A Study on the Chinese Procuratorate Control over Administrative Actions

Author(s):  
JIN YAN
2020 ◽  
pp. 33-48
Author(s):  
Theodore M. Porter

This chapter explains that, as with the methods of natural science, the quantitative technologies used to investigate social and economic life work best if the world they aim to describe can be remade in their image. Numbers alone never provide enough information to make detailed decisions about the operation of a company. Their highest purpose is to instill an ethic. Measures of profitability — measures of achievement in general — succeed to the degree they become “technologies of the soul.” They provide legitimacy for administrative actions, in large part because they provide standards against which people judge themselves. Grades in school, scores on standardized examinations, and the bottom line on an accounting sheet cannot work effectively unless their validity, or at least reasonableness, is accepted by the people whose accomplishments or worth they purport to measure. When it is, the measures succeed by giving direction to the very activities that are being measured. In this way, individuals are made governable; they display what Foucault called governmentality. Numbers create and can be compared with norms, which are among the gentlest and yet most pervasive forms of power in modern democracies.


Author(s):  
Ferdinand Wollenschläger ◽  
Johannes Stapf

The foundations of the present law in Germany can be succinctly stated as follows. First, a provision on public authority liability may be found in the constitution (the Grundgesetz) as well as in the Civil Code, the scope and relationship of which remain to be determined. Second, as a general rule, primary legal protection enjoys priority over secondary legal protection, i.e. claimants must bring a prior administrative appeal or complaint before being entitled to damages. Third, there is a rich variety of rules governing administrative liability: old and new, general and sector-specific, procedural and substantive. Although such rules are generally based on the existence of illegality, exceptionally lawful administrative actions may give rise to compensation.


2009 ◽  
Vol 6 (2) ◽  
pp. 499-512 ◽  
Author(s):  
Ayelet Berman ◽  
Joost Pauwelyn

AbstractThe WTO's initial reaction to the 2008–2009 financial crisis was taken mainly by its managerial arm, that is, by the Director-General (DG) and the Secretariat and not by its legislative or judicial bodies. This is a novelty for the WTO and illustrates the emergence, even at the otherwise hard-law WTO, of informal administrative actions that go beyond the traditional member-dominated WTO. The actions were in two areas: The DG convened trade finance expert meetings with other organizations and private banks, and the Secretariat prepared reports on trade-related measures enacted across the globe in response to the crisis. The article examines these actions in light of certain concepts and principles of the GAL project. Overall, the Director-General was sensitive in his actions to GAL principles.


2009 ◽  
Vol 29 ◽  
pp. 371-385
Author(s):  
Byron W. Daynes ◽  
Glen Sussman

George W. Bush suggested during the 2000 campaign for the presidency that he would be an eco-friendly president. During his eight years in the White House, did the president use the power and resources of his office to carry out his campaign rhetoric about protecting the environment? This study examines the Bush approach to environmentalism by focusing on four important perspectives— political communication, legislative leadership, administrative actions, and environmental diplomacy—in an effort to better understand Bush’s environmental record. After a careful evaluation of the Bush presidency and the environmental domain, we offer our judgment about the Bush environmental legacy.


Author(s):  
Conor McCormick

This chapter analyses judicially developed standards for reviewing administrative actions in the United Kingdom between 1890 and 1910. By exploring the context, reach, types, and frequency of judicial review during that timeframe—fin de siècle—this historical analysis reveals both significant changes and significant continuities by comparison with twenty-first century standards. The chapter concentrates in particular on reported cases which undermine the Diceyan claim that administrative law did not exist in the United Kingdom during this timeframe; and reflects on the inconsistencies that pervaded that body of law. It concludes that some judges tended to deploy concepts which had the effect of restraining administrative actions, whereas other judicial constructs tended to facilitate the administrative arrangements contested in court. As such, it recommends that the role of judicial review at this time should be characterized with this duality of purpose firmly in mind.


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