The French Council of State: Its Role in the Formulation and Implementation of Administrative Law

1955 ◽  
Vol 49 (3) ◽  
pp. 673-692 ◽  
Author(s):  
Georges Langrod
Keyword(s):  
Administrative Law ◽  
Creative Task ◽  
Legal Thought ◽  
Judicial Practice ◽  
The Moment ◽  
Legal Concepts ◽  
Council Of State ◽  
Creative Construction ◽  
Administrative Tribunal

In order to understand the nature, evolution, and basic conceptions of French administrative law, it is essential to study the role of the Conseil d'État, the supreme administrative tribunal. Creative and dynamic, often even bold, the jurisprudence of this remarkable body remains nevertheless prudent and fundamentally evolutionary. One would search in vain for the major principle of French administrative law in the legislative texts; they have been developed by the jurisprudence of this Council as it proceeds, by a series of successive decisions, from specific cases to ultimate yet flexible generalizations, establishing basic legal concepts not only by the skillful interpretation of texts, but also by creative construction when the texts are silent. Together with its doctrinal achievements, the Council's usus fori or judicial practice forms a flexible source of principles applicable to specific cases. The legislator may regulate according to circumstances and the necessities of the moment, without concerning himself with general principles or even conforming rigorously to those created by jurisprudence and theory. But the administrative judge, in administering justice, performs a genuinely creative task and establishes bases for legal thought.

scholarly journals Nullity of Administrative Acts: Grounds, Legal Regime, Discretion

2021 ◽  
Vol 18 (2) ◽  
pp. 228-242
Author(s):  
O. N. Sherstoboev
Keyword(s):  
Legal Doctrine ◽  
Judicial Practice ◽  
Legal Method ◽  
Administrative Procedures ◽  
Legitimate Expectations ◽  
Administrative Act ◽  
The Stability ◽  
The Moment ◽  
Legal Concepts

The issues of criteria for the nullity of administrative acts are considered, the ratio of an illegal and invalid act, as well as a null and void act, analyzed, the possibility of administrative discretion in determining an invalid administrative act is analyzed, the role of vague legal concepts when an administrative act is declared invalid is demonstrated. The Author uses a comparative legal method, including the analysis of the practice of Germany, Great Britain, South Africa, Canada, Japan, South Korea, Russia and other countries. Special attention is paid to the laws on administrative procedures adopted in the post-Soviet territory and the influence of the German doctrine on this process. It is concluded that for the continental legal order the most preferable way to formalize the criteria for the invalidity of an administrative act are laws on administrative procedures or their analogs, while in the common law states, legal doctrine and judicial practice are of great importance. At the same time, many countries avoid recognizing acts as null and void, preferring the construction of their voidability. This is related to ensuring the stability of public administration, the predictability of administrative activities, and the protection of legitimate expectations. In any case, the theory of the reality of the administrative act is prevailing, and nullity is rather viewed as an anomaly. Therefore, only acts that are adopted with the most significant violations, which do not allow talking about the fair consequences of their adoption, are considered invalid. The illegality of an act does not automatically entail its nullity. A similar trend can be traced in Russia, although individual norms of law and practice of courts indicate the possible formation of a doctrine of the invalidity of an administrative act in the Russian legal system. Insignificant acts do not give rise to consequences from the moment of their adoption, legally they do not exist, and nothing can generate anything. With this approach, the courts only fix the criterion of invalidity without a dispute about law. Insignificant acts should be distinguished from contested ones, the latter may turn out to be illegal, but for a number of reasons (for example, protection of trust) the fact of their existence is confirmed along with their consequences.

scholarly journals The Principle Of Legality, Principle Of Public Law

2015 ◽  
Vol 21 (2) ◽  
pp. 512-515
Author(s):  
Alexandru Stoian ◽  
Teodora Drăghici
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Public Authorities ◽  
The Social ◽  
Social Balance ◽  
The Moment ◽  
Principle Of Legality

Abstract The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. Established as a principle of the organization and functioning of the state public authorities at the Revolution of 1789 in France, the acknowledgement of the principle of legality in an act having a constitutional value marked the moment of foundation for the state based on law principles and represented a premise of creating a modern public administration. The principle is present at the level of each judiciary branch, which provides for its popularity due to its specificity. The paper aims at achieving a brief analysis of the role of the principle of legality in public law, presenting its importance in constitutional and administrative law.

A Crime Organizer in the General Part of the Criminal Code of the Russian Federation and Special Rules on Complicity of the Special Part

2021 ◽  
Vol 16 (12) ◽  
pp. 118-133
Author(s):  
D. M. Molchanov
Keyword(s):  
Russian Federation ◽  
Criminal Group ◽  
Criminal Code ◽  
Judicial Practice ◽  
Original Plan ◽  
Special Part ◽  
The Russian Federation ◽  
Special Rules ◽  
The Moment

A paper provides a comprehensive study of the role of the organizer in crimes without compulsory complicity and in crimes prohibited by special provisions on complicity of the Special Part of the Criminal Code of the Russian Federation (Under the special rules on complicity in this work we understand two types of norms of the Criminal Code of the Russian Federation: 1) rules establishing responsibility for combining several persons into a criminal group — Art. 209, 210 and others; 2) establishing responsibility for instigators, organizers, accomplices and other accomplices directly in the Special Part of the Criminal Code of the Russian Federation — Art. 205.1, etc.). The paper considers the issues of distinguishing the role of the organizer from the role of the instigator to the commission of a crime and an accomplice in the commission of a crime. In judicial practice, errors are often encountered both in the form of excessive (when the instigator is recognized as the organizer) and in the form of insufficient qualifications (when the organizer is recognized only as an instigator or accomplice). Such a variant of over-qualification is also possible, when the organizer is recognized as both an accomplice and an instigator to committing a crime, although the role of the organizer should absorb these functions. The paper considers the issues of qualification of the actions of the organizer and other accomplices of the crime, when, in the process of directing the commission of the crime, the organizer changes the direction of the actions of the accomplices in comparison with the original plan of action. The Plenum of the Supreme Court of the Russian Federation in some decisions recommends not to take into account the role of the organizer when committing a crime as part of an organized group (to recognize him as a co-executor of the crime). In the educational literature, this is considered as a universal rule for qualifying crimes committed by an organized group. The Criminal Code of the Russian Federation does not provide grounds for such a qualification. In judicial practice, there is no uniformity on this issue. The role of the organizer in crimes without obligatory complicity distinguishes from the role of the organizer in organized groups and criminal communities (special rules on complicity) in that in the first situation the organizer is subject to responsibility only if preparations for a specific crime are started, and in the second situation, regardless of the crime preparation commencement, but from the moment the corresponding organized group or criminal community was created.

PINGVINAS IR PROTĖJAS. Įsivaizdavimas kaip kitybė manyje

2007 ◽  
Vol 4 ◽  
pp. 21-37
Author(s):  
Kristupas Sabolius
Keyword(s):  
Fight Club ◽  
The World ◽  
The Moment ◽  
Hollywood Movie

Kitybės klausimas dažniausiai kyla iš ego santykio su kitais arba su pasauliu. Šiame straipsnyje daroma prielaida, kad įsivaizdavimo funkcija ištirpdo subjektą ir jame pačiame atveria intersubjektyvią perspektyvą. Šiuo tikslu sugretinami Sartre’o, Husserlio bei Merleau-Ponty įsivaizdavimo funkcijos tyrimai, kuriuose išryškėja vaizdo kaip iš ego centro išslystančios ribos statusas, ir Holivudo filmo „Kovos klubas“ siužetas. Viename iš šios juostos epizodų pasirodantis pingvinas žymi egologinės schizmos akimirką ir tampa fantazijos apsireiškimu ir įsikūnijimu.Išgryninus žaidybinį, savarankišką ir multiformišką charakterį, galime konstantuoti, kad įsivaizdavimas, jei kalbėtume Kanto terminais, yra ne papildanti tarpinė funkcija, bet transcendentalinio subjekto genezėje atlieka paradoksalų „svetimos vidujybės“ arba „vidinės svetimybės“ vaidmenį. Vaizduotė yra katalizatoriaus, kuris, likdamas šalia, įgalina transcendentalinių formų išsikristalizavimą.Pagrindiniai žodžiai: vaizduotė, įsivaizdavimas, fantazija, ego, kitybė, sąmonė.PENGUIN AND PROTEUSImagination as Otherness in meKristupas Sabolius SummaryThe question of Otherness is usually taken into account while discussing the Ego’s relation with Others as well as with the World. This article is based on the premises that the function of phantasy melts the subjectivity, revealing the perspective of intersubjectivity within it. On this purpose Sartre’s, Husserl’s and Merleau-Ponty’s researches on the function of imagination, which elucidate the image as the boundary slipping from the centre of Ego, are compared to the story of Hollywood’ movie „Fight Club“. The penguin, which appears in one of the episodes, registers the moment of egological schism, thus becoming the revelation and incarnation of phantasy. While the playful, autonomous and multiform character of imaginary is cleared out, we can ascertain, speaking in Kantian terms, that it has not a complementary or intermediary function, but, in the genesis of transcendental subject, plays the paradoxical role of „allien innerness“ or „inner alienity“. Thought remaining always beside, imagination is a catalyzer which enables crystallization of transcendental forms.Keywords: imagination, imaginary, phantasy, ego, otherness, consciousness.

OBOLESCENCE AND THE DIFFUSION OF INNOVATIONS

2020 ◽  
pp. 113-130
Author(s):  
A.V. GOLUBEV ◽  
Keyword(s):  
Diffusion Of Innovations ◽  
Time Lag ◽  
Practical Implementation ◽  
Primary Role ◽  
Innovation Development ◽  
Scientific Hypothesis ◽  
Scientific Papers ◽  
The Moment ◽  
Sociological Studies

The diffusion of innovations is described as a process in a number of scientific papers. At the same time, the causes of this process have not been sufficiently studied. The author’s goal is to consider the main regularities, under which the life cycle of innovations begins, and propose measures to enhance diffusion in modern conditions. As a scientific hypothesis, the author accepts the postulate about the primary role of the obolescence of attracted innovations in this process. The analysis revealed not only the economic proportions that initiate the start of innovation promotion, but also the influence on the diffusion rate of the obsolescence degree of innovations and the market share occupied by the new product. Methodological approaches have been developed to determine economic efficiency depending on the moment of technological change-over, as well as to determine the absolute and relative speed of innovation diffusion. Sociological studies were conducted to determine the state of innovation development and the time lag between obtaining information about an innovation and its practical implementation. The author presents his “Agroopyt” information system developed to disseminate knowledge in the agricultural sphere and ensure technology transfer in agriculture. Digital methods provide for significant accelerateion of the diffusion of innovations and expand its scope.

International Legal Thought

2017 ◽  
Author(s):  
Thomas Kleinlein
Keyword(s):  
International Law ◽  
Historical Analysis ◽  
Critical Potential ◽  
Self Reflection ◽  
Legal Thought ◽  
History Of ◽  
Nineteenth And Twentieth Centuries

This contribution reflects on the role of tradition-building in international law, the implications of the recent ‘turn to history’ and the ‘presentisms’ discernible in the history of international legal thought. It first analyses how international legal thought created its own tradition in the nineteenth and twentieth centuries. These projects of establishing a tradition implied a considerable amount of what historians would reject as ‘presentism’. Remarkably, critical scholars of our day and age who unsettled celebratory histories of international law and unveiled ‘colonial origins’ of international law were also criticized for committing the ‘sin of anachronism’. This contribution therefore examines the basis of this critique and defends ‘presentism’ in international legal thought. However, the ‘paradox of instrumentalism’ remains: The ‘better’ historical analysis becomes, the more it loses its critical potential for current international law. At best, the turn to history activates a potential of disciplinary self-reflection.

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