from an autocracy to another is more likely to occur, which peculiar forms of authoritarian rule tend to be installed, and the specific ways in which the dismantling of the previous existing authoritarian rule is achieved.

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 Ruch Nowego Życia w Chinach, 1934–1948

2021 ◽  
Vol 43 (3) ◽  
pp. 515-525
Author(s):  
Andrzej Demiańczuk
Keyword(s):  
Daily Life ◽  
Main Task ◽  
National Party ◽  
Authoritarian Rule ◽  
Republic Of China ◽  
History Of ◽  
The Republic ◽  
Post War ◽  
Sense Of Shame ◽  
Life Movement

In recent decades, there was a notable surge of interest in the history of the Republic of China (1912–1949). New Life Movement (Xin shenghuo yundong) was one of the most important en-deavours undertaken during the so-called Nanjing Decade (1927–1937) — a period of authoritarian rule of Guomindang (National Party), after the triumph of the Northern Expedition and before the outbreak of the Second Sino-Japanese War. Inaugurated in 1934, this movement sought to revive Confucian virtues and create better society through the promotion of proper behaviour (especially etiquette and hygiene). Virtues, whose realisation in daily life was stated as the goal of the Move-ment, were li — propriety, yi — right action, lian — integrity, and chi — a sense of shame. Later, these goals were expanded to include promotion of militarisation (junshihua), aesthetic uplifting (yishuhua), and improving the production (shengchanhua) in peopleʼs lifestyles. Although the New Life Movement was initiated by Chiang Kai-shek on 19 February 1934 in Nanchang, in many respects it was a continuation of previous policies. To realise the New Life Movement, the Society for the Promotion of the New Life Movement (Xin shenghuo yundong cujin hui) was founded in 1934. Members of different factions in Guomindang participated in its activities. After the first two years, the New Life Movement disappeared from the spotlight, but remained active at least until 1948. During the war, the main task of the movement was participation in war efforts and, after the conflict ended, in post-war recovery. In the end, the New Life Movement failed in realisation of its stated goals. Nevertheless, it seems that its activities were still beneficial for Guomindang’s government. This article presents an outline of history and origins of the New Life Movement, as well as describe its goals and methods. In the end, there will be an evaluation of this important and controversial movement and its place in the history of Guomindang and China.

Los «Administrative Law Judges» norteamericanos: imparcialidad administrativa y control judicial

2015 ◽  
pp. 129-162
Author(s):  
Francisco VELASCO CABALLERO
Keyword(s):  
Public Administration ◽  
Comparative Law ◽  
Administrative Law ◽  
The Public ◽  
Judicial Intervention ◽  
Administrative Agencies ◽  
Administrative Employees ◽  
Administrative Procedures ◽  
Open Issues

LABURPENA: Objektibotasuna eta Administrazioa Legeari lotuta izatea Zuzenbide Publiko Konparatuan beti irekita dauden gaiak dira. Helburu hori lortzeko, estatu bakoitzak hainbat tresna juridiko izaten ditu. Espainian, objektibotasunaren eta legezkotasunaren bermea epaileen esku utzi da, funtsean. Beste herrialde batzuek tresna administratiboak dituzte, helburu berberak lortzeko esku-hartze judizialaren beharrik gabe. Horrelakoak dira Ipar Amerikako ≪Administrative Law Judges≫ deituak. Administrazio-enplegatu independenteak dira (independentziazko estatutu ia judiziala dutenak), eta funtzio hau dute: aurkakotasun-prozedura administratiboetan interesdunei entzutea eta dagokion gaian erabaki objektibo bat proposatzea. Administrazio-agentzietako zuzendaritza-kargudunen aldean enplegatu publiko horiek duten independentziari esker, objektibotasuna eta legezkotasuna berma daiteke, esku-hartze judizialaren beharrik gabe. RESUMEN: La objetividad y la vinculacion de la Administracion a la ley son cuestiones permanentes abiertas en el Derecho publico comparado. Diversos son los instrumentos juridicos con las que, en cada Estado, se pretende alcanzar esos objetivos. En Espana, la garantia de objetividad y de legalidad se ha depositado, fundamentalmente, en los jueces. Otros paises disponen de instrumentos administrativos que, sin necesidad de intervencion judicial, pretenden alcanzar los mismos objetivos. Este es el caso de los llamados ≪Administrative Law Judges≫ del Derecho norteamericano. Son empleados administrativos independientes (con estatuto cuasi judicial de independencia) cuya funcion es oir a los interesados en los procedimientos administrativos contradictorios y proponer una decision objetiva en el correspondiente asunto. La independencia de la que disponen estos empleados publicos, respecto de los cargos directivos de las correspondientes agencias administrativas, permite asegurar la objetividad y legalidad sin necesidad de intervencion judicial. ABSTRACT : Objectivity and legality of the Public Administration are open issues in comparative law. Various are the legal instruments by means of which each nation intends to achieve those objectives. In Spain, the guarantees of objectivity and legality traditionally rely on the judicial branch of power. Other countries have displayed distinctive administrative instruments, different to judicial intervention, to achieve the same objectives. This is the case of the so-called ≪Administrative Law Judges≫ of US law. They are independent administrative employees holding quasi-judicial independent. Their task consists of conducting the hearings in contradictory administrative procedures and proposing objective decisions to the directors of the relevant administrative agencies.

Administrative Procedure and Judicial Review in France

2021 ◽  
pp. 50-52
Author(s):  
Delphine Costa
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Judicial Remedy ◽  
Individual Decisions ◽  
Laws And Regulations ◽  
Administrative Justice

This chapter describes administrative procedure and judicial review in France. In French public law, no constitutional provision provides for judicial review of administrative measures. Nor is there a convention providing for judicial review of administrative measures. This is only envisaged by the laws and regulations, in particular the Administrative Justice Code and the Code of Relations between the Public and the Administration. The administrative courts exercise extensive control over the acts or measures of the public administration, including both individual decisions and regulatory acts, but some are nonetheless beyond judicial review. Where an act or measure is contested on procedural grounds, judicial review takes place only under certain conditions: the procedural defect must have deprived the applicant of a guarantee or it must have influenced the meaning of the decision taken. Two types of judicial remedy exist in administrative law: it is therefore up to the applicant to limit their application before the administrative judge.

The Common Core of European Administrative Laws and the Pan-European General Principles of Good Administration

2021 ◽  
pp. 21-34
Author(s):  
Ulrich Stelkens
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Common Core ◽  
Methodological Approach ◽  
Administrative Law ◽  
European Convention ◽  
Council Of Europe ◽  
Institute Of Public Administration ◽  
German Research ◽  
The Common

This chapter examines a research project carried out at the German Research Institute of Public Administration and the German University of Administrative Sciences Speyer. This 'Speyer project' studies the development, content, and effectiveness of the written and unwritten standards of good administration drawn up within the framework of the Council of Europe (CoE), i.e. on the basis of its Statute (SCoE) and the European Convention on Human Rights (ECHR), which is a sort of 'second pillar' of the CoE. These CoE standards are called 'pan-European principles of good administration'. This 'Speyer project' can be understood as a counterpart to the project carried out by Giacinto della Cananea and Mauro Bussani on the Common Core of European Administrative Law (CoCEAL) as it has a similar objective: to ascertain whether, despite many differences between European systems of administrative law, there are some connecting elements, or a 'common core', and, if so, whether such 'connecting elements' can be formulated in legal terms rather than as generic idealities. However, the methodological approach of the 'Speyer project' clearly differs from the 'factual approach' adopted in CoCEAL.

Proceduralism and Automation

2020 ◽  
pp. 275-298 ◽  
Author(s):  
Carol Harlow ◽  
Richard Rawlings
Keyword(s):  
Artificial Intelligence ◽  
Public Administration ◽  
Judicial Review ◽  
Due Process ◽  
Case Law ◽  
Administrative Law ◽  
Paradigm Change ◽  
Technological Revolution ◽  
Administrative Procedure ◽  
The Impact

In this chapter, we argue that administrative procedure has become a central organising concept for administrative law. Our first theme is the steady proceduralisation of public administration experienced in recent years, in the framework of a relationship between courts and administration which we present as a two-way, non-hierarchical process. We look first at internal drivers to proceduralisation emanating from administration, notably the managerial reforms of the 1980s and the rise of regulation as a standard governance technique. We then turn to the contemporary case law of judicial review, focussing on the judicial response to, and stimulus for, administrative proceduralism. Our second theme is the idea of procedures as a repository for values and of values as an important, though often subliminal, driver of administrative procedure. We look at the potential for exchange as well as dissonance between public administration and administrative law. Our third theme concerns challenges to administrative law from the technological revolution currently under way. The impact of automation on public administration was at first rather modest; today, however, technology is taking great leaps forward—from computerisation to artificial intelligence and beyond. The innovations have so far been welcomed as beneficial—faster and more consistent administration, swifter and less costly courts and tribunals. It is time to recognise that we are facing a paradigm change, in which key values and procedures of administrative law, such as transparency, accountability, individuation, and due process, will need to be supported and sustained.

Towards Implementation of the Pan-European General Principles of Good Administration through Reforms of the Public Administration System

2020 ◽  
pp. 723-738
Author(s):  
Vache Kalashyan ◽  
Tigran Grigoryan
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Legal Order ◽  
Successful Implementation ◽  
Administration System ◽  
Full Extent ◽  
The Public ◽  
System P ◽  
The Impact

This chapter discusses the impact of the pan-European general principles of good administration on Armenian administrative law. The chapter claims that successful reform of Armenian public administration is an indispensable prerequisite for successful implementation of these principles but that there is still a long way to go. Besides this, the Armenian legal order is generally open to being shaped and influenced by the said principles and demonstrates numerous successful examples thereof. Nevertheless, the chapter highlights that usually the Armenian legislator is the only one to transfer these principles into Armenian law. It describes the reception of the pan-European general principles of good administration as still being under development in Armenia. The chapter concludes that in order to guarantee the full extent of ‘good administration’ it remains necessary that general reforming of Armenian public administration be successfully implemented.

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