scholarly journals Hesitantly towards mutual recognition of “vaccination passports”. A survey on potential ubiquity in administrative law

2021 ◽  
Vol 11 (special) ◽  
Author(s):  
Jakub HANDRLICA

The problem of potential ubiquity emerged in administrative law because of transboundary circulation of various certificates, licences and permits. These documents, approving certain facts, may appear before an administrative authority of another State. Thus, the applicable regime of public law must qualify the legal consequences of such documents in the realm of the applicable administrative law. This article aims to discuss this problem with regard to the challenges arising in the second year of the COVID-19 pandemics. Prospective introduction of “immunity certificates” and “vaccination passports” in various jurisdictions and the need to establish mutual recognition of such “passports” and “certificates” is the subject of attention. The article points out existence of several dogmatic approaches to the fact that foreign administrations have either approved a fact, or granted a right. Some of these dogmatic approaches have been reflected in the written law. However, at the same time, in theory, other solutions than those provided by the current legal framework would also be theoretically possible. The importance of these theoretical considerations is demonstrated regarding the very current discussions on the introduction of “immunity certificates” and “vaccination passports”.

2018 ◽  
Vol 277 (3) ◽  
pp. 247
Author(s):  
Rafael Maffini ◽  
Juliano Heinen

<p>Analysis of the incidence of the Statute of Introduction to the Rules of Brazilian Law (in the writing given by Act 13.655/2018) on the interpretation of public law rules: interpretative operations and general principles of administrative law</p><p> </p><p>O presente trabalho pretende analisar as inovações legislativas produzidas pela Lei nº 13.655/2018, bem como suas consequências jurídicas. Tal Diploma Legal modificou o Decreto-Lei nº 4.657/1942, denominado de “Lei de Introdução às Normas do Direito Brasileiro”. Para tanto, o trabalho se dividiu em seis eixos teóricos: primeiro se disserta sobre as modificações legais que traçam parâmetros interpretativos com foco no “consequencialismo” e o “realismo” da interpretação do direito público. Por conseguinte, analisam-se as disposições relativas à segurança jurídica. Em um terceiro plano, confere-se ênfase aos mecanismos legais que franqueiam maior participação e consenso entre a administração pública e o cidadão. Ainda, tratar-se-á de analisar a reponsabilidade das autoridades públicas e dos agentes que atuam na função consultiva. Também a eficiência administrativa será objeto de estudo, percebendo o que a legislação mencionada inovou no tema. Por fim, será demonstrado como a motivação das condutas administrativas, já merecedora da devida importância, dado seu status de princípio constitucional, restou ainda mais prestigiada pela Lei nº 13.655/2018. Analisar-se-á dissertativamente tal legislação, essencialmente em relação aos aspetos relativos à aplicação da Lei de Introdução às Normas do Direito Brasileiro (na redação dada pela Lei nº 13.655/2018) no que concerne à interpretação e aplicação de normas de direito público e, muito particularmente, ao modo como, nessas operações interpretativas, se enformam certos princípios gerais de direito administrativo, a fim de se perceber analiticamente as mudanças e potencialidades feitas pela edição da recente norma.</p><p> </p><p>The present work intends to analyze the legislative innovations produced by Legal Act nº 13.655/2018, as well as its legal consequences. This legislation modified Legal Act nº 4.657/1942, called “Statute of Introduction to the Rules of Brazilian Law”. In order to do so, the work was divided into six theoretical axes: first, it discusses the legal modifications that draw interpretive parameters with a focus on “consequentialism” and the “realism” of the interpretation of Public Law. Consequently, the provisions on legal certainty are examined. In a third plan, emphasis is placed on the legal mechanisms that lead to greater participation and consensus between the Public Administration and the citizen. Also, it will be a question of analyzing the responsibility of the public authorities and of the agents that act in the advices function. Also the administrative efficiency will be object of study, realizing what the mentioned legislation innovated in the subject. Finally, it will be demonstrated how the motivation of administrative conduct, already deserving of due importance, given its status as a constitutional principle, remained even more prestigious under Legal Act nº 13.655/2018. Such legislation will be analyzed, essentially in relation to the aspects related to the incidence of the Statute of Introduction to the Rules of Brazilian Law (in the wording given by Legal act nº 13.655/2018) regarding the interpretation of norms of Law Public and, in particular, to the way in which, in these interpretative operations, certain general principles of Administrative Law are formed, in order to understand analytically the changes and potentialities made by the edition of the recent norm.</p>


2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.


Author(s):  
Neil Parpworth

The purpose of this book is to introduce the reader to the fundamental principles and concepts of constitutional and administrative law. It is highly popular with undergraduates for its clear writing style and the ease with which it guides the reader through key principles of public law. This eleventh edition incorporates the significant developments in this ever-changing area of the law. The book also includes a range of useful features to help students get to grips with the subject matter. These include further reading suggestions to support deeper research, a large number of self-test questions to help reinforce knowledge, and chapter summaries and numbered paragraphs to aid navigation and revision. This new edition has been fully updated to cover all the latest developments in constitutional and administrative law, including those relating to devolution and Brexit.


Author(s):  
Ian Loveland

Constitutional Law, Administrative Law, and Human Rights provides an in-depth cross disciplinary introduction to the subject of public law, covering the core elements of a constitutional and administrative law syllabus. In addition, it explores the latest ongoing debates around potential constitutional reforms. The book draws heavily on historical sources and on ideas from political science and political theory as well as legal and social history. It also includes detailed coverage of the UK’s proposed departure from the European Union after the 2016 referendum and the subsequent Miller litigations, as well as the negotiations on the terms of departure. It looks at the polarised positions of ‘soft brexit’ and ‘hard brexit’ and examines what brexit might actually mean for the United Kingdom.


Author(s):  
Timothy Endicott

Administrative Law explains the constitutional principles of the subject and their application across the range of twenty-first-century administrative law. The focus on constitutional principles is meant to bring some order to the very diverse topics with which you need to deal if you are to understand this very complex branch of public law. The common law courts, government agencies, and Parliament have developed a wide variety of techniques for controlling the enormously diverse activities of twenty-first-century government. Underlying all that variety is a set of constitutional principles. This book uses the law of judicial review to identify and to explain these principles, and then shows how they ought to be worked out in the private law of tort and contract, in the tribunals system, and in non-judicial techniques such as investigations by ombudsmen, auditors, and other government agencies. The aim is to equip the reader to take a principled approach to the controversial problems of administrative law.


2020 ◽  
Vol 77 (2) ◽  
pp. 58-63
Author(s):  
О. О. Вороний

Based on the analysis of the current domestic and international legislation, the author has provided characteristics of the legal principles for combating corruption and organized crime. It has been established that the legal principles for combating corruption and organized crime covers currently a large number of regulatory acts of international and national importance; it has been emphasized that a key place among them belongs to administrative and legal regulation. It has been found out that administrative and legal regulation is a form of legal influence on public relations, which is carried out on the basis of the norms of administrative branch of law. Thus, this legal influence operates in the field of public relations that arise as a result of the activities of public law entities, in particular public authorities. Besides, administrative and legal regulation is, first of all, the system of norms that regulate organizational and administrative issues, aspects of the division of competence of public law entities and their legal relationship. The emphasis has been placed on the fact that if we consider the system of legal principles for combating corruption and organized crime, they mostly consist of the rules of administrative law, since they regulate organizational forms of combating corruption and organized crime as a special activity of public authorities, determine the competence of each of the subject of combating corruption and organized crime, establish structural and system aspects of such activities, establish features of control and supervision over the process of its implementation, etc. It has been established that administrative and legal regulation is dominant in the system of legal principles for conducting activities to combat corruption and organized crime in Ukraine.


Author(s):  
Anna Kravets

This article reveals the public law concept of &ldquo;leadership&rdquo;, theoretical grounds of municipal leadership, its role within the system of municipal democracy and territorial public self-government from the perspective of integral legal understanding and a communicative approach towards law. The goal of this research consists in the analysis of conceptual and normative legal framework of the institutions of public law and municipal leadership, impact of the institution of leadership upon development of the forms of municipal democracy in the context of Russian and foreign experience, as well as peculiarities of the influence of the institution of public law leadership upon the forms of governance in territorial public self-government The subject of this research is the scientific views, normative legal framework of regulation, organizational practice of the institution of public law and municipal leadership in territorial public self-government in the context of functionality of the forms of municipal democracy. The article employs the formal legal and comparative analysis, methods of dialectics, municipal legal hermeneutics, communicative approach, and critical rationalism in legal studies, which allows viewing the municipal leadership as a complex interdisciplinary legal and administrative institution that assists the implementation of the forms of municipal democracy, and improves the effectiveness of the territorial self-government in cooperation with branches and officials of the local self-government. The following conclusions are made: the institution of public law leadership should be viewed as interdisciplinary, which incorporates the sphere of public law on the one hand, and the sphere of state and municipal administration on the other hand; the works of the Russian and foreign researchers indicate that the &nbsp;concepts of transformational leadership, leadership-service and adaptive leadership can be analytically applied to the institution of municipal leadership; it is necessary to improve the institution of public law and municipal leadership, and ensure new spheres of juridification of the requirements for the heads of territorial self-government on the federal and municipal levels.


2019 ◽  
pp. 141-158
Author(s):  
Colin Faragher

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the concept of judicial review. Judicial review allows a High Court judge to examine the lawfulness of decisions made by public bodies carrying out their public functions and enactments where there is no right of appeal or where all avenues of appeal have been exhausted. The defendant must be a public body, the subject matter of a claim must be a public law matter, and the claimant must have the right to claim. This chapter also looks at the basis procedure for judicial review.


Author(s):  
Richard Clements

This chapter advises on how to approach the subject of Public Law and deal with typical exam questions. Public law differs from the other compulsory law subjects in that much is not really law at all, and therefore calls for different skills in the student. To understand public law properly it helps to have some knowledge of current affairs and politics. Public Law is sometimes called constitutional and administrative law, because it looks at both the constitution of the country and the law that regulates the administration. The chapter contains advice on how to answer a problem question using Issue, Relevant Law, Application to the Facts, and Conclusion (IRAC) and how to answer an essay question using Point, Evidence, and Argument (PEA). Preparation for examinations is also covered. When writing an essay, it is best for students to do a rough plan first, listing the main points that they intend to cover. For a problem question, they might also include a list of the main cases. In this subject, it is important to remember that there is no right answer to an exam question, but there is a right way to approach it.


2018 ◽  
pp. 463-514
Author(s):  
Beth Van Schaack

The phenomenon of human shields challenges many of the core tenets of international humanitarian law (IHL), including its careful dialectic between the imperatives of humanity and military necessity. Although the concepts of distinction, precaution, and proportionality are well established in the abstract, any consensus on how these rules apply to situations involving human shields is showing signs of fraying. The IHL literature offers competing approaches for evaluating the legal consequences surrounding the use of human shields for the party that stands to benefit from the presence of shields and for the party seeking to engage the shielded military objective. In particular, the application of the rules of distinction and proportionality has become the subject of intense debate about whether human shields are entitled to full civilian protections when it comes to targeting. This legal indeterminacy is being strategically generated and increasingly deployed by a range of implicated actors and norm entrepreneurs in an effort to loosen the restrictions on targeting, to excuse civilian deaths, and to shield armed actors from legal responsibility—all to the detriment of civilian protection. This chapter distinguishes forms of human shielding and sets out the legal framework in treaty and customary international law. It then evaluates the various arguments that address the phenomenon of human shielding. This chapter concludes that the safest course for parties committed to the values underlying IHL is to adopt a policy that treats all human shields as civilians, unless there is irrefutable proof of willing participation in hostilities.


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