Administrative Law and the Constitution

1929 ◽  
Vol 23 (1) ◽  
pp. 32-46
Author(s):  
Marvin B. Rosenberry
Keyword(s):  
Political Theory ◽  
Separation Of Powers ◽  
Administrative Law ◽  
Great Work ◽  
The People ◽  
Explicit Statement ◽  
English Speaking ◽  
The Subject ◽  
The Government ◽  
English Speaking World

In the constitution of Massachusetts is found the following: “In the government of this commonwealth the legislative department shall never exercise the executive and judicial powers or either of them; the executive shall never exercise the legislative and judicial powers or either of them; the judicial shall never exercise the legislative and executive powers or either of them; to the end it may be a government of laws and not of men.” This is probably the most explicit statement of the doctrine of separation of powers to be found in the constitution of any of the states of this Union. While the doctrine has been set forth in other constitutions in other language, the constitutions of all the states as construed and interpreted have come to have substantially the same meaning. For more than a century, lawyers, courts, political scientists, publicists, and the people generally regarded the separation of the government into coördinate departments as one of the corner-stones of our liberties.Montesquieu, who had no doubt derived his ideas upon the subject from the writings of Locke and a study of English law, in 1748 published his great work, The Spirit of Laws. In this treatise he gave a new exposition of the doctrine of separation of powers and the reasons for it, in a form which gave it wide currency in the English-speaking world; but this exposition was intended by Montesquieu to be a statement of political theory, and was so accepted by political writers of the time.

Construction of an Achievement Test in General Science for Class IX Based on NCERT Syllabus

2018 ◽  
Vol 6 (26) ◽  
Author(s):  
Sailendra Bhuyan ◽  
Punita Borpuzari Deori
Keyword(s):  
Assessment Tool ◽  
Subject Area ◽  
Achievement Test ◽  
General Science ◽  
School Students ◽  
The People ◽  
The Subject ◽  
The Government ◽  
Time Changes ◽  
Teaching Learning

Achievement test is of very important assessment tool to evaluate the student’s current level of knowledge and skill acquired from classroom instruction. This test is designed to evaluate the student’s level of achievement in a particular subject for a particular class prescribed under the board or the university. In other words, to assess how much the pupils have achieved the educational objectives in teaching learning process at the end of the course and if achieved then to what extent, it has been achieved. Achievement tests are proved to be very helpful in various ways to the people who are involved in the field of education such as the teachers, the administrators, the planners, to the parents as well as for the students. The teacher very carefully develops and conduct achievement test in the class which enable the teacher to get an overall idea of the progress or the level of achievement of his students in the subject area. The teacher can determine the pupil’s strength and weakness in the subject area. So, based on this the teacher can take necessary remedial instructional strategies for the betterment of the pupil’s progress. In the same time, it also provides feedback for the teaching efficiency of the teacher.As with the time changes there have been many educational reforms taken place and in between syllabus had also been changed under different Boards of Studies. In order to maintain uniform standard of education the Government has formulated a policy to implement NCERT syllabus common to all School Boards throughout the country and accordingly the State Board of Secondary Education, Assam (SEBA) follow NCERT syllabus and to evaluate students’ achievement in terms of the policy formulated by the Board. Till now, no any standardized achievement test has been conducted for the secondary school students of Assam. Therefore, the investigators felt to construct and standardize an achievement test in the subject General Science which will definitely help in educational research.

‘Inevitable and Unacceptable?’ Methodological Rawlsianism in Anglo-American Political Philosophy

1998 ◽  
Vol 46 (2) ◽  
pp. 276-294 ◽  
Author(s):  
Wayne Norman
Keyword(s):  
Political Philosophy ◽  
Political Theory ◽  
Common Sense ◽  
Recent Literature ◽  
Parallel Tasks ◽  
Profound Influence ◽  
Political Theories ◽  
English Speaking ◽  
Anglo American ◽  
English Speaking World

This article attempts two parallel tasks. First, it gives a sympathetic explication of the implicit working methodology (‘Methodological Rawlsianism’) of mainstream contemporary political theory in the English-speaking world. And second, principally in footnotes, it surveys the recent literature on justification to see what light these debates cast on the tenets of this methodology. It is worth examining methodological presuppositions because these can have a profound influence on substantive theories: many of the differences between philosophical traditions can be traced to their methodologies. My aim is to expose the central features of methodological Rawlsianism in order to challenge critics of this tradition to explain exactly where and why they depart from the method. While I do not defend it at length, I do suggest that methodological Rawlsianism is inevitable insofar as it is basically a form of common sense. This fact should probably lower expectations about the amount of progress consistent methodological Rawlsians are likely to make in grounding comprehensive normative political theories.

15. Contracts

2021 ◽  
pp. 599-644
Author(s):  
Timothy Endicott
Keyword(s):  
Service Providers ◽  
Administrative Law ◽  
Government Contracts ◽  
Public Agencies ◽  
New Model ◽  
Legal Relationship ◽  
The People ◽  
The Law ◽  
The Government ◽  
The Relationship

Contracts are used to structure the legal relationship between government and private service providers. Contract also forms a new model both for relationships between public agencies and for the relationship between the government and the people it serves. The challenge for the government is to deliver services with integrity, with equity, and with efficiency. The challenge for administrative law is to provide forms of accountability that do what the law can do to promote those goals. This chapter discusses government by contract and proportionate administration, accountability and efficiency, capacity to contract, and how the law controls government contracts.

15. Contracts

2018 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Service Providers ◽  
Administrative Law ◽  
Government Contracts ◽  
Public Agencies ◽  
New Model ◽  
Legal Relationship ◽  
The People ◽  
The Law ◽  
The Government ◽  
The Relationship

Contracts are used to structure the legal relationship between government and private service providers. Besides this, contract also forms a new model both for relationships between public agencies, and for the relationship between the government and the people it serves. The challenge for the government is to deliver services with integrity, with equity, and with efficiency. The challenge for administrative law is to provide forms of accountability that do what the law can do to promote those goals. This chapter discusses government by contract and proportionate administration, accountability and efficiency, capacity to contract, and how the law controls government contracts.

Political Theory: Truth and Consequences

1958 ◽  
Vol 11 (1) ◽  
pp. 89-102 ◽  
Author(s):  
Robert A. Dahl
Keyword(s):  
Literary Criticism ◽  
Small Group ◽  
Political Theory ◽  
Textual Criticism ◽  
Historical Analysis ◽  
The West ◽  
English Speaking ◽  
English Speaking World ◽  
Communist Countries

Bertrand de Jouvenel is one of a very small group of writers in our own time who make a serious effort to develop political theory in the grand style. In the English-speaking world, where so many of the interesting political problems have been solved (at least superficially), political theory is dead. In the Communist countries it is imprisoned. Elsewhere it is moribund. In the West, this is the age of textual criticism and historical analysis, when the student of political theory makes his way by rediscovering some deservedly obscure text or reinterpreting a familiar one. Political theory (like literary criticism) is reduced to living off capital—other people's capital at that.

The Federal Administrative Procedure Act

1947 ◽  
Vol 41 (2) ◽  
pp. 271-281 ◽  
Author(s):  
Foster H. Sherwood
Keyword(s):  
Separation Of Powers ◽  
The United States ◽  
Administrative Law ◽  
Turn Of The Century ◽  
Administrative Process ◽  
Administrative Procedure ◽  
Separation Theory ◽  
The Subject ◽  
Bar Association ◽  
Separate Discipline

The President's signature of the new Administrative Procedure Act completed the second or legislative phase of the reform of administrative procedure which began with the introduction and passage of the ill-fated Walter-Logan bill in 1939–40. The investigatory phase which preceded it had its beginning in the reluctant recognition accorded administrative law as a separate discipline at about the turn of the century. The refusal to recognize the existence of administrative law gave way before a volume of literature on the subject, and became transformed into a criticism of the administrative process itself. The movement for reform of which the act of 1946 was the culmination has come largely in answer to these criticisms. Ignoring differences in phraseology and attacks on specific agencies, most critics appear to agree on the following arguments:(1) The administrative process is essentially dangerous in that it ignores the traditional American theory of the separation of powers, a principal protection against tyranny and dictatorship in the United States. This argument may appear in several forms. Sometimes it is said that administrative law is to be deplored because it is typical of alien countries which are not as advanced politically as we. In the hands of the American Bar Association, this argument is used to point up dangers inherent in any system that has a tendency to limit judicial review. And sometimes the allegation is merely that the administrative process is a violation of the separation theory, leaving the evils of such a violation to implication.

scholarly journals The Existence of Legal Protection of Citizens to Government Action in Making Decision of State Administrative

2018 ◽  
Vol 54 ◽  
pp. 03001
Author(s):  
Enny Agustina
Keyword(s):  
Civil Law ◽  
Legal Protection ◽  
Administrative Law ◽  
Legal Certainty ◽  
Government Action ◽  
Legal Decisions ◽  
Library Research ◽  
The People ◽  
The Government ◽  
Dutch Literature

Government in administrative law considered as a unit, as an authorized body. Therefore, it is authorized to establish action, according to administrative law, and affect the legal circumstances of others, or to carry out legal action (under the civil law) in the meaning of government bodies legally. The dutch literature interpreted administrative with the terms administrative recht with administrative besturen. Besturen has a functional meaning to means the function of governance, and institutional or structural whole organs of government. Bestuur is an environment outside formation of regulations (regulgeving), and judicature (rechtspraak). The data of this research was collected by library research. This research aims to know the form of legal protection for the people to government action based on the concept of State Administrative Law. The result of this research shows that Legal decisions were those which fulfill formal and material requirements. This was based on the presumptive principle of rechtmatig, that was het vermoeden van rechtmatigheid or presumtio justea causa (every decisions issued by the government or the administrative of the state were considered lawful). This principle means that every decision was not revoked, unless there was a vernietiging of the court closely related to the principle of legal certainty (rechtszekerheidbeginsel).

The Separation of Powers in Local Government in Nigeria

1992 ◽  
Vol 36 (1) ◽  
pp. 43-51 ◽  
Author(s):  
K. S. A. Ebeku
Keyword(s):  
Decision Making ◽  
Local Government ◽  
Community Development ◽  
Separation Of Powers ◽  
Community Action ◽  
Effective Control ◽  
Local Resources ◽  
The People ◽  
The Government ◽  
Democratic Nation

In a democratic nation, local government is the government of the people, by the people and for the people at the grassroots levels. That is, the government nearest or closest to the people. It is at the level of local government that community action in respect of community development programmes is most effective; it is also the level where democratic processes and decision-making by consensus are traditionally entrenched; where rivalries and tensions are reduced to a minimum; where local resources and patriotism are easily called to the service of the community; and, very importantly, where the people are normally confident of effective control of their own government.

Statistics and the Conversion of the Roman Aristocracy

1995 ◽  
Vol 85 ◽  
pp. 135-147 ◽  
Author(s):  
T. D. Barnes
Keyword(s):  
Religious Change ◽  
Major Advance ◽  
Important Distinction ◽  
Imperial Rome ◽  
The Public ◽  
Famous Paper ◽  
English Speaking ◽  
The Subject ◽  
Historical Phenomenon ◽  
English Speaking World

In a justly famous paper published in 1961, Peter Brown set out a model for understanding the historical process whereby the formerly pagan aristocracy of imperial Rome became overwhelmingly Christian during the course of the fourth and fifth centuries. Brown's paper has deeply influenced all who have subsequently studied this historical phenomenon, at least in the English-speaking world. Since this article argues that the Roman aristocracy became Christian significantly earlier than Brown and most recent writers have assumed, it must begin by drawing an important distinction. Brown's paper marked a major advance in modern understanding because it redirected the focus of scholarly research away from conflict and confrontation, away from the political manifestations of paganism culminating in the ‘last great pagan revival in the West’ between 392 and 394, away from episodes which pitted pagan aristocrats of Rome against Christian emperors, away from ‘the public crises in relations between Roman paganism and a Christian court’, towards the less sensational but more fundamental processes of cultural and religious change which gradually transformed the landowning aristocracy of Italy after the conversion of Constantine. This change of emphasis was extremely salutary in 1961, it has permanently changed our perception of the period, and it entails a method of approaching the subject which remains completely valid. Unfortunately, however, Brown also adopted prevailing assumptions about the chronology of these changes which are mistaken, on the basis of which he asserted that the ‘drift into a respectable Christianity’ began no earlier than the reign of Constantius. The evidence and arguments set out here indicate that the process began much earlier and proceeded more rapidly than Brown assumed, but they in no way challenge the validity of his approach to understanding the nature of the process.

scholarly journals KERAJINAN MOSAIK DI DESA KENDERAN TEGALLALANG GIANYAR

2018 ◽  
Vol 8 (1) ◽  
pp. 90
Author(s):  
I Kadek Agus Edi Yudana . ◽  
Dr. I Ketut Sudita, M.Si . ◽  
Dra. Luh Suartini, M.Pd. .
Keyword(s):  
Cutting Tool ◽  
International Market ◽  
Qualitative Approach ◽  
The People ◽  
The Subject ◽  
Glass Cutting ◽  
The Government ◽  
Wall Decoration ◽  
Mosaic Glass ◽  
Spray Gun

Judul penelitian ini adalah ”Kerajinan mosaik di desa Kenderan Tegalalang Gianyar”. Masalah yang dibahas pada penelitian sebagai berikut : (1) Bagaimana keberadaan kerajinan mosaik di desa Kenderan (2) Bahan dan alat apa saja yang dimanfaatkan untuk membuat kerajinan mosaik (3) Bagaimana proses pembuatan kerajinan mosaik kaca (4) Apa saja jenis-jenis kerajin mosaik yang terdapat di desa Kenderan Tegalalang Gianyar. Metode yang digunakan dalam penelitian ini adalah deskriptif dengan pendekatan kualitatif. Subjek penelitian ini adalah artshop-arshop mosaik di desa Kenderan. Pengumpulan data dalam penelitian ini dilakukan dengan teknik observasi, wawancara, dokumentasi, dan kepustakaan. Hasil-hasil yang ditemukan dalam penelitian ini adalah: (1) keberadaan kerajinan mosaik mulai berkembang tahun 2007 di desa Kenderan hingga saat ini dikarenakan sebelum tahun 2007 kerajinan kayu menurun sehingga masyarakat di desa Kenderan beralih ke kerajinan mosaik kaca. (2) bahan dan alat yang digunakan untuk membuat kerajinan mosaik kaca sebagai berikut. Bahan yang digunakan seperti : kaca, kayu, MDF, gerabah, lem fox, nat MU, cat impra, dan thinner. Adapun alat yang digunakan seperti : alat pemotong kaca, penggaris kayu, geregaji besi, kuas, spray gun, kompresor, amplas dan spon busa. (3) proses dilakukan dalam pembuatan kerajinan mosaik kaca adalah sebagai berikut : a.pemilihan bahan kaca, b.pemilihan alas atau landasan, c.Pemotongan kaca, d.pembuatan pola landasan, e.pemasangan kaca ke landasan, f. pemasangan nat dan g. finishing. (4) Jenis-jenis produk seni kerajinan mosaik di desa Kenderan adalah sebagai berikut : a.mosaik cermin lingkaran, b.mosaik cermin persegi, c.mosaik cermin fauna, d.mosaik tempat buah, e.mosaik tempat dupa, f.mosaik asbak, g.mosaik hiasan dinding berbentuk fauna, h.mosaik hiasan dinding berbentuk gitar, i.mosaik tulisan, dan j. mosaik pas bunga atau guci. Dapat disimpulkan bahwa Kerajinan mosaik berkembang tahun 2007 di desa Kenderan, dalam proses pembuatan menggunakan beberapa bahan dan alat, adapun beberapa proses yang dilakukan dalam pembuatannya. Produk yang sudah dibuat seperti mosaik cermin berbentuk geometris dan fauna, tempat buah dan dupa, hiasan dinding berupa fauna dan gitar, mosaik berbentuk tulisan dan mosaik berbentuk guci dan pas bunga. Saran Untuk menumbuh kembangkan produk kerajinan mosaik di desa Kenderan. Disarankan agar pemerintah lebih memperhatikan terkait dengan memberikan pembinaan kepada para pengerajin dalam bidang pemasaran dan pengembangan bentuk desain. Kepada para pengerajin agar terus berkarya dan mengembangkan karyanya hingga menembus pasar internasional. Untuk Peneliti selanjutnya yang akan meneliti karya kerajinan mosaik kaca di desa Kenderan diharapkan untuk menambahkan aspek sejarah dari artshop-artshop yang ada di desa KenderanWayan, serta memasukan aspek pemasaran dan manajemen dalam pembuatan produknya. Kata Kunci : Kerajinan, Mosaik kaca The title of this research is "The mosaic craft at Kenderan Tegalalang village, Gianyar ". The problems discussed in this study were as follows : (1) The existence of mosaic craft at Kenderan Tegalalang village, (2) What materials and tools were used to make the mosaic craft (3) The process of making the glass mosaic craft (4) What kinds of mosaic crafts were found at KenderanTegalalang village.The method used in this research was descriptive with qualitative approach. The subject of this research was the mosaic art shops at Kenderan village. The process of collecting data in this research was conducted through observation, interview, documentation, and bibliography. The results that found in this research were: (1) the existence of mosaic craft firstly developed at Kenderan village in the year of 2007 till today because before the year of 2007 the wood craft decreased and the people at Kenderan village switch their interest to glass mosaic craft. (2) The materials and tools were used to make the glass mosaic craft as follows: a glass, a wood, a MDF, a pottery, glue, a fox, a nat MU, an impra paint, and a thinner. The tools used such as: a glass cutting tool, a wood ruler, a railing iron, a brush, spray gun, a compressor, a sand paper and a sponge foam. (3) The process in making mosaic glass craft were as follows: a. selecting the glass materials, b. selecting the base or foundation, c. cutting the glass, d. making the grounding pattern, e. installing the glass to the base, f. installing the nat and g. finishing. (4) The types of mosaic craft art products at Kenderanvillage were as follows: the circular mosaic mirror , the square mosaic mirror, the fauna mosaic mirror, mosaic of the fruit place, mosaic incense, f. mosaic ashtray, g) mosaic ornament of fauna-shaped wall, mosaic of wall hangings of guitar shaped, written mosaic , and j. flower-fitting mosaic or jar. It can be concluded that Mosaic handicraft developed in the year of 2007 at Kenderan village. Actually, the process of making the object used some materials and tools. There were several processes in creating the mosaic crafts. Products that had been made such as geometric mirror mosaic and fauna, fruit and incense place, wall decoration of fauna and guitar, written mosaic shaped and mosaic shaped urn and flower fit. There were also the suggestions to grow the mosaic craft product atKenderan village. It was necessary for the government to give more attention related to providing the construction to the craftsmen in the field of marketing and the development of the design form. All of the craftsmen need to continue to work and develop the creation in order to penetrate the international market. For further researchers who will investigate the handicraft of mosaic glass at Kenderan village were expected to add the historical aspects of each art shops atKenderanvillage, Gianyar. They also were expected to enter the aspects of marketing and managing the manufacture of its products. keyword : Handicraft, Glass Mosaic

Sign in / Sign up

Export Citation Format

Share Document