The Emergence of Agency Government and the Creation of Administrative Law

2010 ◽  
pp. 94-127
Author(s):  
Владимир Шерстнев ◽  
Vladimir Sherstnev

One of the directions for improving the enforcement mechanism (criminal law norms) is the creation of a simplified pre-trial procedure for resolving simple criminal- legal disputes. The author makes several suggestions for creating such a procedure. This implies increased competition in the legal organization of pre-trial proceedings and the emergence of the possibility of replacing the criminal law measure of liability with administrative law or civil law.


2021 ◽  
Vol 18 (3) ◽  
pp. 252-260
Author(s):  
M. N. Kobzar-Frolova

Research topics related to concepts such as “process”, “procedures”, “administrative process” remain the most controversial, and, therefore, relevant. Unfortunately, not many scientists are ready to take part in the creation of a modern theory of the administrative process, the development of unified approaches to its terminology, the formation of a unified Russian model of the administrative process. At the same time, knowledge of the works of recognized classics of Russian procedural law is very important and timely. This article attempts to analyze individual works of the classics of Russian administrative procedural law, who stood at the origins of its creation, to compare their position and draw their own conclusions. The excerpts are given and the positions on the subject and essence of the concepts o process, procedure, stages of such scientists as B. M. Lazarev, V. D. Sorokin, N. G. Salishcheva and some others are demonstrated. The purpose of the work was to prove that the ideas of the scientists who stood at the origins of the Russian administrative procedural law are not only alive, they are relevant and should be relied on in order to: 1) develop unified approaches to the terminology of the administrative process, 2) create a unified modern model of the administrative process. The tasks correspond to the purpose of the study and are aimed at understanding the works of recognized classics of Russian procedural law, popularizing their works, ideas, developments, etc. and highlight the signs of the concepts under study. The applied methods made it possible to individualize the essence of the approaches of the classics of Russian administrative procedural law to the concepts of “process”, “procedure”, “administrative process”, develop their own position, give an author's definition and draw other conclusions corresponding to the study.


Teisė ◽  
2010 ◽  
Vol 74 ◽  
pp. 33-45
Author(s):  
Arvydas Andruškevičius

Straipsnyje nagrinėjama socialinių interesų įtaka administracinės srities įstatymų leidybai. Administra­cinės teisėdaros kertinis principas yra optimalus asmens ir visuomenės interesų derinimas: tai prielaida kurti socialiniu požiūriu teisingesnę pozityvinę teisę, atitinkančią Konstitucijos preambulėje skelbiamą teisinės valstybės siekį. Teigiama, kad interesų pusiausvyros įtvirtinimas įstatymuose gali keistis priklau­somai nuo valstybės ekonominės raidos ypatumų. Nurodomos ir kai kurios subjektyvios priežastys, kodėl interesų derinimas administracinėje teisėje tam tikrais atvejais būna problemiškas. In this article the influence of social interests upon administrative legislation is investigated. The author states that the essential imperative in the creation of administrative law is an optimal coordi­nation of private needs and public interests. This is a precondition to create a fairer – from the social point of view – positive law, corresponding to the striving for a state under the rule of law declared in the Preamble to the Constitution. The article also pointes out some subjective reasons why the coordination of interests in administrative law is sometimes problematic.


2021 ◽  
Vol 8 (4) ◽  
pp. 31-37
Author(s):  
E. M. D. Silva ◽  
B. R. S. Campos

This research paper seeks to identify and analyze the regulations that rule the economic life of the BRICS countries in the fields of foreign investment’s law, competition law and global administrative law, and further to identify points of convergence and divergence among them in order to indicate the possibilities of legal cooperation to facilitate economic exchanges and investments flow among them. We believe that the possible bottlenecks in trade and investment can be overcome mostly by exchange of experiences, to mitigate the lack of knowledge on national laws and regulations, and by the creation of cooperative mechanisms that facilitate the economic flow among them.


1968 ◽  
Vol 3 (4) ◽  
pp. 428-440 ◽  
Author(s):  
Brian Chapman

THE WAY THAT THE TERM ‘POLICE STATE’ ENTERED THE ENGLISH language is curious. It is simply the transliteration of the German term Polizeistaat. In German constitutional and administrative law the Polizeistaat was one of the triad of categories used to describe the characteristics of particular states. The other two categories were the Rechtsstaat and the Justizstaat. The Polizeistaat was the creation of 18th-century Prussia. The devastation of the Thuty Years War led the Prussian leaders to conclude that only a state based upon internal discipline, rigorously controlled, and economically self-sufficient could provide a proper basis for survival. This involved breaking the feudal powers of the aristocracy, substituting for them as the principal instrument of government a civil service wholly obedient and responsive to the rulers of the state, and creating a powerful army capable of protecting the heartland of Prussia, if necessary by wars of expansion. The permanent possibility of war became the basis of stable government, and stable government, even at the price of war, was the major blessing a state could bestow on its citizens.


1969 ◽  
pp. 366
Author(s):  
R. A. MacDonald

In an analysis of the role of public commissions of inquiry, the author discusses the various forms, classifications and rationales usually given for such inquiries, and examines judicial review proceedings in particular cases and current administrative law doctrine in light of the theory behind the creation of commissions. new theory of judicial review is then offered based upon number of functions which an ad hoc commission might serve.


Author(s):  
Vernon Bogdanor ◽  
Robert S. Summers

Geoffrey Marshall (1929–2003), a Fellow of the British Academy, was regarded by many as the greatest constitutional theorist Britain has seen since Albert Venn Dicey. He brought to the study of politics and the law the tools of analytical philosophy and jurisprudence developed at the University of Oxford, and showed that they could yield insights of permanent value in the analysis of the British constitution. He was born in Chesterfield, just before the advent to power of Ramsay MacDonald’s second Labour government. Marshall believed that there was a gap between the jurisdiction of the courts and that of Parliament, a gap within which the powers of ministers had grown unchecked, as had a host of administrative bodies created by statute. This gap, he argued, should be filled by the creation of an Ombudsman and the development of administrative law. Marshall was also a strong supporter of a Bill of Rights for Britain.


2020 ◽  
Vol 43 ◽  
Author(s):  
Stefen Beeler-Duden ◽  
Meltem Yucel ◽  
Amrisha Vaish

Abstract Tomasello offers a compelling account of the emergence of humans’ sense of obligation. We suggest that more needs to be said about the role of affect in the creation of obligations. We also argue that positive emotions such as gratitude evolved to encourage individuals to fulfill cooperative obligations without the negative quality that Tomasello proposes is inherent in obligations.


2020 ◽  
pp. 1-7
Author(s):  
Oliver Westerwinter

Abstract Friedrich Kratochwil engages critically with the emergence of a global administrative law and its consequences for the democratic legitimacy of global governance. While he makes important contributions to our understanding of global governance, he does not sufficiently discuss the differences in the institutional design of new forms of global law-making and their consequences for the effectiveness and legitimacy of global governance. I elaborate on these limitations and outline a comparative research agenda on the emergence, design, and effectiveness of the diverse arrangements that constitute the complex institutional architecture of contemporary global governance.


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