scholarly journals Rethinking Global Administrative Law: Formulating a working definition of “global administrative action”

2021 ◽  
Author(s):  
◽  
Luke Hilton
Keyword(s):  
South Africa ◽  
New Zealand ◽  
Global Scale ◽  
Administrative Law ◽  
Bottom Up ◽  
Global Institutions ◽  
Administrative Action ◽  
Working Definition ◽  
Dispute Settlements ◽  
Definition Of

<p>Global administrative law (GAL) aims to plug the “accountability deficit” in global institutions by projecting national administrative law principles onto the global scale. Global administrative action has been provisionally delineated as "rulemaking, adjudication, and other decisions that are neither treaty-making nor simple dispute settlements between parties”. But the concept has not yet been defined. The paper adopts a “bottom up” approach by analysing the domestic administrative law of America, New Zealand, and South Africa in order to construct a definition of global administrative action. The paper presents a working definition of the concept.</p>

scholarly journals Rethinking Global Administrative Law: Formulating a working definition of “global administrative action”

2021 ◽  
Author(s):  
◽  
Luke Hilton
Keyword(s):  
South Africa ◽  
New Zealand ◽  
Global Scale ◽  
Administrative Law ◽  
Bottom Up ◽  
Global Institutions ◽  
Administrative Action ◽  
Working Definition ◽  
Dispute Settlements ◽  
Definition Of

<p>Global administrative law (GAL) aims to plug the “accountability deficit” in global institutions by projecting national administrative law principles onto the global scale. Global administrative action has been provisionally delineated as "rulemaking, adjudication, and other decisions that are neither treaty-making nor simple dispute settlements between parties”. But the concept has not yet been defined. The paper adopts a “bottom up” approach by analysing the domestic administrative law of America, New Zealand, and South Africa in order to construct a definition of global administrative action. The paper presents a working definition of the concept.</p>

Exploring evidence to develop a nomenclature for forensic accounting

2018 ◽  
Vol 30 (2) ◽  
pp. 135-154 ◽  
Author(s):  
Vida Botes ◽  
Ahmed Saadeh
Keyword(s):  
South Africa ◽  
New Zealand ◽  
Large Scale ◽  
Public Awareness ◽  
Meta Analysis ◽  
Future Research ◽  
Content Type ◽  
Forensic Accounting ◽  
Financial Scandals ◽  
Definition Of

Purpose Large-scale financial scandals in business have increased public awareness of fraud and the need for forensic accounting (FA) services. Despite a steadily growing body of knowledge of FA, Huber (2012) argued that the term FA is ill defined. This paper aims to support the development of a nomenclature for FA by gathering evidence on the prevalence of the term in the Southern Hemisphere. Hence the authors ask how, when, where and in which context the term FA appears. In analysing the evidence gathered, the authors also aim to identify changes to the use of the term. Finally, they intend to make suggestions for future development and research relating to the term to advance knowledge. The authors also aim to suggest a definition for the term FA. Design/methodology/approach To obtain evidence to support the development of an accepted definition for FA, a rigorous search of the literature is performed, using a structured review framework. Findings The findings of this paper demonstrate the prevalence of the term FA in publications in Australia, New Zealand and South Africa, but that limited publications from SA create opportunities for researchers from emerging economies to publish in the FA field. This meta-analysis shows among others a strong focus on the role of FA in fraud prevention and increased reliance on websites (in contrast to reliance on academic literature) for information on FA. This research identifies changes to the use of the term and concludes that the narrow definition of FA prevails. Delivering on the third objective of this paper, the authors provide insights into future developments in FA and find that a need exists to explore FA in a much wider context. Research limitations/implications The research is limited to Australia, New Zealand and South Africa. Limitations exist in that the authors focused particularly on high-quality journals and excluded other journals from our search. As they were specifically searching for the use of the term “forensic accounting”, they excluded any other term, e.g. fraud auditing, from the research. Future research may well expand the search terminology. Practical implications Without an established definition of the commonly used term forensic accounting, the general public will be confused about the services that can be expected from forensic accountants. To date, FA definitions have been formulated mostly intuitively; however, if FA is to grow as a field, an accepted definition needs to be formulated. Social implications FA offers a new area of growth in the accounting field. Clarification of exactly what is meant by the term has implications for future careers in the field of accounting. Originality/value To date, no study of this nature has been undertaken anywhere in the world.

WAS ANDREW CARNEGIE GENEROUS?

Think ◽  
2010 ◽  
Vol 9 (26) ◽  
pp. 91-98
Author(s):  
Daniel Putman
Keyword(s):  
United States ◽  
South Africa ◽  
Puerto Rico ◽  
New Zealand ◽  
Public Libraries ◽  
The United States ◽  
Positive Influence ◽  
The World ◽  
Definition Of

Millions of Americans, as well as millions in Europe, have used or will use a library established by Andrew Carnegie. In his lifetime Carnegie gave the equivalent of several billion dollars in today's money to establish 1,689 public libraries in the United States, Hawaii and Puerto Rico. Moreover, 660 libraries in Britain and Ireland, 125 in Canada, 17 in New Zealand, 12 in South Africa and scattered others around the world exist because of this man.1 And this does not include the extensive positive influence of the foundations and grants established by Carnegie. Aristotle would likely have called him ‘magnificent’. Carnegie had the virtue beyond mere generosity available only to those with the means and position to benefit the polis on a grand scale. Unlike generosity, magnificence involves what Irwin has called ‘the judgment and tact that are needed for large benefactions.2 Whether ‘magnificent’ or ‘generous’ is a better term for Carnegie's character is not my major concern. Carnegie's recent biographer simply uses ‘generous’. So, for the remainder of this paper, I will use ‘generous’.3 But was Carnegie, in fact, generous? This paper will explore both the definition of the virtue and its application to Andrew Carnegie.

scholarly journals Ameliorating the collateral damage caused by collateral attack in administrative law

2020 ◽  
Author(s):  
Dean Knight
Keyword(s):  
New Zealand ◽  
Individual Case ◽  
Administrative Law ◽  
Collateral Damage ◽  
Criminal Proceedings ◽  
Administrative Action ◽  
Unique Character ◽  
Private Rights ◽  
Straightforward Approach ◽  
Public Bodies

Collateral attack is the indirect challenge of administrative decisions, instruments or actions in civil and criminal proceedings for the purpose of determining private rights. Collateral challenges are a common way litigants seek to contest actions of the executive or other public bodies, and represent a different mechanism for the courts to exercise their supervisory jurisdiction over administrative action. The New Zealand courts have adopted a straightforward approach to the doctrine of collateral attack, generally allowing such challenges. This paper explores the principles that underlie the doctrine of collateral attack and the potential difficulties that the doctrine creates. It is argued that the courts should take a more principled approach to determining whether collateral attack should be allowed in any individual case. A number of "touchstones" are proposed to ameliorate any collateral damage to administrative law's unique character while still ensuring that people are able to challenge the invalidity of administrative instruments, decisions or actions as and when they arise in civil and criminal proceedings

scholarly journals Ameliorating the collateral damage caused by collateral attack in administrative law

2020 ◽  
Author(s):  
Dean Knight
Keyword(s):  
New Zealand ◽  
Individual Case ◽  
Administrative Law ◽  
Collateral Damage ◽  
Criminal Proceedings ◽  
Administrative Action ◽  
Unique Character ◽  
Private Rights ◽  
Straightforward Approach ◽  
Public Bodies

Collateral attack is the indirect challenge of administrative decisions, instruments or actions in civil and criminal proceedings for the purpose of determining private rights. Collateral challenges are a common way litigants seek to contest actions of the executive or other public bodies, and represent a different mechanism for the courts to exercise their supervisory jurisdiction over administrative action. The New Zealand courts have adopted a straightforward approach to the doctrine of collateral attack, generally allowing such challenges. This paper explores the principles that underlie the doctrine of collateral attack and the potential difficulties that the doctrine creates. It is argued that the courts should take a more principled approach to determining whether collateral attack should be allowed in any individual case. A number of "touchstones" are proposed to ameliorate any collateral damage to administrative law's unique character while still ensuring that people are able to challenge the invalidity of administrative instruments, decisions or actions as and when they arise in civil and criminal proceedings

The Inter-Relationship between Administrative Law and Labour Law: Public Sector Employment Perspectives from South Africa

2017 ◽  
Vol 30 (2) ◽  
pp. 319-346
Author(s):  
Marius Olivier ◽  
Avinash Govindjee
Keyword(s):  
South Africa ◽  
Public Sector ◽  
Administrative Law ◽  
Employment Relationship ◽  
Labour Law ◽  
The Public ◽  
Administrative Action ◽  
Public Sector Employment ◽  
Public Sector Employees ◽  
Legal Position

The legal position of public sector employees who challenge employment decisions taken by the state or organs of state in its/their capacity as employer in South Africa has long been problematic. Even though at least four judgments by the Constitutional Court of South Africa have considered whether employment-related decisions in the public sector domain do or could amount to administrative action and whether administrative law and/or labour law should be applicable for purposes of dispute resolution, legal uncertainty remains the order of the day due to a combination of factors. The authors assess whether (and to what extent) the rich South African administrative-law jurisprudence remains of importance in relation to the public employment relationship, bearing in mind the applicable legal considerations, including the inter-relatedness, interdependence and indivisibility of the range of applicable fundamental constitutional rights. Considering the debate in other jurisdictions on this issue, the authors develop a paradigm for situating different employment-related disputes as matters to be decided on labour and/or administrative-law principles in South Africa. This requires an appreciation, to the extent relevant, of the unique nature public sector employment relationships and a detailed investigation of the applicable legal sources and precise parameters of the cases already decided in the country. The position of employees deliberately excluded from the scope of labour legislation is analysed, for example, as is the legal position of high-ranking public sector employees. The outcome of the investigation is important for determining the legal principles to be applied in cases involving public sector employees in their employment relationship, and for purposes of determining the question of jurisdiction. Recent cases, for example where the courts have permitted the state, as employer, to review its own disciplinary decision (via a state-appointed chairperson of a disciplinary hearing) on the basis that this amounts to administrative action which is reviewable, are also examined in the light of the uncertainty regarding the precise nature and scope of the review.

scholarly journals A broader view of stewardship to achieve conservation and sustainability goals in South Africa

2016 ◽  
Vol Volume 112 (Number 5/6) ◽  
Author(s):  
Jaco Barendse ◽  
Dirk Roux ◽  
Bianca Currie ◽  
Natasha Wilson ◽  
Christo Fabricius ◽  
...  
Keyword(s):  
South Africa ◽  
Global Scale ◽  
Conservation Priorities ◽  
Private Land ◽  
Social Ecological Systems ◽  
Predominant Type ◽  
Implementation Capacity ◽  
Definition Of ◽  
Earth Stewardship ◽  
High Degree

Abstract Stewardship is a popular term for the principles and actions aimed at improving sustainability and resilience of social-ecological systems at various scales and in different contexts. Participation in stewardship is voluntary, and is based on values of altruism and long-term benefits. At a global scale, ‘earth stewardship’ is viewed as a successor to earlier natural resource management systems. However, in South Africa, stewardship is narrowly applied to biodiversity conservation agreements on private land. Using a broader definition of stewardship, we identify all potentially related schemes that may contribute to sustainability and conservation outcomes. Stewardship schemes and actors are represented as a social network and placed in a simple typology based on objectives, mechanisms of action and operational scales. The predominant type was biodiversity stewardship programmes. The main actors were environmental non-governmental organisations participating in prominent bioregional landscape partnerships, together acting as important ‘bridging organisations’ within local stewardship networks. This bridging enables a high degree of collaboration between non-governmental and governmental bodies, especially provincial conservation agencies via mutual projects and conservation objectives. An unintended consequence may be that management accountability is relinquished or neglected by government because of inadequate implementation capacity. Other stewardship types, such as market-based and landscape initiatives, complemented primarily biodiversity ones, as part of national spatial conservation priorities. Not all schemes related to biodiversity, especially those involving common pool resources, markets and supply chains. Despite an apparent narrow biodiversity focus, there is evidence of diversification of scope to include more civic and community-level stewardship activities, in line with the earth stewardship metaphor.

Making the Law Work: Alberta's Liquor Act and the Control of Medicinal Liquor from 1916 to 1924

2012 ◽  
Vol 27 (2) ◽  
pp. 249-265 ◽  
Author(s):  
Sarah E. Hamill
Keyword(s):  
Regulatory System ◽  
Administrative Law ◽  
Broad Definition ◽  
Administrative Action ◽  
Administrative Control ◽  
The Law ◽  
Definition Of ◽  
Methods Of Control ◽  
Policies And Practices

AbstractThis paper uses the example of the control of medicinal liquor during prohibition in Alberta to explore how the methods of control altered during the eight years of prohibition. This paper argues that the system used to control medicinal liquor changed from a prosecutorial system to a regulatory system. This shift from prosecution to regulation was essential in ensuring that medicinal liquor was actually controlled and allowed medicinal liquor to become an alternative as well as an exception to prohibition. This paper focuses on explaining the success of administrative control rather than the courts' attempts to control administrative action and thus examines administrative law and practice from the ground up. Consequently, this paper uses a broad definition of administrative law which includes the regulations, policies and practices created and used by the provincial state in its attempt to control medicinal liquor.

The pragmatics of ritual

Pragmatics ◽  
2020 ◽  
Vol 30 (1) ◽  
pp. 1-14 ◽  
Author(s):  
Dániel Z. Kádár ◽  
Juliane House
Keyword(s):  
Position Paper ◽  
Special Issue ◽  
Top Down ◽  
Bottom Up ◽  
Working Definition ◽  
Methodological Perspective ◽  
Present Collection ◽  
Definition Of

Abstract This introductory position paper aims to familiarise the reader with the pragmatics of ritual and previous research in this field. Ritual is a complex pragmatic phenomenon present in many types of interaction, and it has been subject to academic inquiries in various disciplines. We will draw on previous research to provide a working definition of ritual, which will help us to introduce the present collection of papers. We will then introduce the different, but interrelated, methodologies used in ritual research, categorising these complementary methodologies as ‘top-down’ and ‘bottom-up’ respectively. We use this categorisation to overview the contributions of the special issue from a methodological perspective. Finally, a summary of the contents of the special issue completes this introduction.

A Values-based Approach

2021 ◽  
pp. 1-31
Author(s):  
Paul Daly
Keyword(s):  
New Zealand ◽  
Future Development ◽  
Administrative Law ◽  
Comparative Approach ◽  
Scholarly Literature ◽  
Administrative Action ◽  
The Core ◽  
The Subject ◽  
Individual Self ◽  
Core Features

This chapter introduces the means of achieving the three objectives of this book: to enhance the understanding, guide the future development and justify the core features of contemporary administrative law. First, the historical backdrop to the development, in recent decades, of general principles of administrative law is explained. Second, the four values which provide structure to the law of judicial review of administrative action are introduced: individual self-realisation, good administration, electoral legitimacy and decisional autonomy. Third, an explanation on how these values are used to interpret the core features of contemporary administrative law is given. Fourth, the chapter addresses the book’s comparative approach, justifying the choice of Australia, Canada, England, Ireland and New Zealand as its focus. Fifth, this chapter situates the book’s interpretivist approach, which relies on a plurality of values, in the existing scholarly literature on administrative law, noting that unlike others this book does not argue that there is one single meta-value, meta-principle or meta-concept around which the subject revolves. Lastly, this chapter provides an overview of the rest of this book.

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