Administrative Law. Constitutional Law. Delegation of Authority to Prescribe a Fair Trade Code

1941 ◽  
Vol 54 (5) ◽  
pp. 870

2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.





2019 ◽  
pp. 94-127
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford

This chapter explains the important role that public law, particularly administrative law, plays in environmental law. This role comes about because much of environmental law requires vesting decision-making and regulatory power in the hands of public decision-makers at all levels of government. This chapter begins by providing an overview of the different constituent elements of public law: constitutional law, administrative law, the role of the EU and international law, as well the complexities of this area of law. The chapter then moves on to consider the way in which the different types of interests involved in environmental problems and the need for information and expertise provide challenges for public law. The chapter then provides an overview of four major features of public law that are particularly relevant to environmental lawyers: the Aarhus Convention, accountability mechanisms, judicial review, and human rights.



Author(s):  
Heuschling Luc

This chapter analyses the position of ‘administrative law’ vis-à-vis ‘constitutional law’, and vice versa, from a comparative and historical perspective. Its primary aim is to get an exact view of how far the national legal systems in Europe converge, or diverge, with respect to the relationship between constitutional and administrative law. However, pleading the thesis of an Ius commune Europaeum (i.e., the existence of a common legal view in Europe) requires an in-depth analysis of all European countries, without excluding individual cases that do not fit into the mainstream (particularly the United Kingdom and Sweden). Only then can any thesis of unity amongst diversity be truly persuasive. In addition, the secondary aim of this chapter's investigation is to get a better theoretical understanding of administrative law in general.



1937 ◽  
Vol 31 (4) ◽  
pp. 659-679
Author(s):  
J. A. C. Grant

The invalidation and consequent abandonment of the N.I.R.A. did not bring to an end the trends of which it was, in fact, merely a manifestation rather than a cause. Section 7a had its precursors in the Railway Labor Act of 1926, the Norris Anti-Injunction Act of 1932, and similar state laws, and has been carried over in the National Labor Relations Act. The price maintenance provisions of the codes were the result of years of effort on the part of the American Fair Trade League to legalize resale price maintenance contracts. Today, various state Fair Trade Acts go much farther than the codes dared to go in establishing resale price maintenance even apart from privity of contract. Trade associations have continued their efforts to “rationalize” industry through the collection of statistics on capacity, production, sales, and prices, trusting that the courts will permit this to be done through a more liberal interpretation of the anti-trust laws. Pending further national legislation to be built upon the broader interpretation of the commerce power enunciated in the Labor Relations Act decisions, business efforts to set minimum prices have been carried on under a mantle of state and local legislation. Various trades and professions, desiring to carry forward their efforts to standardize minimum working conditions and professional practices in their fields, have also sought the aid of the states and of their local governments. Consequently, much of the work of the state courts during the year 1936–37 concerned the validity of these undertakings. There was also the normal run of cases in the various fields of state constitutional law. As last year (see this Review, Aug., 1936, pp. 692–712), the decisions will be discussed under the following headings: (1) separation and delegation of powers; (2) inter-governmental relations; (3) individual rights: procedural; (4) individual rights: substantive; and (5) fiscal powers. However, the nature of the material has necessitated a complete rearrangement of the subject-matter within each heading.



1936 ◽  
Vol 34 (8) ◽  
pp. 1241
Author(s):  
J. B. B.




2010 ◽  
Vol 28 (2) ◽  
pp. 435 ◽  
Author(s):  
Susan Rose-Ackerman ◽  
Peter L. Lindseth

Comparative administrative law is emerging as a distinct field of inquiry after a period of neglect. To demonstrate this claim, the authors summarize their edited volume on the topic – a collection that aims to stimulate research across legal systems and scholarly disciplines. After a set of historical reflections, the authors consider key topics at the intersection of administrative and constitutional law, including the contested issue of administrative independence. Two further sections highlight tensions between expertise and accountability, drawing insights from economics and political science. The essay then considers the changing boundaries of the administrative state – both the public–private distinction and the links between domestic and transnational regulatory bodies, such as the European Union. The essay concludes with reflections on a core concern of administrative law: the way individuals and organizations across different systems test and challenge the legitimacy of public authority.Le droit administratif comparé est en train de se manifester comme domaine d’étude distinct suite à une période pendant laquelle il a été négligé. Pour démontrer cette affirmation, les auteurs présentent un sommaire du volume à ce sujet dont ils dirigent la publication – une collection qui vise à stimuler la recherche au sein de divers systèmes juridiques et diverses disciplines d’érudition. Après une série de réflexions historiques, les auteurs traitent de questions–clés qui relèvent en même temps du droit administratif et du droit constitutionnel, y compris la question controversée de l’indépendance administrative. Deux autres sections mettent en lumière des tensions entre l’expertise et l’obligation de rendre compte, puisant dans les sciences économique et politique. L’article traite ensuite des limites changeantes de l’état administratif – d’une part, quant à la distinction public–privé et d’autre part, quant aux liens entre les organismes de réglementation domestiques et transnationaux, telle que l’Union européenne. L’article se termine avec des réflexions sur une préoccupation de fond du droit administratif : la façon dont les individus et les organisations dans des systèmes différents mettent à l’épreuve et contestent la légitimité de l’autorité publique.



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