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Journal articles on the topic 'Administrative law'
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Candeub, D. A. "Tyranny and administrative law." Revista de Direito Administrativo 277, no. 1 (May 11, 2018): 15. http://dx.doi.org/10.12660/rda.v277.2018.74801.
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<p>Tirania e o direito administrativo</p><p> </p><p><em>The Federalist Papers </em>define “tyranny” as “[t]he accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many.” This definition would seem to include the modern administrative agency, which exercises all three powers. To avoid tyrannical agencies and their illegitimate exercise of power, judges and academics look to administrative law. Its procedures and requirements, such as public comment, judicial review, agency reason-giving and deliberation, and executive oversight, saddle agencies with checks and balances and, therefore, legitimacy. Yet unease with the administrative state continues; indeed, it seems to be in a constant crisis of legitimacy, suggesting that administrative law’s quest for legitimacy has not succeeded. This Article argues that this crisis of legitimacy stems from the inherent conflict between the assumptions underlying those of administrative law and the Constitution. These sets of assumptions differ profoundly over political actors’ motivations and human nature, rationality in political and administrative decision-making, and the role of executive lawmaking in a democracy. This Article compares <em>The Federalist Papers </em>and administrative law and scholarship to uncover those differences. But this Article does not engage in an “originalist” critique of administrative law. Instead, it shows that administrative law’s crisis of legitimacy inevitably proceeds from its jarring discontinuity with deep assumptions underlying our constitutional structure.</p><p> </p><p>A obra <em>O federalista </em>define “tirania” como “a acumulação de todos os poderes, legislativo, executivo e judiciário, nas mesmas mãos, seja na de um, alguns ou vários”. Essa definição pareceria incluir a agência administrativa moderna, que exerce todos os três poderes. Para evitar agências tiranas e seu exercício ilegítimo do poder, juízes e acadêmicos procuram o direito administrativo. Seus procedimentos e requerimentos, como comentários públicos, revisão judicial, agência de razão e deliberação e supervisão executiva, selam agências com verificações e balanços e, portanto, legitimação. Ainda assim, o desconforto com o Estado administrativo continua; inclusive, parece ser uma constante crise de legitimidade, sugerindo que a busca do direito administrativo por legitimidade não prosperou. Este artigo argumenta que essa crise de legitimidade se origina do conflito inerente entre hipóteses subjacentes às do direito administrativo e a Constituição. Esse conjunto de hipóteses difere profundamente das motivações de atores políticos e da natureza humana, da racionalidade na tomada de decisões políticas e administrativas, e em toda a legislação executiva na democracia. Este artigo compara a obra <em>O federalista</em>, as leis administrativas e a escolaridade para revelar aquelas diferenças. Mas este artigo não se engaja em uma crítica “original” do direito administrativo. Pelo contrário, mostra que a crise de legitimidade do direito administrativo inevitavelmente provém de chocante descontinuidade com premissas subjacentes à estrutura constitucional.</p>
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Sterett, Susan, Christopher F. Edley, and Cass R. Sunstein. "Administrative Law and Public Administration." Public Administration Review 51, no. 3 (May 1991): 281. http://dx.doi.org/10.2307/976954.
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MORA RUIZ, Manuela. "La simplificación administrativa en el Derecho comparado: el ejemplo de Portugal. Elementos exportables para una construcción sistemática del procedimiento administrativo desde la simplificación." RVAP 97, no. 97 (December 30, 2013): 349–78. http://dx.doi.org/10.47623/ivap-rvap.97.2013.10.
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LABURPENA: Administrazio Zuzenbidea erreformatzeko eta/edo modernizatzeko abian diren prozesuek dauzkaten printzipioen artean, Administrazioa sinplifikatzean datzana funtsezkoa da. Nazioarteko erakundeak Administrazioa sinplifikatzeko tresnak bultzatzen ari dira, eta gure inguruko herrialdeak hainbat modutara ari dira printzipio hori aplikatzen, administrazio-prozeduran zuzenean txertatuta. Lan honetako azterketa Zuzenbide konparatuan oinarritzen da, Portugalen administrazio-sinplifikazioa zer-nola txertatu duten begiratuz. Ikuspegi horretatik, Portugaleko ordenamendu administratiboa erreferente gisa har daiteke, bai administrazioa sinplifikatzeko egiazko politika diseinatzeagatik, bai administrazio-prozeduraren bidez teknikak positibatzeagatik, agerian jarriz erakunde hori oso egokia dela Administrazio Zuzenbidearen funtsezko aldaketak islatzeko. RESUMEN: La simplificación administrativa constituye un principio clave en los procesos de reforma y/o modernización del Derecho Administrativo que se están planteando en la actualidad. Los instrumentos de simplificación administrativa se están impulsando desde organizaciones internacionales, y están siendo acogidos de manera diversa en los países de nuestro entorno, proyectándose directamente sobre el procedimiento administrativo. Este Trabajo pretende un estudio de Derecho Comparado en torno a la incorporación de la simplificación administrativa en Portugal. Desde esta perspectiva, el Ordenamiento administrativo portugués puede considerarse un referente tanto en el diseño de una auténtica política de simplificación administrativa, como en la positivación de sus técnicas a través del procedimiento administrativo, poniendo de manifiesto la idoneidad de esta Institución para reflejar cambios fundamentales del Derecho Administrativo. ABSTRACT: Administrative simplification is one of the keys of the process of modernization of Administrative Law nowadays. The simplification techniques and instruments are taking place in administrative procedure because of the International Organizations’ interest and the resultant implementation process is different from one country to another. Therefore, this Paper aims to present a comparative study of the Portuguese Administrative Law regarding the bases and instruments of administrative simplification, so that Portugal can be considered as a reference in order to design a public policy of simplification and to incorporate its techniques in administrative procedure. From this point of view, we should remark how administrative procedure is a basic institution to reflect the changes of Administrative Law with regard to the principle of administrative simplification.
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Clark, David. "Teaching Administrative Law in Public Administration." Teaching Public Administration 5, no. 2 (September 1985): 26–47. http://dx.doi.org/10.1177/014473948500500204.
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Toner, Helen. "Administrative Law in Action: Immigration Administration." International Journal of Refugee Law 35, no. 2 (June 1, 2023): 240–42. http://dx.doi.org/10.1093/ijrl/eead017.
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Widdershoven, Rob, and Milan Remac. "General Principles of Law in Administrative Law under European Influence." European Review of Private Law 20, Issue 2 (April 1, 2012): 381–407. http://dx.doi.org/10.54648/erpl2012023.
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Abstract: Since 1935, general principles of law have represented an important feature in the face of Dutch administrative law and its development. Dutch administrative courts have played and still play an important role in the development of these principles and in bringing them to life. Although the evolution of legal principles has, in the past, depended mainly on the decision-making of national administrative courts, today we can see a shift from national courts to the European ones. European influence whether it is influence of the Court of Justice of the European Union or of the European Court of Human Rights (ECtHR) cannot be overlooked and has today a deep and indisputable impact on changes in the content of several national principles. In the last decade, we have also noted the emergence of a new type of normative standards - principles of good administration. All these changes are often reflected in existing national legal principles and the general principles of administrative law in the Netherlands are not an exception. Because of these reasons, we will discuss in the following article the essential features of the development of general principles of law in Dutch administrative law, while pinpointing the importance of European influences and the possible future of the principles. Résumé: Depuis 1935, les principes généraux du droit ont représenté une caractéristique importante de l'aspect du droit administratif néerlandais et de son évolution.Les tribunaux administratifs néerlandais ont joué et jouent encore un role important dans le développement de ces principes et dans leur création. Quoique l´évolution des principes légaux dépendait autrefois principalement des décisions des cours administratives nationales, on peut voir aujourd´hui un changement de direction partant des tribunaux nationaux vers les tribunaux européens. L´influence européenne, que ce soit l´influence de la Cour de Justice de l´Union européenne ou de la Cour européenne des Droits de l´Homme, ne peut être ignoréeet elle a aujourd´hui un impact profond et incontestable sur les changements du contenu de plusieurs principes nationaux. Durant la dernière décennie, on a pu également remarquer l´émergence d´un nouveau type de modèle normatif - les principes de bonne administration. Tous ces changements se reflètent souvent dans les principes légaux nationaux existants, et les principes généraux de droit administratif aux Pays-Bas ne font pas figure d'exception. Pour ces raisons, nous discuterons dans cet article des aspects essentiels de l´évolution de principes généraux de droit en droit administratif néerlandais, tout en mettant l´accent sur l´importance des influences européennes et sur l´avenir possible de ces principes.
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Murcott, Melanie, Gabrielle Burns, and Stewart Payne. "Administrative Law." Yearbook of South African Law 1 (2020): 1–26. http://dx.doi.org/10.47348/ysal/v1/i1a1.
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Sterett, Susan, and H. W. R. Wade. "Administrative Law." American Journal of Comparative Law 34, no. 1 (1986): 156. http://dx.doi.org/10.2307/840299.
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Sapna, Chadah. "Administrative Law." Indian Journal of Public Administration 51, no. 2 (April 2005): 301–4. http://dx.doi.org/10.1177/0019556120050213.
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Murcott, Melanie, Gabrielle Burns, and Stewart Payne. "Administrative Law." Yearbook of South African Law 1 (2020): 1–26. http://dx.doi.org/10.47348/ysal/v1/i1a1.
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Bae, Sangjoon. "German ‘New Administrative Law’ and Korean Administrative Law." Jeonbuk Law Review 66 (September 30, 2021): 83–107. http://dx.doi.org/10.56544/jblr.2021.09.66.83.
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Terekhova, Lydia A. "Judicial administrative procedural law v. administrative judicial law." Law Enforcement Review 3, no. 3 (November 6, 2019): 125–34. http://dx.doi.org/10.24147/2542-1514.2019.3(3).125-134.
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Pezzutti, Miguel. "Bases constitucionales del derecho administrativo uruguayo. / Constitutional bases of uruguayan administrative law." Revista Derecho Constitucional │Universidad Blas Pascal, no. 2 (September 13, 2021): 23–37. http://dx.doi.org/10.37767/2683-9016(2021)002.
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El artículo tiene por objetivo identificar los vínculos del Derecho Administrativo con el Derecho Constitucional en Uruguay, efectuando además algunas referencias comparativas con el Derecho Argentino. Enfoca en las raíces constitucionales de la Administración Pública en el Derecho Uruguayo basadas en la idea de centralidad de la persona humana. Analiza las fuentes del Derecho Administrativo reconocidas en el texto constitucional, así como importancia de los Principios Generales en la construcción de un sistema organizado y coherente. Con relación a la organización, se analiza la posición institucional del Poder Ejecutivo y las distintas formas de gestión administrativa, en particular las descentralizadas. Partiendo de los principios generales, se analiza la normativa relativa a la actividad administrativa y la importancia de los medios de defensa de las situaciones jurídicas de los particulares, así como las bases del servicio público.AbstractThe article aims to identify the links between Administrative Law and Constitutional Law in Uruguay, also making some comparative references with Argentine Law. It focuses on the constitutional roots of Public Administration in Uruguayan Law based on the idea of centrality of the human person. It analyzes the sources of Administrative Law recognized in the constitutional text, as well as the importance of the General Principles in the construction of an organized and coherent system. Regarding the organization, the institutional position of the Executive Branch and the diferent forms of administrative management, particularly decentralized ones, are analyzed. Starting from the general principles, the regulations relating to administrative activity and the importance of the means of defense of the legal situations of individuals are analyzed, as well as the bases of public service.
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Rodrigues Neto, Arnaldo, and Lucas de Souza Lehfeld. "Estado democrático de direito como princípio estruturante e a defesa da moralidade administrativa." Transições 1, no. 2 (December 14, 2020): 80–103. http://dx.doi.org/10.56344/2675-4398.v1n2a20205.
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O presente trabalho tem por objetivo a abordagem do Estado Democrático de Direito como princípio constitucional estruturante do Direito Administrativo, trazendo seus aspectos principiológicos e sua fundamentação teórica ao longo dos anos. O estudo pretende ainda demonstrar que o Estado Democrático de Direito consiste também em princípio fundamental, abordando ao seu final a relação causal interna entre a Democracia e os Direitos Fundamentais sob a ótica da Teoria Discursiva e como tais abordagens podem contribuir positivamente na defesa da moralidade administrativa através da concepção de um renovado regime jurídico, paradigma da Administração Pública democrática.
Abstract: This article analyzes the Democratic State of Law as a constitutional structuring principle of Administrative Law. In this sense, the research emphasizes its main aspects and its theoretical foundation over the years. The study also intends to demonstrate that the Democratic Rule of Law is a fundamental principle, addressing the internal causal relationship between Democracy and Fundamental Rights from the perspective of Discursive Theory and how such approaches can positively contribute to the defense of administrative morality through the design of a renewed legal regime, that is, a paradigm of democratic Public Administration.
Keywords: Democratic state of law. Administrative law. Discursive theory. Public administration.
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Mykolenko, O. I., and N. V. Dobrovolskaya. "LAW OBJECTIVES AND GOALS OF THE ADMINISTRATIVE LAW OF UKRAINE." Constitutional State, no. 49 (April 18, 2023): 58–65. http://dx.doi.org/10.18524/2411-2054.2023.49.276027.
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The article defines the goals of administrative law and describes them. It has been established that goal setting as a method of researching legal phenomena helps, firstly, to find out the orientations of legal regulation of law and its elements (branches, legal institutions, legal norms), and secondly, to determine the effectiveness of legal regulation, comparing with each other goals and results of legal regulation. At the same time, law is a multi-level system in which each level has its own specific set of goals determined by the subject of legal regulation. Established, goal setting helps to reveal the interdependence of the goals of legal regulation and the results of legal implementation. It was found that in scientific sources, administrative law was studied as an element of the legal system of Ukraine, as a systemic phenomenon, as a functional legal phenomenon, however, there are almost no publications dedicated to the goals of administrative law and its elements. In view of this, the study of goal setting in law and the goal of administrative law is considered relevant for the development of legal doctrine in Ukraine. It is proven that administrative law, as a branch of Ukrainian law, pursues the following basic goals: regulation of social relations, which are determined by the object and subject of administrative-legal regulation; protection of administrative legal relations and legal relations of other branches of Ukrainian law; consolidation of administrative proceedings regarding the implementation of material norms of administrative law. It was concluded that administrative law, as a branch of public law, has the following goals: consolidation of the mechanism of building a system of public administration bodies and the foundations of its functioning, the main duty of which is to affirm and ensure human rights and freedoms; establishment of legal standards for the organization of public service, which contribute to ensuring and realizing the rights and freedoms of a person and a citizen; establishment of legal standards for implementation of management procedures and management activities; establishment of legal standards for the implementation of law-making procedures regarding the issuance by subjects of public administration of bylaws; establishment of legal standards for the implementation of administrative procedures and public service activities; establishment of legal standards for the implementation of control activities by subjects of public administration; establishment of legal standards for law enforcement activities of public administration entities; establishment of methods and mechanisms of administrative-legal protection of violated rights and freedoms of a person in the public-legal sphere.
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Marques, Marcelo Henrique Pereira. "Administração pública democrática." Revista de Direito Administrativo 273 (September 17, 2016): 199. http://dx.doi.org/10.12660/rda.v273.2016.66661.
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<p>A emergência do estado democrático de direito, o fenômeno do neoconstitucionalismo e a passagem do autoritarismo para a democracia no Brasil apontam para a necessidade de readequação da teoria do direito administrativo. É preciso criar todo um novo contexto pela democratização das bases do direito administrativo. Ainda se mantém viva a racionalidade autoritária que deu origem ao direito administrativo, montada numa estrutura patrimonial e autoritária de poder, com a administração na posição de supremacia. Isso permite à administração pública brasileira se valer de uma base teórica ultrapassada para fundamentar posturas autoritárias. Daí questionar-se qual o papel do direito administrativo na construção de uma administração pública democrática. Um modelo de administrar que sinalize uma maior inserção da democracia no direito administrativo e na administração pública é o desafio atual da disciplina.</p><p> </p><p>The emergence of the Democratic Rule of Law State, the phenomenon of the neoconstitutionalism and the passage from authoritarianism to democracy in Brazil point to the necessity of creating a new context of democratization of the basis of the administrative law. The authoritarian rationality that gave birth to the administrative law is still alive, with the administration taking a position of supremacy. This allows the Brazilian public administration to use a surpassed theory to justify authoritarian postures. Therefore question what the role of the Administrative Law in the construction of a democratic public administration is. A model of administration that signalizes with a wider insertion of democracy in the administrative law and in the public administration is the contemporary challenge of the discipline.</p>
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Sudiarawan, Kadek Agus, Alia Yofira Karunian, Dewa Gede Sudika Mangku, and Bagus Hermanto. "Discourses on Citizen Lawsuit as Administrative Dispute Object: Government Administration Law vs. Administrative Court Law." Journal of Indonesian Legal Studies 7, no. 2 (December 21, 2022): 499–86. http://dx.doi.org/10.15294/jils.v7i2.60166.
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Citizen lawsuit mechanism has been used several times in Indonesian court procedure, although there is no regulation in this matter. The aims of this study were to determine the characteristic of citizen lawsuit in Indonesia, and the expansion meaning of the state administrative decision after the enactment of government administration law, as well as the potential for citizen lawsuit as dispute object of the state administrative court with comparation with serval countries in order to provide an appropriate legal system of citizen lawsuit as ius constituendum. This article used normative legal research with a conceptual approach, legislative approach, and comparative approach. The results indicated that the characteristic of a citizen lawsuit in Indonesia is generally a citizen access to represent the public interest in condition that the state fails to fulfill the rights of its citizen, and the plaintiff does not need to describe the losses he has suffered directly. The expansion of the meaning of state administrative decision under the Government Administrative Law has resulted in the competence of court and the dispute object has been expanded, thus if the citizen lawsuit is viewed from the administrative dispute perspective, it should be included in the State Administrative Court object. However, due to the limited expansion of Article 87 of the Government Administration Law by the Administrative Court Law, both of which are still valid, the State Administrative Court is not authorized to examine and adjudicate citizen lawsuits. Based on comparative data, there are several weaknesses of the citizen lawsuit system such as the legal standing of the applicant/plaintiff which make several countries have changed the provisions of the regulation.
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Kuo, Ming-Sung. "FROM ADMINISTRATIVE LAW TO ADMINISTRATIVE LEGITIMATION? TRANSNATIONAL ADMINISTRATIVE LAW AND THE PROCESS OF EUROPEAN INTEGRATION." International and Comparative Law Quarterly 61, no. 4 (October 2012): 855–79. http://dx.doi.org/10.1017/s0020589312000437.
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AbstractGlobalization redefines the relationship between law and space, resulting in the emergence of transnational administrative law in a globalizing legal space. I aim to shed light on transnational administrative law by examining how administrative law relates to the process of European integration. I argue that the idea of administrative legitimation is at the core of this relationship. In the European Union, transnational administration grounds its legitimacy on the fulfilment of administrative law requirements. However, given that in the European Union, administrative legitimation is rooted in Europe's constitutional transformation, I caution against the projection of Europe's experience onto global governance.
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Ordina, Olga N. "On Understanding the Administrative Law Subject." Administrative law and procedure 12 (December 10, 2020): 18–20. http://dx.doi.org/10.18572/2071-1166-2020-12-18-20.
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In the administrative and legal science there is a refinement, change and expansion of the subject of the dynamic branch of administrative law, aimed at eliminating the resulting lag of legal theory from the legal reality. In our view, of the three basic categories that characterize the subject of administrative law, “public administration”, “executive power” and “administrativepublic activity”, the main generalization category is the category “administrative and public activities”. The phenomenon of the subject of administrative law refracts the problems and discussions inherent in the industry as a whole. In view of the existence of different points of view on the subject of administrative law, the legal science has not yet formulated a single definition of it. There is a tendency to overcome the conflict between different types of understanding, to bring together the positions of different concepts of understanding of administrative law in order to form a “universal” concept of it, to develop its common concept.
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Matchuk, S. V. "Principles of administrative procedural law." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 184–87. http://dx.doi.org/10.24144/2788-6018.2022.01.34.
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This article is devoted to the characteristics of the content of the principles of administrative procedural law, taking into account the provisions of the draft Law of Ukraine "On Administrative Procedure". It is substantiated that in administrative-legal science the generally accepted concept of principles of administrative-procedural law is not formed, which generates discussions about their list, essence and purpose in administrative law. Therefore, it is important to study the concept of principles of administrative procedure.
The features inherent in the principles of administrative-procedural law are singled out: 1) the presence of a specific area of regulatory influence - administrative-procedural activities, 2) universality, 3) regulatory regulation, 4) fundamentality, 5) on the consideration and resolution of administrative cases, 6) the need and stability in resolving individual administrative cases in the field of public administration.
It is emphasized that the principles of administrative-procedural law reflect the worldview ideas on the settlement of relations between the subjects of public administration and persons on the consideration and resolution of administrative cases; they establish the essence of the rules of conduct of such entities; act systematically as a set of basic and general rules of conduct; their effect extends to all types of administrative procedures; they improve the sub-branch of administrative law, and their violation leads to the application of certain means of responsibility.
The author proposes to supplement the already listed in the draft Law of Ukraine "On Administrative Procedure", the list of principles of administrative procedure, the principles of administrative procedures in the state language; availability and customer focus.
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Nason, Sarah. "European Principles of Good Administration and UK Administrative Justice." European Public Law 26, Issue 2 (June 1, 2020): 391–420. http://dx.doi.org/10.54648/euro2020049.
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Recent interest in the harmonizing potential of European administrative law stems in part from the view that administrative states are facing a ‘legitimacy crisis’ and that administrative law must evolve to survive. Emergent ‘new administrative law’ no longer recognizes the state as a centralized leviathan, but rather as promoter, facilitator, regulator, and helmsman of domestic social and economic progress. In this article I argue that articulating shared ‘European’ principles of good administration and administrative law only goes part of the way to understanding this re-positioned administrative state, and that a better approach also focuses on the architecture of administrative justice. I outline various UK conceptions administrative justice and European conceptions of good administration and examine, for the first time, the impact that European principles of good administration have had on UK administrative justice. I argue that UK approaches to administrative justice help to meet the challenges of new administrative law by focusing on incorporating principles of good administration and human rights into the design architecture of institutions, as well as into administrative law itself. I conclude that there is potential to develop, through further comparative analysis, European conceptions of administrative justice, overlapping with and complementary to, European principles of good administration. Good administration, administrative justice, Council of Europe, European administrative law, right to good administration
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Mikhrovska, M. S. "Administrative Law: from state administration to human-centeredness." Analytical and Comparative Jurisprudence, no. 2 (June 23, 2023): 240–44. http://dx.doi.org/10.24144/2788-6018.2023.02.40.
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The dynamism of the legislation on which administrative law is based makes it extremely sensitive to all social changes, in particular to changes related to the direct interaction of the state and society, both positive and negative. The author draws attention to the fact that during Soviet time, administrative law became a powerful tool for influencing the consciousness of citizens, and, due to the replacement of the concept of administrative law and its basic categories, the Soviet authorities managed to transform administrative law into the system of imperative prescriptions and prohibitions. In addition, the author emphasizes that precisely because of this, administrative law was left without basic categories as such - without its own subject, purpose, and even principles.The article shows why precisely at this stage of the development of our state, we cannot and should no longer refer to the category “state administration” and use it both in legislation and in everyday life.It was noted that the main part of the legal relations, which today make up the content of administrative law, are not administrative in nature, and therefore administrative law itself can no longer be called “administrative” and “imperative”.The author emphasizes that administrative law today remains an extremely important and fundamental branch of law, which needs to be updated through the transition from the above-mentioned state administration to public administration through the transition from the concept of statecenteredness to human-centeredness.After all, it is the concept of humancenteredness, in contrast to state-centerednessthat recognizes a person, his life and health, honor and dignity as the highest social value, and his rights and freedoms determine the content and direction of the state’s activities, as required by the Basic Law of the State.
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Joung, Youn Boo. "Review of Issues on Codifying the General Principles of Administrative Law by the GENERAL ACT ON PUBLIC ADMINISTRATION." National Public Law Review 19, no. 2 (May 31, 2023): 207–37. http://dx.doi.org/10.46751/nplak.2023.19.2.207.
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Before the enactment of the GENERAL ACT ON PUBLIC ADMINISTRATION, administrative law had a circular system. The general principles as an unwritten source of administrative law have played a wide role as a central source of law in that system. The general principles have recently been codified with the GENERAL ACT ON PUBLIC ADMINISTRATION enacted. There were already some examples that the general principles as an unwritten source of administrative law were codified. However, the meaning of this codification is different from the past in that the general principles of administrative law, which were a large part of the existing administrative law, have been changed into a written source of law by the GENERAL ACT ON PUBLIC ADMINISTRATION which takes the form of general law. In this regard, it is necessary to examine the significance of codifying the general principles of administrative law by enacting the GENERAL ACT ON PUBLIC ADMINISTRATION. This study investigates the significance from various aspects. First, it analyzes the significance of codifying an unwritten source of administrative law by the GENERAL ACT ON PUBLIC ADMINISTRATION. Subsequently, the significance of codifying the general principles of administrative law is analyzed. The significance derived from this study could contribute to the complementary operation of the general principles as an unwritten source of administrative law and the general principles under the GENERAL ACT ON PUBLIC ADMINISTRATION. In addition, despite the fact that some general principles of the administrative law have been codified by the GENERAL ACT ON PUBLIC ADMINISTRATION, the general principles as an unwritten source of the administrative law are still expected to be actively operated as laws.
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Błaś, Adam. "Problem samodzielności organu administracyjnego w świetle idei państwa prawnego." Przegląd Prawa i Administracji 114 (August 10, 2018): 71–75. http://dx.doi.org/10.19195/0137-1134.114.3.
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PROBLEM OF INDEPENDENCE OF THE ADMINISTRATIVE ORGAN IN THE LIGHT OF THE IDEA OF A STATE OF LAWIn the science of administrative law and the science of administration, the problem of independence of administration was examined against the background of the idea of a state of law. In the classical science of administrative law, the view was taken that the main form of independence of the administrative organ is the so-called sphere of administrative discretion. However, it is not the only form of independence of the administration, because the norms of administrative substantive law, systemic law and procedural law allow for various administrative powers to act independently.
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Kim, Hyun-Joon. "Administrative Law and Private Law." Justice 181 (December 31, 2020): 80–108. http://dx.doi.org/10.29305/tj.2020.12.181.80.
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Sirojudin, Muhammad Rizal. "Administrative Appeal Efforts in Indonesian Administrative Dispute Resolution After the Government Administration Law (Pre-Omnibus Law)." Ahmad Dahlan Legal Perspective 2, no. 2 (December 15, 2022): 75–88. http://dx.doi.org/10.12928/adlp.v2i2.6251.
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Administrative effort is an effort to resolve disputes in the Indonesian State Administrative Court. This administrative effort changed after the Omnibus Law was introduced. However, the Omnibus Law itself will be changed in the future because there is a demand for a constitutional court decision. Therefore, administrative efforts have the potential to change back to what it was before the Omnibus Law. This study aims to determine the competence of existing changes in administrative efforts. This research method is carried out using a normative approach that is based on browsing library materials or secondary data. The result to be achieved in this research is to give a prescription that Law Number 30 of 2014 concerning Government Administration has its own procedural process, even though this Law is sectoral.
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Ponce. "Good Administration and Administrative Procedures." Indiana Journal of Global Legal Studies 12, no. 2 (2005): 551. http://dx.doi.org/10.2979/gls.2005.12.2.551.
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Agapov, A. B. "Dogmatics of administrative law." Courier of Kutafin Moscow State Law University (MSAL)), no. 5 (July 15, 2024): 134–41. http://dx.doi.org/10.17803/2311-5998.2024.117.5.134-141.
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The basic terms and definitions inherent in Soviet administrativelegal science are examined; dogmatic concepts currently used in everyday life in domestic science and teaching need to be improved; in many cases they are not applicable in the existing political and legal realities. The concept of “public administration” does not correspond to its purpose in the conditions of separation of powers, constitutional and legal guarantees for the activities of executive authorities, pluralism of various forms of ownership, especially non-public ones. Using the example of teaching activities in the field of German administrative law, the need to distinguish between various training courses is shown, first of all, substantiating the theoretical postulates of German administrative law science — Verwaltungslehre, Polizeiund Ordnungsrecht, from training courses devoted, just like in domestic administrative law , the study of the institutions of the Special Part of Administrative Law — Besonderes Verwaltungsrecht. The dogma of “public administration” is now being replaced by the study of the theoretical postulates of the executive branch, with special attention should be paid to the generality and subordination of public and civil regulation in various spheres of government influence, primarily in relation to property regulation, which is especially significant in conditions of the dominance of public property relations , based on the hierarchical subordination of their participants, and not regulated by civil law.
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Fleszer, Dorota. "JUDGE-MADE LAW AS AN UNORGANISED SOURCE OF ADMINISTRATIVE LAW." Roczniki Administracji i Prawa 2, no. XXIV (June 30, 2024): 39–50. http://dx.doi.org/10.5604/01.3001.0054.6726.
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The specific nature of unorganised (extraconstitutional) sources of administrative law is particularly visible against the background of constitutional (organised) sources of law. It does not fit into the rigid positivistic framework established by the Constitution. Rather, it is something separate, and the catalogue of sources of administrative law is broader than that of the constitutional sources of law. One form of law in this catalogue is judge-made law (case law). Contemporary administrative law owes a lot to it. Indeed, it has a significant impact on shaping the rights and obligations of the addressees of administrative law regulations. This, in turn, is the subject matter of the activities undertaken by public administration authorities.
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Spiridonov, P. E. "Administrative Delicts and Administrative Delict Law." Siberian Law Review 17, no. 4 (December 31, 2020): 545–56. http://dx.doi.org/10.19073/2658-7602-2020-17-4-545-556.
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The subject of study in this paper are administrative-delict legal relations and the terms associated with this kind of relations. The purpose of the study is to analyze the nature of offences and administrative delicts. It is stated that the use of the term “delictum” it's been a certain evolution from private legal term in the sense of “delicta private” to the term, which can be used both in the sense of “delicta private” and value of “delicta publica”. The conclusion is that the term “delict” may be used in public relations and administrative legal use of the term “administrative delict”. Expanding the range of investigated administrative and delict relations, entails a change and the essential characteristics of administrative offenses, and also creates preconditions for formation of administrative-tort system of prevention of offenses, including not only administrative offences but also other offences that are not related to crimes and civil offenses. In this case, the responsibility should be named administrative and delict, which, in essence, will include a modern administrative and administrative-disciplinary liability. Depending on the nature of the administrative delict may be subdivided into administrative offense and administrative misdemeanor. The essential characteristics of an administrative offense should be upheld, and administrative misdemeanor must be attributed those acts which are now administrative and disciplinary misconduct. With this division of administrative delicts it is possible to realize a codification of administrative and delict legislation, i.e. the creation of Administrative-delict code of the Russian Federation. The work also made the assumption that procedural violations are treated as administrative delict. An attempt is made to distinguish between material legal relations in administrative law and administrative procedural legal relations. Concluded that you cannot mix administrative-tort legal relations, as a kind of material with tort and procedural legal relations. In turn, tort and procedural legal relations are an integral part of administrative and legal proceedings, and administrative delict production is an integral part of the administrative process. The methodological basis of the article is dialectical, formal logical methods, formal-legal method and method of interpretation of law.
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Spiridonov, P. E. "Administrative Delicts and Administrative Delict Law." Siberian Law Review 17, no. 4 (December 31, 2020): 545–56. http://dx.doi.org/10.19073/2658-7602-2020-17-4-545-556.
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The subject of study in this paper are administrative-delict legal relations and the terms associated with this kind of relations. The purpose of the study is to analyze the nature of offences and administrative delicts. It is stated that the use of the term “delictum” it's been a certain evolution from private legal term in the sense of “delicta private” to the term, which can be used both in the sense of “delicta private” and value of “delicta publica”. The conclusion is that the term “delict” may be used in public relations and administrative legal use of the term “administrative delict”. Expanding the range of investigated administrative and delict relations, entails a change and the essential characteristics of administrative offenses, and also creates preconditions for formation of administrative-tort system of prevention of offenses, including not only administrative offences but also other offences that are not related to crimes and civil offenses. In this case, the responsibility should be named administrative and delict, which, in essence, will include a modern administrative and administrative-disciplinary liability. Depending on the nature of the administrative delict may be subdivided into administrative offense and administrative misdemeanor. The essential characteristics of an administrative offense should be upheld, and administrative misdemeanor must be attributed those acts which are now administrative and disciplinary misconduct. With this division of administrative delicts it is possible to realize a codification of administrative and delict legislation, i.e. the creation of Administrative-delict code of the Russian Federation. The work also made the assumption that procedural violations are treated as administrative delict. An attempt is made to distinguish between material legal relations in administrative law and administrative procedural legal relations. Concluded that you cannot mix administrative-tort legal relations, as a kind of material with tort and procedural legal relations. In turn, tort and procedural legal relations are an integral part of administrative and legal proceedings, and administrative delict production is an integral part of the administrative process. The methodological basis of the article is dialectical, formal logical methods, formal-legal method and method of interpretation of law.
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Noll, David. "Administrative Sabotage." Michigan Law Review, no. 120.5 (2022): 753. http://dx.doi.org/10.36644/mlr.120.5.administrative.
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Government can sabotage itself. From the president’s choice of agency heads to agency budgets, regulations, and litigating positions, presidents and their appointees have undermined the very programs they administer. But why would an agency try to put itself out of business? And how can agencies that are subject to an array of political and legal checks sabotage statutory programs? This Article offers an account of the “what, why, and how” of administrative sabotage that answers those questions. It contends that sabotage reflects a distinct mode of agency action that is more permanent, more destructive, and more democratically illegitimate than more-studied forms of maladministration. In contrast to an agency that shirks its statutory duties or drifts away from Congress’s policy goals, one engaged in sabotage aims deliberately to kill or nullify a program it administers. Agencies sabotage because presidents ask them to. Facing pressure to dismantle statutory programs in an environment where securing legislation from Congress is difficult and politically costly, presidents pursue retrenchment through the administrative state. Building on this positive theory of administrative sabotage, this Article considers legal responses. The best response, this Article contends, is not reforms to the cross-cutting body of administrative law that structures most agency action. Rather, the risk of sabotage is better managed through changes to how statutory programs are designed. Congress’s choices about agency leadership, the concentration or dispersal of authority to implement statutory programs, the breadth of statutory delegations, and other matters influence the likelihood that sabotage will succeed or fail. When lawmakers create or modify federal programs, they should design them to be less vulnerable to sabotage by the very agencies that administer them.
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Noll, David. "Administrative Sabotage." Michigan Law Review, no. 120.5 (2022): 753. http://dx.doi.org/10.36644/mlr.120.5.administrative.
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Government can sabotage itself. From the president’s choice of agency heads to agency budgets, regulations, and litigating positions, presidents and their appointees have undermined the very programs they administer. But why would an agency try to put itself out of business? And how can agencies that are subject to an array of political and legal checks sabotage statutory programs? This Article offers an account of the “what, why, and how” of administrative sabotage that answers those questions. It contends that sabotage reflects a distinct mode of agency action that is more permanent, more destructive, and more democratically illegitimate than more-studied forms of maladministration. In contrast to an agency that shirks its statutory duties or drifts away from Congress’s policy goals, one engaged in sabotage aims deliberately to kill or nullify a program it administers. Agencies sabotage because presidents ask them to. Facing pressure to dismantle statutory programs in an environment where securing legislation from Congress is difficult and politically costly, presidents pursue retrenchment through the administrative state. Building on this positive theory of administrative sabotage, this Article considers legal responses. The best response, this Article contends, is not reforms to the cross-cutting body of administrative law that structures most agency action. Rather, the risk of sabotage is better managed through changes to how statutory programs are designed. Congress’s choices about agency leadership, the concentration or dispersal of authority to implement statutory programs, the breadth of statutory delegations, and other matters influence the likelihood that sabotage will succeed or fail. When lawmakers create or modify federal programs, they should design them to be less vulnerable to sabotage by the very agencies that administer them.
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Саранчук, Юрий, Yuriy Saranchuk, Игорь Мукиенко, and Igor Mukienko. "FUNCTIONAL MODEL OF ADMINISTRATIVE LAW." Advances in Law Studies 6, no. 2 (September 20, 2018): 20–25. http://dx.doi.org/10.29039/article_5b85b382a67ef7.08311690.
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The article considers a methodological approach to the analysis of administrative law as a system. The basis of this approach is the different content characteristic of the category "function" in the theory of administrative law. A brief overview of legal models based on the regulatory and protective functions of administrative law, public administration functions, and the functions of federal executive bodies is given.
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Nozdrachev, Aleksandr F., and Andrey A. Mamedov. "International Administrative Law." Administrative law and procedure 9 (September 9, 2021): 4–10. http://dx.doi.org/10.18572/2071-1166-2021-9-4-10.
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The modern paradigm of the development of national administrative legislation in Russia is the paradigm of globalization. Globalization is a process of erasing not only economic barriers between national economies, but also the boundaries of national jurisdictions. The constantly dynamically increasing array of international legal regulators in the management of the processes of state activity makes it necessary to systematize of international legal regulators, thereby forming in its generalizing totality international administrative law.
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Riesenfeld, Stefan A., and Jurgen Schwarze. "European Administrative Law." American Journal of Comparative Law 42, no. 2 (1994): 449. http://dx.doi.org/10.2307/840754.
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Trinidad, Jamie. "Overview: Administrative Law." Cambridge Journal of International and Comparative Law 1, no. 2 (2012): 102–4. http://dx.doi.org/10.7574/cjicl.01.02.21.
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Gélinas-Faucher, Bruno. "Overview: Administrative Law." Cambridge Journal of International and Comparative Law 3, no. 1 (2014): 249–53. http://dx.doi.org/10.7574/cjicl.03.01.153.
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Greene, George F. "Administrative Law Corrections." Home Healthcare Nurse: The Journal for the Home Care and Hospice Professional 6, no. 3 (May 1988): 38. http://dx.doi.org/10.1097/00004045-198805000-00010.
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Tollenaar, Albertjan. "Repressive administrative law." European Journal of Social Security 20, no. 1 (March 2018): 21–30. http://dx.doi.org/10.1177/1388262718761392.
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Bouchard, Mario. "Administrative Law Scholarship." Osgoode Hall Law Journal 23, no. 3 (July 1, 1985): 411–25. http://dx.doi.org/10.60082/2817-5069.1894.
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Staša, Josef. "Režimy správního práva." AUC IURIDICA 67, no. 4 (December 7, 2021): 61–76. http://dx.doi.org/10.14712/23366478.2021.38.
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The administrative law regime means a typical legal construction, which expresses the way of connecting an administrative law norm with this norm anticipated administrative law relationship through a certain legally significant fact. From the point of view of public administration addressees, it is appropriate to differ regimes of granting rights and regimes of imposing obligations primarily. Many regimes have a superstructure (secondary) nature, they assume the earlier existence of other (primary) rights and obligations. In addition to unilateral regimes, there are also bilateral or multilateral regimes of administrative law, which are an expression of cooperation in connection with the performance of public administration. From the point of view of public administration bodies, it is possible to distinguish several (administrative) regimes of exercise of their competence (powers). A kind of complement is the regimes that determine the boundaries of administrative regulation (between public law and civil law; between national law and European law). The application of some regimes or their combination typically results in the general administrative law concepts (= the tangles of administrative law norms cemented by the need and effort to solve certain idealized situations, deprived of their specific content). The research of administrative law regimes may perhaps contribute to a more plastic and systematic doctrinal characterization of material administrative law.
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Khandanian, Rafik. "PROBLEMS OF THE DEVELOPMENT OF ADMINISTRATIVE LAW AND ADMINISTRATIVE AND LEGAL DOCTRINE IN THE REPUBLIC OF ARMENIA (CONCEPT AND SUBJECT MATTER OF ADMINISTRATIVE LAW, ADMINISTRATIVE LAW WITHIN THE SYSTEM OF PUBLIC LAW, THE SYSTEM AND SCIENCE OF ADMINISTRAT." Administrative law and process, no. 2(25) (2019): 43–66. http://dx.doi.org/10.17721/2227-796x.2019.2.04.
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The author of this study has studied in details the problems of the formation and development of administrative law, administrative and procedure law, administration and administrative doctrine in the Republic of Armenia (Khandanian, 2019). The relevance of the research. The integrated institution of systemic protection of individual rights and freedoms became a part of administrative and legal regulation’s mechanism in the areas of administration and administrative procedure after the amendments to the Constitution of the Republic of Armenia (December 6, 2015), which established the legal protection of individual rights and freedoms as a priority (the Art. 3 and Chapter 2 of the Constitution of the Republic of Armenia). The national science of administrative law at present time, is undergoing a rethinking, updating and replenishment of the conceptual apparatus. This process is associated with changes in the economic and legal systems of the Armenian society. The tasks related to the formation of the civil society and legal state in Armenia make it necessary to take a fresh look at many administrative and legal concepts that have become customary with regard to their compliance with the modern stage of development of administrative law and the science of administrative law of the Republic of Armenia. The theory of administrative law, which has the status of fundamental science in the system of national jurisprudence, faces complex challenges – revising and rethinking the scope of such fundamental concepts as legal personality issues in administrative law, as well as the concepts and content of administration, administrative and legal acts, the purpose and objectives of administrative procedure, etc. Objective of the research. The objective of the research is to develop the basic provisions of the scientific concept of modern administrative law and procedure corresponding to what happened in Armenian society. Besides, the present study is aimed at a comprehensive, interrelated study of theoretical problems of administrative law and procedure in the context of the reforms carried out in our country, the transfer of legal theory and practice into a qualitatively new status. Research method. The methodological basis of the research consists of the provisions of modern scientific methodology, the latest tools and methods of the theory of administrative law and other branches of law. While working on the topic the author has focused on the results of the research of national and international theorists and practitioners working in the areas of public administration and administrative procedure. The systematic approach to the problems of administrative law made it possible to conduct a thorough analysis of the attributes of administrative law and procedure. The author of the work has also used the methods of scientific cognition, logical methods of analysis, synthesis, generalization, comparison, abstraction. According to the author of the research, the analysis of any state and legal problem, including the problem of administrative law and procedure, should be carried out on the basis of the concept of the rule of law state. The main results of the research. The implementation of the norms of administrative law in the modern period of the development of the Armenian society is one of the most urgent tasks of the state and legal activity. Administrative and legal norms are of paramount importance for the entire society in the and for each citizen of the Republic of Armenia in particular, through the regulatory acts of its agencies related to ensuring the rights and legitimate interests of citizens and economic entities in the field of public administration. The norms of administrative law play an important role in the regulation, organization and functioning of the state apparatus, ensuring the proper and timely definition of positive relations in the field of public administration through administrative procedures and regulations. In this regard, the author focuses on the key issues of political and legal modernization and improvement of administrative law and procedure of the Republic of Armenia. In particular, the author has revealed the content and characteristics of the subject matter of administrative law of the Republic of Armenia, the place of administrative law in the system of public law, the system and science of administrative law. As a result of the work, carried out in accordance with the objective of the research, the author has come to certain results and conclusions that probably reflect the main tendencies in the development of administrative law and procedure of the Republic of Armenia and, in our opinion, will contribute to enrichment of the conceptual apparatus of the science of administrative law and procedure. The improvement and amendments of Armenian legislation, the socio-economic and political reforms carried out in the Republic of Armenia, and the transformation of administrative apparatus have a significant influence on the science of administrative law. According to the author of the research, it is almost impossible to find a sphere of public relations that would not be left without administrative and legal influence. The author of the research has also paid attention to the problems of administrative procedure, administration, legality, administrative justice, correlation of administrative law, procedure, administration and the relevance of the problems of law-enforcement practice. The research that we have carried out suggests that separation from the absolutization of the regulatory approach to administrative law prevailing in the Soviet legal science, diversity of opinions is in legal thinking and integration of legal sciences, the subject of which includes administrative law and procedure as objects of the research, in predetermining changes in the subject matter’s content, system and structure of administrative law and procedure. The systematic approach to study basic institutions of administrative law deepens our understanding of the social nature of administrative law and procedure, allows for a deeper study of individual institutions and categories of administrative target-oriented development of a civilized society. Due to changes occurring in the country, the system and structure of administrative law and procedure, as well as formal sources of administrative law (for example, judicial and administrative precedent) also change. The author of the research has highlighted the importance of creating an adequate philosophical, legal and ideological paradigm of the development of administrative legal awareness and worldview, ensuring legal stabilization of Armenian society in the context of modernization of the political system of the Republic of Armenia and declared reform, based on key principles of modern democratic law, respect and protection of human rights and freedoms. Conclusions. The following conclusion, formed in the work, is that the doctrinal understanding of administrative jurisprudence is, to say the least, inconsistent; this is the main problem of the theory of administrative law, which, in the author’s opinion, can be removed by reforming legislation (for example, with the adoption of the new Code on Administrative Offenses, etc.). According to the author, it can be stated that the importance of administrative and administrative procedural legislation, as well as the norms of administrative law in general, attracted and attracts the attention of scholars and practitioners. Considering the current tendency in the development of legal science, it can be argued that the science of administrative law will continue to develop intensively and perspectively in the future.
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Rajab, Hashim. "Concept of Government Civic Responsibility in Administrative Law." International Journal of Law and Politics Studies 5, no. 3 (June 14, 2023): 183–91. http://dx.doi.org/10.32996/ijlps.2023.5.3.10.
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Administrative law is responsible for explaining an administrative rule and expressing the correct manner of an administrative lawsuit to provide administrative justice in public administration in the best way. One of the important topics of administrative law is government civil responsibility. The government, such as the ordinary people, is responsible for its actions and administration. And This responsibility requires that harmful action issued from the government, which causes damage caused by the legitimate action of the administration. The importance of research is that it paves one of the ways to know by that the relationship between administrative rights and civil rights and awareness of administrative rights in Afghanistan's legal system. This research is a descriptive and library of quotes and tries to simplify the authoritative sources of administrative rights in Afghanistan. The research findings show that the government must compensate for the actions and acts of their administration, which result from the person's losses. But which losses are compensable and which losses are not compensable? The administrative procedures law explicitly states that another law regulates the Government's civil responsibility. Because there is no specific law in this case, we must search for its rules in other country documents.
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Endang, M. Ikbar Andi, Moh Fadli, Istislam Istislam, and Dewi Cahyandari. "Dialectics of the Urgency of Reforming The Law of State Administrative Justice as a Synthesis." Jurnal Dinamika Hukum 22, no. 1 (May 31, 2022): 1. http://dx.doi.org/10.20884/1.jdh.2022.22.1.3194.
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Dialectically, previously the handling and settlement of state administrative disputes used Law Number 5 of 1986 concerning the Administrative Court Law which was twice revised with Law Number 9 of 2004 and Law Number 51 of 2009 as the legal instrument of the procedure ( thesis). However, currently, the procedural law used in resolving state administrative and government administrative disputes also uses the Supreme Court Regulation instrument. This is because the Administrative Court Law Law cannot accommodate the development of material administrative law requirements and administrative law enforcement provided by sectoral laws. Apart from that, in practice, there have been changes and shifts in most of the content of procedural law (material and formal) in the Administrative Court Law. This shift was influenced by the enactment of Law Number 30 of 2014 concerning Government Administration and sectoral laws which later became the basis for the formation of a Supreme Court Regulation. The two regulations later became guidelines for proceedings in the Administrative Court Law which had a paradoxical relationship. In one aspect, there is an interrelation between the law on Administrative Court Laws, the law on government administration, and the regulations of the Supreme Court, but in other aspects, it creates an antinomy of norms. Therefore, it is important in legal reform to encourage systematic thinking to synchronize and harmonize the material and formal content of the material and formal procedural laws that are unified as a synthesis.Keywords: dialectics, harmonization of law, shifting, state administration judicial procedural law
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Tskhadadze, Ketevan. "DEVELOPMENT OF THE ADMINISTRATIVE LAW IN GEORGIA." Administrative law and process, no. 2(25) (2019): 28–42. http://dx.doi.org/10.17721/2227-796x.2019.2.03.
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Purpose. In 1999 the adoption of the General Administrative Code and Administrative Procedure Code in Georgia gave basis for creation of the new administrative law, since before the entry into force of the above-mentioned codes, Georgia had no tradition of the administrative law and, hence, no practice of the administrative justice. In Georgia being part of the Soviet Union, and in the Soviet Union overall, the administrative law did not exist with the understanding that is regulated by the modern administrative law. The communist doctrine of the administrative law radically differs from the modern administrative law because in those times the administrative legislation was mainly defining the citizens’ obligations before the administration, rather than ensuring citizens’ rights and protection of their interests. Methods. Therefore, the article discusses development stages of the administrative law, the path gone through by the administrative law starting from the formulation until present time, also the Soviet heritage and its influence on the development of the administrative law is discussed, along with the influence of the European reception and establishment within the Georgian legislation, the core factors are analyzed, which caused the necessity of the creation of new administrative law. Results. The significant part in the article is devoted to the discussion of the subject of administrative law and system of administrative law on the example of the Georgian administrative law. The core elements of the implementation of public administration are discussed, the notion of the administrative body, forms of activity of the administrative body and basic principles that are characteristic to the Georgian administrative law. Conclusions. In this regard, the important place is given to particularities of the administrative proceeding and judicial process in Georgia, namely, so called “prejudicial” rule of appealing within the administrative body, suspensive effect of the administrative appeal, principles of disposition and inquisition in the administrative process, as well as the institute of the amicus curiae is discussed, as a particularity of the Georgian administrative justice.
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HALAI, Mykhailo, and Ihor KOSIAK. "Public interest in administrative law." Economics. Finances. Law, no. 5/1 (May 26, 2021): 37–40. http://dx.doi.org/10.37634/efp.2021.5(1).8.
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Today the concept of “public interest” plays a significant role in public law. It would then be important to define the concept for better understanding and application in administrative law. The paper is devoted to the analysis of the definition of «public interest». The uncertainty of the concept in the legislation is noted. The questions of genesis of concept of «interest» in law; division of right into private and public; division of interest into private and public interest. Considered views on the definition of interest in law. The exercise of public interest by organs of public administration by issuing administrative acts is specified. The meaning of public interest has been defined. The role of public interest in the activities of public administration bodies has been established. The importance of balancing individual and collective interests was emphasized. The types of public interest are defined, and the concept of public interest in administrative law is enshrined in domestic legislation. The ambiguity of the legal acts defining the types of public interest that are laid down in the legislation is indicated. Special features of public interest have been formed. It is further stated that the public interest is the content of the legal relationship between citizens and the public administration. The importance of State guarantees for the possibility of realizing a public interest has been established. With the help of the powers of the local State administrations, signs of public interest were examined. It has been established that it is possible for public authorities to define the concept of public interest. The use of types of public interest in legal proceedings, the safeguarding and realization of public interest by administrative law and the importance of a legislative definition of public interest have been proved. The opinion defines the concept of public interest in administrative law as a set of private interests in administrative legal relations which (aggregate) It is provided by appropriate legal means and is implemented through executive administrative acts. In addition, the report indicates the main features of public interest.
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Ноздрачев, Александр, Alyeksandr Nozdrachyev, Влада Лукьянова, and Vlada Lukyanova. "SCHOOL OF ADMINISTRATIVE LAW: COMPARATIVE LAW ASPECT." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16121.
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Scientific life at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, which will celebrate its 90th anniversary in 2015, is developing in various ways. Special place is occupied by scientific schools — sustainable community of scientists, developing concepts’ principles and systems, legal regulation mechanisms that ensure consistency and continuity of scientific research results. This article examines the impact of scientific analysis of foreign law and acts of international law on the development of the administrative law science at different development stages of one of the Institute’s oldest scientific schools — the School of Administrative Law. The article demonstrates the possibility of perception of positive scientific results, ideas, views and positions of leading scientists of the School through theory and practice of modern public administration in the process of finding legal solutions for regulation of new phenomena that require streamlining.
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Heinzerling, Lisa. "Classical administrative law in the era of presidential administration." Revista de Direito Administrativo 279, no. 1 (April 29, 2020): 15. http://dx.doi.org/10.12660/rda.v279.2020.81362.
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<p><span>Direito administrativo clássico na era da administração presidencial</span></p><p><span><br /></span></p><p>ABSTRACT<br />Farber and <span>O’Connell described ways in which contemporary practice departs from classical administrative law and they have done a great service by so carefully identifying the gaps between both. Administrative practice today is out of step with classical doctrine, but Farber and O’Connell’s argument exaggerates the divergence in one important aspect. Classical administrative law requires regulatory decisions to be taken by the agencies responsible for the status of making them, on the basis of </span><span>statutory procedures and criteria however, it should be remembered that the administrative law itself is divided. In short, the recommendation is not to give up all the basic premises of classical administrative law, it’s about looking at the differences and understand how much of it should be maintained.</span></p><p><span><br /></span></p><p><span>RESUMO<br />Farber e O’Connell descreveram maneiras pelas quais a prática contemporânea se afasta do direito administrativo clássico e fizeram um grande serviço ao identificar tão cuidadosamente as lacunas entre os dois. A prática administrativa nos dias atuais está fora de sintonia com a doutrina clássica, porém o argumento de Farber e O’Connell exagera na divergência em um aspecto importante. O direito administrativo clássico exige que as decisões regulatórias sejam tomadas pelas agências encarregadas por fazê-las, com base em procedimentos e critérios legais, porém se deve lembrar de que o direito administrativo em si é dividido. Em suma, a recomendação não é desistir de todas as premissas básicas do direito administrativo clássico, e sim analisar as divergências e entender o quanto dele deve ser mantido.</span></p>
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Kaplunov, Andrey I. "Actual problems of Administrative and Administrative Procedural Law." Gosudarstvo i pravo, no. 9 (2021): 185. http://dx.doi.org/10.31857/s102694520016739-3.
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March 26, 2021 in the St. Petersburg University of MIA of Russia held a plenary meeting of the International scientific-practical conference ("Sorokin readings"), which was presented to materials published to the day of the conference the collection and held an exchange of views on the problems of modernization of public administration, Administrative and Administrative Procedural Law, on theoretical and applied problems of improving legislation on administrative offenses and administrative-jurisdictional activities, security and public order, development of the police and other law enforcement activities.