administrative action
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2021 ◽  
Author(s):  
Moeen Cheema ◽  
David Dyzenhaus ◽  
Thomas Poole

Over the last decade, the Supreme Court of Pakistan has emerged as a powerful and overtly political institution. While the strong form of judicial review adopted by the Supreme Court has fostered the perception of a sudden and ahistorical judicialisation of politics, the judiciary's prominent role in adjudicating issues of governance and statecraft was long in the making. This book presents a deeply contextualised account of law in Pakistan and situates the judicial review jurisprudence of the superior courts in the context of historical developments in constitutional politics, evolution of state structures and broader social transformations. This book highlights that the bedrock of judicial review has remained in administrative law; it is through the consistent development of the 'Writ jurisdiction' and the judicial review of administrative action that Pakistan's superior courts have progressively carved an expansive institutional role and aggrandised themselves to the status of the regulator of the state.


2021 ◽  
Author(s):  
Garret Pagenstecher Olberding

Ancient Chinese walls, such as the Great Wall of China, were not sovereign border lines. Instead, sovereign space was zonally exerted with monarchical powers expressed gradually over an area, based on possibilities for administrative action. The dynamically shifting, ritualized articulation of early Chinese sovereignty affects the interpretation of the spatial application of state force, including its cartographic representations. In Designing Boundaries in Early China, Garret Pagenstecher Olberding draws on a wide array of source materials concerning the territorialization of space to make a compelling case for how sovereign spaces were defined and regulated in this part of the ancient world. By considering the ways sovereignty extended itself across vast expanses in early China, Olberding informs our understanding of the ancient world and the nature of modern nation-states.


2021 ◽  
Author(s):  
◽  
Luke Hilton

<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>


2021 ◽  
Author(s):  
◽  
Luke Hilton

<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>


2021 ◽  
Author(s):  
◽  
John Parnell

<p>This paper looks at the civil aviation law for New Zealand, Australia, the USA and Canada in regards to the ‘de-licensing’ of participants in the aviation system. The comparative analysis is on each country’s ability to take administrative action against an aviation participant on an ‘on notice’ basis and, in cases where there is an imminent threat to aviation safety, on a ‘without notice’ basis. Issues looked at include:  (a) The process the regulator must adhere to in bringing administrative action. (b) The appeal or review rights available to the aviation participant. (c) The availability of a stay to the aviation participant while he or she waits a full hearing. (d) The availability of a specialist tribunal with aviation expertise to hear an appeal.  The issues are examined in order to determine what, if any, improvements could be made to the New Zealand system. The paper concludes that the New Zealand system could be improved by providing for a more streamlined appeal or review process; a unified transport tribunal dealing with land transport, maritime and civil cases and an ability, in limited circumstances, for the Director's decision to be stayed pending a full hearing.</p>


2021 ◽  
Author(s):  
◽  
John Parnell

<p>This paper looks at the civil aviation law for New Zealand, Australia, the USA and Canada in regards to the ‘de-licensing’ of participants in the aviation system. The comparative analysis is on each country’s ability to take administrative action against an aviation participant on an ‘on notice’ basis and, in cases where there is an imminent threat to aviation safety, on a ‘without notice’ basis. Issues looked at include:  (a) The process the regulator must adhere to in bringing administrative action. (b) The appeal or review rights available to the aviation participant. (c) The availability of a stay to the aviation participant while he or she waits a full hearing. (d) The availability of a specialist tribunal with aviation expertise to hear an appeal.  The issues are examined in order to determine what, if any, improvements could be made to the New Zealand system. The paper concludes that the New Zealand system could be improved by providing for a more streamlined appeal or review process; a unified transport tribunal dealing with land transport, maritime and civil cases and an ability, in limited circumstances, for the Director's decision to be stayed pending a full hearing.</p>


SOROT ◽  
2021 ◽  
Vol 16 (2) ◽  
pp. 61
Author(s):  
Resista Vikaliana ◽  
Maya Puspita Dewi ◽  
Munir Saputra ◽  
Tulus Santoso ◽  
Sukarni Novitasari

Proses administrasi dapat dilihat melalui proses umum, sedangkan tindakan administratif dapat dilihat pada tingkat program tertentu. Chain of custody (CoC), dalam konteks hukum, mengacu pada dokumentasi kronologis atau jejak kertas yang mencatat urutan penahanan, kontrol, transfer, analisis, dan disposisi bukti fisik atau elektronik. Dalam proses layanan, CoC berfungsi untuk melacak dokumen layanan atau jejak dokumen sesuai dengan prosedur yang ditentukan. Dalam pelayanan publik, kegiatan administrasi dilakukan untuk mengendalikan upaya instansi pemerintah agar tujuannya tercapai. Makalah ini bertujuan untuk mengkaji penerapan CoC dalam penyelenggaraan pelayanan publik di Indonesia. Berdasarkan pendekatan kuasi-kualitatif yang dilakukan, diperoleh kesimpulan bahwa penerapan CoC dalam penyelenggaraan pelayanan publik dapat memberikan kerangka kerja yang berguna untuk memahami dan meningkatkan upaya pengurangan masalah administrasi dalam pelayanan publik.Administrative processes can be seen through a general process, while administrative action can be examined at a certain program level. Chain of custody (CoC), in the context of law, refers to chronological documentation or paper traces that record the sequence of detention, control, transfer, analysis, and disposition of physical or electronic evidence. In the service process, the CoC serves to track service documents or document traces according to the procedures specified. In public services, administrative activities are carried out to control the efforts of government agencies so that their objectives are achieved. This paper aims to examine the application of CoC to the administration of public services in Indonesia. Based on the quasi-qualitative approach taken, it was produced that the application of CoC to the administration of public services can provide a useful framework for understanding and improving efforts to reduce administrative problems in public services.


Obiter ◽  
2021 ◽  
Vol 30 (3) ◽  
Author(s):  
Carli Botma ◽  
Adriaan van der Walt

This article is published in two parts. In the first part (published in the previous edition of Obiter) the general principles relating to administration review were established and the different forms of review considered. It was also established that the making of a CCMA arbitration award constitutes administrative action that is subject to the constitutional right to administrative justice; that justifiability is a constitutional requirement for just administrative action and that a failure to make a decision that is justifiable in terms of the reasons given may render an award reviewable in terms of section 145 of the LRA. This second part of the article will build on the conclusions of the first by focusing on setting out the key findings made by the CC in Sidumo v Rustenburg Platinum Mines Ltd (2007 12 BLLR 1097 (CC)) as regards the test for reviewing arbitration awards in terms of section 145 of the LRA. The purpose is to establish how reasonableness might best be understood and defined as well as to determine its implications for subsequent review proceedings. Case law that has sought to interpret and apply the principles established in Sidumo, will likewise be discussed in order to contextualise the place of reasonableness in the review of arbitration awards with a view better to understand its implications for the courts’ review function. Particular attention will be given to determining the applicability of the reasonableness standard to jurisdictional reviews. The principles laid down by the labour appeal court in Fidelity Cash Management Service v CCMA (2008 3 BLLR 197 (LAC)) will also be discussed with the objective of determining whether the court’s approach that an award is not reviewable because of flawed reasoning determining that the outcome is sustainable according to reasons identified in the record, and whether this finding is consistent with CC’s findings in Sidumo. It will also be considered whether the reasonableness standard as introduced by Sidumo will have any influence on the review of private arbitration awards in terms of section 33 of the Arbitration Act 42 of 19652 and whether parties can agree that an award would be reviewable on the same grounds and subject to the same test as a CCMA award. Finally, proposals will be made in respect of the interpretation and application of the reasonableness principle for the purpose of assisting in review proceedings to come.


Author(s):  
Artem Vladimirovich Mazein

This article examines the legal regulation of proactive form of exercising administrative activity. In the domestic practice, proactive activity became widespread in 2019&ndash;2020. Leaning on the analysis of scientific literature, the author underlines that the content of the principle of proactivity, defined in the existing normative legal acts, reflects the well-known scientific approaches. As a result of the content analysis of normative legal acts, the conclusion is drawn that the principle of proactivity is currently applied in the spheres of social security, public health, tax administration, and state control. The author offers to extend application of the principle of proactivity to the spheres of enforcement of public order, uninterrupted supply of public utilities, and road management. The article summarizes the provisions of legal acts that regulate proactive administrative activity and proposes the structure of elements of its legal consolidation. Among the elements that should be defined by law, the author suggests to include the subjects and objects of activity, as well as the content of administrative action, including technologies and instruments that ensure proactive administrative impact. The normative legal acts that may establish the corresponding elements are the administrative regulations for ensuring state (municipal) services. At the time of carrying out the research, out of 103,000 administrative regulations effective on the regional and municipal levels, only 575 ( 0.6%) indicate the ability or inability of proactive rendering of services. The conclusion is made that in the future the number of such legal acts would increase.


Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 721
Author(s):  
Mia Banulita ◽  
Titik Utami

SLAPP does not only occur in the environmental sector but in any situation which act aims to stop or eliminate public participation in aggression against certain policies. In the environmental sector, it is referred to as Eco-SLAPP which aims to provide fear, silence, and intimidation toward people who commit aggression against environmental policies and/or certain interests through reporting/complaints or lawsuits to court. Therefore, the Anti-Eco-SLAPP concept in Law Number 32 of 2009 was raised to provide protection against the act of Eco-SLAPP since it harms people who fight for good and healthy environment. Unfortunately, weakness is found in Law Number 32 of 2009 regarding substance and process in fulfilling Anti Eco-SLAPP. In terms of substance, Article 2 letter a Law Number 32 of 2009 has not given the state responsibility to implement Anti Eco-SLAPP, Article 66 Law Number 32 of 2009 has not regulated good faith as the reason a person cannot be prosecuted criminally or sued civilly, protection from administrative action, and motion strike/dismissal process and SLAPP Back, to prevent early Eco-SLAPP actions. In addition, the implementation of Anti Eco-SLAPP is often misinterpreted since it is unable to distinguish pure criminal acts and actions to fight for the environment based on good faith. Based on this, it is necessary to construct an Anti Eco-SLAPP law based on the weaknesses of the existing Law Number 32 of 2009, so as to reinforce the implementation of Anti Eco-SLAPP in Indonesia.


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