THE STATUS OF COMPARATIVE ADMINISTRATIVE LAW: A COMPARISON BETWEEN FRENCH AND BELGIAN LEGAL EDUCATION

2017 ◽  
Vol 9 (1) ◽  
pp. 47
Keyword(s):  
Legal Education ◽  
Administrative Law ◽  
The Status

scholarly journals DETERMINING INDIVIDUAL CATEGORIES OF ADMINISTRATIVE PROCEDURES FOR PUBLIC REGISTRATION OF CIVIL STATES WITH ACCOUNTING OF LEGISLATIVE TRANSFORMATIONS

2019 ◽  
pp. 170-173
Author(s):  
O. H. Pohrebniak
Keyword(s):  
Administrative Law ◽  
The Public ◽  
Administrative Procedure ◽  
Modern Development ◽  
The Status ◽  
Civil Status ◽  
Administrative Procedures ◽  
State Registration ◽  
Administrative Proceedings ◽  
Theoretical Developments

The article defines certain peculiarities of administrative proceedings of state registration of marriage and establishment of paternity in Ukraine. It has been established that the procedures for state registration of acts of civil status are types of administrative procedures, it should first be noted that the general normative act which should define the notions and peculiarities of such procedures should be the Law of Ukraine “On the administrative procedure” 2018, which at present time is a project and submitted to the VerkhovnaRada of Ukraine for consideration. As a rule, scholars agree that the administrative procedure is directly related to the activities of the public administration and is an established algorithm for the functioning of the subjects of power. In this case, the procedures for state registration of acts of civil status are no exception. They are a kind of administrative procedures and implemented by state authorities, and in certain cases, and by local self-government bodies. At the same time having its own peculiarities regarding the procedure for implementation and the subject structure of such procedures. It has been established that the modern development of domestic administrative legislation and the practice of its application testifies that at present the administrative procedure as an independent component of administrative law has not yet been fully formed, although, given the active theoretical developments of the representatives of the administrative and legal science on the pages of scientific, journalistic and educational publications concerning the concept, features, types and structure of administrative procedures, and referring to the active legislative development of this tyranny, it is safe to say that the process of the administrative procedure in the structure of administrative law is actively continuing. Therefore, on the basis of theoretical developments and practical features, the author’s understanding of the concept of “administrative procedure of state registration of acts of civil status” is determined. In addition, given the specific features of administrative proceedings for state registration of civil status acts, as well as for a more complete clarification of the status and authority of all participants in certain administrative procedures, the necessary additional introduction of the concept of “implementation of the administrative procedure” is argued. Such category will allow to find out the place, role and authority not only of the administrative body, but also other participants in administrative proceedings. Thus, under the implementation of an administrative procedure, it should be understood as the observance, execution, use and application of procedural steps directed at the consideration and resolution of an administrative case.

Administrative Law Values and National Security Functions

2020 ◽  
pp. 634-655
Author(s):  
Laura A. Dickinson
Keyword(s):  
National Security ◽  
Administrative Law ◽  
Comparative Case Study ◽  
Limited Extent ◽  
The Core ◽  
The Us ◽  
The Status ◽  
Executive Discretion ◽  
The Uk

This chapter focuses on the case of extraterritorial military detention by the US and the UK—two countries that quickly deployed and then repeatedly refined their detention policies during the nearly two decades following the terrorist attacks of September 11, 2001. Military detention is arguably one of the quintessential national security functions where deference to executive discretion is strongest. As such, it is an activity that differs markedly from the types of practices that form the core work of many domestic administrative agencies, and administrative law scholarship tends to ignore the national security domain. Yet even here, in a realm seemingly so insulated from administrative law norms, agencies in both the US and the UK have implemented a variety of administrative rules and procedures, as well as non-judicial administrative tribunals to assess the status of detainees. Although the US and the UK followed different pathways, both countries have ultimately come to embrace administrative law frameworks for military detention. And both countries have gradually moved to protect, at least to a limited extent, the core administrative law values of rationality, transparency, participation, and procedural protection even as they have rejected fully judicialized detention processes. This comparative case study therefore illustrates the significance of administrative law values in the area of national security and points toward the need for further scholarship at the intersection of national security law and administrative law.

Comparing Experiential Legal Education in Canada and India

2020 ◽  
pp. 232200582094669
Author(s):  
Rhea Roy Mammen
Keyword(s):  
United States ◽  
Experiential Education ◽  
Present Status ◽  
Legal Education ◽  
The United States ◽  
The World ◽  
The Status ◽  
Education In India ◽  
Catch Up ◽  
Different Levels

Legal education has evolved over several centuries across the globe, and its effectiveness is a matter of significant concern not merely for legal practitioners but also for society in general. One approach that has been gaining considerable attention is the concept of experiential legal education, which is at different levels of implementation across the world. Countries such as the United States and Canada have been pioneers in implementing this form of legal education, which is also known as clinical legal education (CLE), whereas India is striving to catch up. This article attempts to inspect and compare the development and implementation of CLE in Canada and India. The findings from the comparison are then utilized to inform the way ahead for CLE in India. While pursuing this objective, the article also examines the concept of experiential education, in general, and in the context of legal education, in particular. Moreover, insights are provided regarding CLE. The status of experiential legal education in Canada is reviewed, and the author’s experience in Canada under the Shastri Research Student Fellowship (SRSF) is detailed to provide the author’s insights regarding the implementation of experiential legal education in Canada. The evolution of experiential legal education in India is also detailed, together with insights regarding the regulations of the Bar Council of India (BCI) as are relevant to CLE. Finally, the article compares the author’s opinion of the present status of CLE in Canada and India and provides recommendations to enhance the future implementation of CLE in India.

Current state of activity of public governance bodies in the field of waste management

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Svitlychnyy Oleksandr ◽  
◽  
Gavrylyuk Oleksandr ◽  
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Governance ◽  
Public Authorities ◽  
Administrative Functions ◽  
Current State ◽  
The Status ◽  
Management Functions ◽  
Waste Handling

The article is devoted to the study of the activities of public administration authorities in the field of legal waste handling. Normative legal acts are analyzed, scientific opinions on the important role of administrative authorities are presented, the role of administrative law in the researched sphere is emphasized. It is proved that the regulation of relations in the field of waste handling is impossible without a system of public administration entities, which in accordance with laws and other regulations, within their competence are designed to solve the tasks of the state. It is identified that in addition to the executive authorities, other subjects of administrative law that do not belong to public authorities can have certain administrative functions in the field of waste handling. They can be legal entities and collective entities that have the status of a legal entity. In some cases, regulations may provide for the involvement of individuals of private law to implement management functions in the field of waste handling. Keywords: entities, public administration, waste, activity, normative legal acts

To the Question about Terminology Optimization for the Theory of Public Administration and Administrative Law in the Context of Understanding Efficient, Good, Reasonable Public Governance

2016 ◽  
Vol 4 (7) ◽  
pp. 0-0
Author(s):  
Юрий Аврутин ◽  
Yuriy Avrutin
Keyword(s):  
Public Administration ◽  
Public Management ◽  
Control Function ◽  
Academic Discipline ◽  
Administrative Law ◽  
Public Governance ◽  
Specific Content ◽  
Control Functions ◽  
The Status ◽  
Concept Of Function

The article analyzes the approaches of the theory of public management and administrative law to such concepts as public governance, public administration and regulation, proves inexpediency of the use of the wide approach to understanding public administration; analyzes a pproaches to understanding control functions and managerial functions, suggests the author’s definition of the concept of “function” and “control function”, proves the expediency of using such concepts as functions-tasks and functions-operations. The author pays special attention to problematic issues of understanding governance as efficient, good, proper, reasonable governance, reveals general and specific content of these concepts, proves that they are conventional concepts and serve as qualitative characteristics of public governance and are of a doctrinal political-legal and axiological nature. As doctrinal concepts, they can influence modernization of the administrative law paradigm as a science, academic discipline, and a branch of legislation. The use of these concepts for instrumental purposes can help to specify criteria and indices, applied during the assessment of the status of public governance, actions and decisions of public administration agencies and functionaries, to the level of common sense, reflecting social feeling of citizens on the way to overcome estrangement between power and population, which is traditional for Russia.

scholarly journals Legal Education in Ireland: A Paradigm Shift to the Practical?

2010 ◽  
Vol 11 (9) ◽  
pp. 1067-1092 ◽  
Author(s):  
Marie-Luce Paris ◽  
Lawrence Donnelly
Keyword(s):  
General Structure ◽  
Legal Education ◽  
Bologna Process ◽  
Education Programme ◽  
Traditional View ◽  
Holistic View ◽  
The Status ◽  
The Face ◽  
Student Centred Learning ◽  
Approximate Cost

AbstractIrish legal education is under increasing pressure to reform and reinvent itself in the face of various challenges, especially those implied by the Bologna process. In line with two of the main priorities of the process, namely employability and student-centred learning, a growing number of Irish law faculties have incorporated, or are planning to incorporate, more practice-related components into the law curriculum and, in some cases, a fully fledged Clinical Legal Education programme. This is an important shift in the paradigm of legal education in Ireland which should be welcomed and encouraged by all stakeholders – students, academics, practitioners, judges and those involved in myriad capacities in the administration of justice.In the first part, a comprehensive presentation is given about the general structure of legal education in Ireland dealing with the main legal education providers, academic and professional requirements for legal training, as well as figures on the legal population and the approximate cost of legal education. The second part goes on to consider three views about the role of practice in Irish legal education, namely the ‘traditional’ view, the ‘holistic’ view and the ‘clinical’ view. These schematically presented views reflect different perspectives on the nature and purpose of legal education. They do not necessarily compete with each other, especially the last two which could arguably complement one another in the general renewal that Irish legal education is facing at the moment. The traditional view is that the status quo, i.e., in which practical elements are not a big feature of legal education at third level, has worked well and should, more or less, be preserved. The holistic view encourages the teaching of some element of practical preparation, but that this can best be provided to students by third level institutions through interdisciplinary courses that put law in context. The view which favours clinical legal education is that more can, and indeed should, be done to enhance the preparation of students for law practice, although it has to be pondered in light of economic realities, competing views about pedagogy and the Bologna context.

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