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1
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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Vermeule, Adrian. "Optimal abuse of power." Revista de Direito Administrativo 278, no. 3 (December 20, 2019): 15. http://dx.doi.org/10.12660/rda.v278.2019.80829.
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<p>Abuso de poder otimizado</p><p> </p><p>Argumentarei que, no estado administrativo, ao contrário da teoria constitucional clássica, o abuso de poder do governo não é algo a ser estritamente minimizado, mas otimizado. Um regime administrativo tolerará um nível previsível de desgoverno, mesmo de abuso de poder, como subproduto inevitável para se atingir outros fins no geral desejáveis. Existem três fundamentos principais para essa alegação. Primeiro, os arquitetos do moderno estado administrativo estavam preocupados não apenas com os desgovernos dos representantes do poder público. Eles estavam igualmente preocupados com o desgoverno “privado” — o desgoverno, por meio de comportamento visando o interesse próprio ou o benefício próprio, de atores econômicos que controlam e abusam do poder segundo as regras do direito consuetudinário do século XVIII sobre propriedade, responsabilidade extracontratual e contratos. Assim, o estado administrativo tem diante de si a escolha entre o desgoverno público e o “privado”. Segundo, a taxa de mudanças no ambiente político, especialmente na economia, é muito maior do que no final do século XVIII — tão maior que o estado administrativo foi forçado, por bem ou por mal, a acelerar o ritmo de ajuste nas políticas. O principal mecanismo de aceleração foi uma delegação cada vez maior ao Poder Executivo, aceitando os riscos resultantes de erro e abuso. Terceiro, os custos de aplicação das regras legais contra representantes do Poder Executivo são necessariamente positivos e plausivelmente altos, em parte porque quaisquer monitores institucionais criados para detectar e punir abusos devem ser monitorados eles próprios quanto a abusos. Os arquitetos do estado administrativo acreditavam que um governo que sempre forma julgamentos imparciais e que jamais abusa de seu poder fará muito pouco, com excessivo amadorismo e extrema lentidão. Nesse sentido, o estado administrativo está constantemente à procura de uma solução institucional que incorpore um nível ideal de abuso de poder.</p><p> </p><p>I will argue that in the administrative state, in contrast to classical constitutional theory, the abuse of government power is not something to be strictly minimized, but rather optimized. An administrative regime will tolerate a predictable level of misrule, even abuse of power, as the inevitable byproduct of attaining other ends that are desirable overall. There are three principal grounds for this claim. First, the architects of the modern administrative state were not only worried about misrule by governmental officials. They were equally worried about “private” misrule—misrule effected through the selfinterested or self-serving behavior of economic actors wielding and abusing power under the rules of the 18th-century common law of property, tort, and contract. The administrative state thus trades off governmental and “private” misrule. Second, the rate of change in the policy environment, especially in the economy, is much greater than in the late 18th century—so much greater that the administrative state has been forced, willy-nilly, to speed up the rate of policy adjustment. The main speeding-up mechanism has been ever-greater delegation to the executive branch, accepting the resulting risks of error and abuse. Third, the costs of enforcing legal rules against executive officials are necessarily positive and plausibly large, in part because any institutional monitors created to detect and punish abuses must themselves be monitored for abuse. The architects of the administrative state believed that a government that always forms undistorted judgments, and that never abuses its power, will do too little, do it too amateurishly, and do it too slowly. In that sense, the administrative state constantly gropes towards an institutional package solution that embodies an optimal level of abuse of power.</p>
3
Врањеш, Невенко. "Položaj uprave u sistemu podjele vlasti." Годишњак факултета правних наука - АПЕИРОН 4, no. 4 (July 30, 2014): 186. http://dx.doi.org/10.7251/gfp1404186v.
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The concept of administration, administrative activities, demarcation and relations of administration with the other branches of government is subject to wider theoretical considerations as well as scientific and technical disputes. The paper deals with the position of administration within power-sharing. As democratic states follow the principle of tripartite division of powers on the legislative, executive and judiciary, the paper analysis in detail the relationship between the administration and those three branches of government. In this sense, article explores, whether an administrative activities can be referred to as a separate branch of power, or it is located on the area of executive power.
4
Etzioni-Halevy, Eva. "Administrative power in Israel." Israel Affairs 8, no. 4 (January 2002): 25–44. http://dx.doi.org/10.1080/13537120208719656.
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Koshovets, Olga B. "Economic Knowledge and Power." Epistemology & Philosophy of Science 59, no. 1 (2022): 171–89. http://dx.doi.org/10.5840/eps202259113.
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The main claim of the study is that technocratic public administration based on knowledge as a key element of power, significantly affects the idea of what is objective and what is objectivity. I explore how scientific objectivity as part of a scientific ethos has been evolving on the example of economic knowledge. A key institutional feature of economic knowledge is that it includes in fact two relatively autonomous epistemic cultures: academic one, connected to the production of knowledge in academia and expert-administrative one developing in public and corporate governance systems. The peculiarity of knowledge demanded and functioning in public administration is instrumentality (a possibility to be transformed into technology) and an exeptional focus on quantification. As a result ‘governing by number’ becomes a key social technology and at the same time numbers seem to embody objectivity. I show that economic knowledge in public administration involves an inevitable and deepening ontological gap with ‘objective reality’. The state needs not true but effective knowledge: the task of administrating does not presuppose a realistic representation of the administrated object, but rather seeks to simplify it, to plan it, or even to construct. Thus, unlike scientific knowledge, the objectivity of knowledge in administrative practices has almost nothing to do with the object (in sense of truthfulness, representation). Meanwhile, ongoing need for academic economic knowledge to be used into the state administration and its further development in a fundamentally alien sphere leads to a significant deformation of scientific ethos, which is a crucial regulatory element in the scientific knowledge production. Erosion affects both aspects of objectivity as an ontological principle and as an ‘epistemic virtue’. Against this background, objectivity as an ‘epistemic virtue’ has been transformed into the ‘technique of distancing’ and the principle of technical impersonality, which imply eventually the replacement of the ‘knowledge self’ by a technical system.
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Magnet, Joseph Eliot. "Administrative Delicts: A Case Study in Unlawful Municipal Administration." Revue générale de droit 16, no. 1 (May 2, 2019): 153–65. http://dx.doi.org/10.7202/1059314ar.
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Municipalities are prone to abuses of power by elected officials. The law books overflow with examples of municipal illegality. This threatens the rule of law. Courts require sufficient remedial authority to maintain the rule of law. An adequate remedy would simultaneously correct the illegal situation, deter repetition, compensate those injured, channel public outrage and, in certain cases, allow supervision of corrupt governmental processes or officials. To satisfy these requirements, a new head of liability is needed. Liability in damages should be imposed for intentional jurisdictional excess. The developing doctrine of administrative delict would provide for damages for deliberate and malicious abuse of power. Damages for an intentional or negligent failure of an individual or administrative body to operate within jurisdiction should be available either against the individual in his personal capacity or against the administrative body. Because many of the wrongs suffered as a result of the illegal use of power are intangible, exemplary damages should be readily available in an action for administrative delict. This remedy would also enable the courts to consider deterrence and breach of public trust in assessing the award. It is the responsibility of administrative law to maintain a sense of orderliness in public administration. The theory of administrative delict needs doctrinal nourishment in order to restrain the abuses of authorities imbued with statutory power.
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Cook, Brian J. "Administrative Performance and Administrative Power: Complexities, Conflicts, and Consequences." Administration & Society 53, no. 6 (June 4, 2021): 815–16. http://dx.doi.org/10.1177/00953997211022438.
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Payda, Yuriy. "Public administration as an object of administrative and legal regulation." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2020): 65–72. http://dx.doi.org/10.31733/2078-3566-2020-3-65-72.
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The concept and legal nature of public administration have been analyzed. The analysis of research works has allowed to state that the term "public administration" is considered in two aspects - structural and procedural (or functional) where public administration should be understood as executive bodies, local self-government bodies, as well as entities endowed by the state with public administration functions that perform public administration functions and whose purpose is to ensure the interests of the state and society as a whole, and their activities carried out within the law. The principles of administrative and legal regulation of public administration in Ukraine and the concepts, principles of administrative and legal regulation of public administration have been studied. The author has found out that the essential features of public administration are: public administration is subordinated to political power (i.e., parliament, head of state); public administration ensures the implementation and application of laws (i.e., implements the political decisions of parliament); public administration acts (should act) in the public interest; public administration is endowed with the prerogatives of public authority (that is, powers that allow mandatory instructions to be given to individuals). While the system of central executive bodies consists of the ministries of Ukraine and other central executive bodies the system of central executive bodies is a component of the system of executive bodies, the highest body of which is the Cabinet of Ministers of Ukraine. The local state administration is a local executive body and is part of the system of executive bodies. The local state administration, within the limits of its powers, exercises executive power on the territory of the respective administrative-territorial unit, as well as exercises the powers delegated to it by the relevant council.
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Tuganov, Aleksandr Yu. "Presiding Judge of a Garrison Military Court as the Head of a Territorial State Judicial Authority and an Organizer of Court Activities." Military juridical journal 3 (March 4, 2021): 15–19. http://dx.doi.org/10.18572/2070-2108-2021-3-15-19.
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In the article, the author examines the administrative powers of the chairman of the garrison military court as the head of the territorial state body of judicial power and the organizer of the activities of the court headed by him. Also, systematic administrative powers of the Chairman of garrison military court on the basis of the classification purpose not related to the administration of justice and related to the organization of the justice process.
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Morhunov, O. A. "ADMINISTRATIVE AND LEGAL REGULATION OF PUBLIC ADMINISTRATION IN THE FIELD OF PHYSICAL CULTURE." Actual problems of native jurisprudence 5, no. 5 (October 2021): 64–70. http://dx.doi.org/10.15421/392200.
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The purpose of the article is to study the administrative and legal regulation of public administration in the field of physical culture. The article examines the administrative and legal regulation of public administration in the field of physical culture. It is determined that the administrative and legal regulation of public administration of physical culture should be defined as a set of administrative and legal norms and other administrative and legal means by which to consolidate, streamline, protect relations with the participation of subjects of power in these areas in the interests of man, society and the state through the mechanism of administrative and legal regulation. The leading place in the legal regulation of the spheres of physical culture and sports belongs to the norms of administrative law, which form the basis of public administration of these spheres, determining the status of public administration, principles, bases, forms and methods of their official activity, priorities and ways of forming state policy. physical culture and sports, means and procedures for its implementation, regulate control and supervision in these areas. Also, administrative and legal regulation takes place to regulate relations in the fields of physical culture and sports with the participation of subjects of power to protect the rights and freedoms of individuals and their groups, bring to administrative responsibility, prevent and combat corruption in these areas. Administrative and legal regulation of public administration of physical culture can be understood as a set of administrative and legal norms and other administrative and legal means that consolidate, streamline, protect relations with the participation of subjects of power in these areas in the interests of man, society and state through the mechanism administrative and legal regulation, which ensures the implementation of administrative and legal regulation in the legal behavior of participants in administrative relations on the basis of perception and subsequent reflection in socially significant activities in the forms of compliance and application of administrative norms.
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NAGORNYKH, R. V. "Theoretical approaches to the definition of the subject of administrative law and process." Ius Publicum et Privatum 2, no. 12 (June 30, 2021): 138–49. http://dx.doi.org/10.46741/2713-2811-2021-2-138-149.
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The article substantiates the conclusions that the subject of modern administrative law and process in Russia is a complex multifaceted legal phenomenon that includes various social relations. The basis of the constitutional model of the subject of modern administrative law and process is public relations in the field of protecting the rights and freedoms of the individual by limiting discretion and arbitrariness in public administration, the development of institutions of judicial and public control over the activities of public administration as well as various public relations regarding the formation of the architecture of public power, direct implementation of administrative law enforcement activities in the field of public administration, the creation and direct participation of domestic subjects of public administration in the activities of international organizations endowed with administrative powers in the field of interstate interaction and coordination, supranational administrative regulation, control in the field of protecting national and global interests in ensuring security, economic and cultural development of various states and peoples
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Hama, Zana Rauf, and Sakar Kakamad Husein. "The role of administrative judiciary in the implementation of judicial decisions by the public official." Journal of University of Human Development 3, no. 4 (December 31, 2017): 51. http://dx.doi.org/10.21928/juhd.v3n4y2017.pp51-80.
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Since the court ruling is the title of fact, the implementation serve as the transfer of that fact from stillness to movement and transfer it from theoretical to the practical reality where the administrative judge in the administrative area arbiter between two unequal sides, namely administration and personnel.The administration's failure to implement judicial rulings is a serious breach of the principle of separation of powers, and when it is said that the power of the state lies in the power of jurisdiction, the power of the judiciary lies in the implementation of its provisions and resolutions. So the administrative judge must activate his role and find a special legislative texts to address the problem of non- implementing the provisions of the judiciary and fill the legislative deficiencies and not to stay in imitation of the legal system of French and Egypt but the quest to develop the administrative judiciary in Iraq because the administration's respect for the freedom of the provisions issued by the administrative court is a legal obligation imposed on them otherwise, it leads to create chaos and regarded as violation of the law requiring (civil and criminal) blame. The phenomenon of refraining from carrying out judicial and administrative provisions by the administration is one of the problems experienced by much of the world, because the legislation often did not give this problem a deal of importance, so the legislature's task is to stand against this phenomenon and reduce it through strict laws so that the management cannot circumvent it.
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Holcman, Borut, and Gernot Kocher. "Jurisdiction in the Territorial Hierarchical Administration Office: An Example of the Historical Land of Styria from 1186 to 1850." Lex localis - Journal of Local Self-Government 7, no. 4 (October 27, 2009): 425–39. http://dx.doi.org/10.4335/7.4.425-439(2009).
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Division of administrative powers is the result of concrete decisions made by the supreme power holders (ius eminens) to be present in the daily life of an individual. Quarters, district offices (in Slovene: “kresije” [pl.]), counting offices, recruitment districts, and district boards were those agents of power that were used by the supreme power holder to ensure the common good through them. The holder‟s power originated from the supreme power holder. It was restricted by the degree at which he operated. According to the nature of things, the power was subordinated by the delegated competences, and they functioned on the principle of subsidiarity, or it was autonomous under control in the case of the Church. Pragmatism of each supreme power holder is reflected in observing the divisions in operation. They most frequently emerged from the controlled autonomy.
KEYWORDS: • jurisdiction • administration • institution • hierarchical character of bureaucratic apparatus • administrative history • Roman Catholic Church
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COUPERUS, STEFAN. "Research in urban history: recent theses on nineteenth- and early twentieth-century municipal administration." Urban History 37, no. 2 (July 6, 2010): 322–32. http://dx.doi.org/10.1017/s0963926810000386.
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The ways in which the organization of local government and the practice of political power locally have changed over time has attracted heightened interest from urban and administrative historians over recent decades. Much of this burgeoning interest has paralleled the concurrent decline in the status and powers of local government since the 1980s. In recent years, a shifting focus from government to governance has allowed the historian to re-conceptualize approaches to urban political power. Urban governance denotes a wider system of government by encapsulating the complex range of actors, interests and resources, which straddle the public, private and voluntary sectors, each with a vested interest in the way that political power is organized and practised locally. By broadening their approach to urban political power, urban historians have, since the late 1980s, elicited new perspectives on municipal administration, reattaching it with the national and juridical frameworks of analysis from which it had been fractured. In general, this growing number of local, regional and cross-national historical studies hints at a more complex and interesting municipal dimension which transcends previously impermeable divisions between the private and the public spheres, between political democracy and administrative bureaucracy, between the central state and municipal administration, and between national and transnational contexts of administrative thought and practice.
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Biber, Eric, and J. B. Ruhl. "The permit power revisited: the theory and practice of regulatory permits in the administrative state." Revista de Direito Administrativo 273 (September 17, 2016): 13. http://dx.doi.org/10.12660/rda.v273.2016.66658.
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<p>Two decades ago, Professor Richard Epstein fired a shot at the administrative state that has gone largely unanswered in legal scholarship. His target was the “permit power,” under which legislatures prohibit a specified activity by statute and delegate to administrative agencies the discretionary power to authorize the activity under terms the agency mandates in a regulatory permit. Accurately describing the permit power as an “enormous power in the state,” Epstein bemoaned that it had “received scant attention in the academic literature.” He sought to fill that gap. Centered on the premise that the permit power represents “a complete inversion of the proper distribution of power within a legal system,” Epstein launched a scathing critique of regulatory permitting in operation, condemning it as a “racket” for administrative abuses and excesses. Epstein’s assessment of the permit power was and remains accurate in three respects: it is vast in scope, it is ripe for administrative abuse, and it has been largely ignored in legal scholarship. The problem is that, beyond what he got right about the permit power, most of Epstein’s critique was based on an incomplete caricature of permitting in theory and practice. This Article is the first to return comprehensively to the permit power since Epstein’s critique, offering a deep account of the theory and practice of regulatory permits in the administrative state. This Article opens by defining the various types of regulatory permits and describing the scope of permitting in the regulatory state. From there it compares different permit design approaches and explores the advantages of general permits, including their ability to mitigate many of the concerns Epstein advanced. This Article then applies a theoretical model to environmental degradation problems and concludes that if certain conditions are met, general permits can effectively respond to many of the complex policy problems of the future. Finally, this Article adds to the scholarship initiated by Epstein by proposing a set of default rules and exceptions for permit design and suggesting how they apply to complex policy problems.</p><p> </p><p>Duas décadas atrás, o professor Richard Epstein inovou nos estudos sobre o estado administrativo que ficou largamente sem resposta na área acadêmica. Seu foco era o “poder de permissão”, sob o qual a legislatura proíbe uma determinada atividade por estatuto e delega às agências administrativas de poder discricionário para autorizá-la sob termos definidos pela agência em uma licença regulatória. Descrevendo com precisão o poder de permissão como um “enorme poder no estado”, Epstein lamentou que este “recebeu pouca atenção na literatura acadêmica”. Ele procurou preencher essa lacuna. Centrado na premissa de que o poder de permissão representa “uma inversão completa da distribuição apropriada de poder dentro de um sistema legal”, Epstein lançou uma crítica severa ao licenciamento regulatório em operação, condenando-o como uma “balbúrdia” de abusos administrativos e excessos. A avaliação de Epstein em relação ao poder de permissão se mantém precisa em três aspectos: era vasta em escopo, é oportuna para abuso administrativo e foi amplamente ignorada no conhecimento jurídico. O problema é que, além do que ele acertou sobre o poder da permissão, a maior parte de sua crítica foi baseada em uma caricatura incompleta em relação à permissão na teoria e na prática. Este artigo é o primeiro a retomar de forma abrangente o tópico do poder de permissão desde a crítica de Epstein, oferecendo uma consideração profunda sobre a teoria e prática de permissões regulatórias no Estado administrativo. Este artigo se inicia definindo os vários tipos de permissões regulatórias e descrevendo o escopo da permissão no Estado regulatório. A partir daí, compara abordagens de <em>design </em>de permissão diferentes e explora as vantagens das permissões gerais, incluindo suas habilidades de mitigar muitas questões nas quais Epstein avançou. Este artigo então aplica um modelo teórico aos problemas de degradação ambiental e conclui que se determinadas condições são alcançadas, permissões gerais podem responder efetivamente a muitos dos complexos problemas de política do futuro. Finalmente, este artigo acrescenta à literatura iniciada Epstein, por meio da proposta de um conjunto de regras e exceções, um padrão para o <em>design </em>de permissão e sugere como eles se aplicam aos complexos problemas de política.</p>
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Pestritto, Ronald J. "THE PROGRESSIVE ORIGINS OF THE ADMINISTRATIVE STATE: WILSON, GOODNOW, AND LANDIS." Social Philosophy and Policy 24, no. 1 (December 18, 2006): 16–54. http://dx.doi.org/10.1017/s0265052507070021.
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The American administrative state is a feature of the new liberalism that is largely irreconcilable with the old, founding-era liberalism. At its core, the administrative state, with its delegation of legislative power to the bureaucracy, combination of functions within bureaucratic agencies, and weakening of presidential control over administration undercuts the separation-of-powers principle that is the base of the founders' Constitution. The animating idea behind the features of the administrative state is the separation of politics and administration, which was championed by James Landis, the New-Deal architect of the administrative state for President Franklin Roosevelt. The idea of separating politics and administration, and the faith such a separation requires in the objectivity of administrators, did not originate with Landis or the New Deal but, instead, with the Progressives who had come a generation earlier. Both Woodrow Wilson and Frank Goodnow were pioneers in advocating the separation of politics and administration, and made it the centerpiece of their broad arguments for constitutional reform.
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Bagg, Samuel. "FIGHTING POWER WITH POWER: THE ADMINISTRATIVE STATE AS A WEAPON AGAINST CONCENTRATED PRIVATE POWER." Social Philosophy and Policy 38, no. 1 (2021): 220–43. http://dx.doi.org/10.1017/s0265052521000297.
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AbstractContemporary critics of the administrative state are right to highlight the dangers of vesting too much power in a centralized bureaucracy removed from popular oversight and accountability. Too often neglected in this literature, however, are the dangers of vesting too little power in a centralized state, which enables dominant groups to further expand their social and economic advantages through decentralized means. This article seeks to synthesize these concerns, understanding them as reflecting the same underlying danger of state capture. It then articulates a set of heuristics for the design of public and administrative institutions, which aim at minimizing the risks of capture from both public and private sources. By following these heuristics, it claims, we can successfully employ the administrative state as a weapon against concentrated private power, rather than allowing it to serve as a tool of dominant groups.
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Vaimer, E. V. "Features of the Initiation of Cases of Administrative Offenses in the Field of Electricity." Juridical Science and Practice 15, no. 3 (2019): 48–53. http://dx.doi.org/10.25205/2542-0410-2019-15-3-48-53.
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The article examines the features of the stage of initiating a case of administrative offenses in the electric power industry, such as: typical reasons for initiating a case, various administrative jurisdictions that decide to initiate a case of administrative offenses. The paper analyzes the preliminary powers of state and municipal bodies to carry out control and supervision measures in the field of electric power, energy security and energy efficiency. The author of the article points out that the peculiarities of initiating cases of administrative offenses in the electric power industry are caused by a complex system of relations between electric power entities arising in the process of production, transmission of electric energy, operational dispatch control, sales and consumption of electric energy, as well as the importance of this sector of the economy in public and state life. The specific features of initiating cases of administrative offenses in the electric power industry are analyzed on the basis of administrative practice materials.
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Abel, C. F., and Arthur Sementelli. "Power, Emancipation and the Administrative State." Administrative Theory & Praxis 24, no. 2 (May 2002): 253–78. http://dx.doi.org/10.1080/10841806.2002.11029361.
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Jiménez, Guillermo. "Cane, Peter (2016): Controlling Administrative Power." Revista chilena de derecho 44, no. 1 (April 2017): 291–94. http://dx.doi.org/10.4067/s0718-34372017000100014.
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Johnsrud, Linda K. "Administrative Promotion: The Power of Gender." Journal of Higher Education 62, no. 2 (March 1991): 119. http://dx.doi.org/10.2307/1982142.
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LEGUINA VILLA, JESÚS. "A PROPÓSITO DEL ORIGEN Y EVOLUCIÓN DEL RÉGIME ADMINISTRATIF." RVAP 87-88, no. 87-88 (December 1, 2010): 767–85. http://dx.doi.org/10.47623/ivap-rvap.87.88.2010.24.
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El Derecho Administrativo es un producto propio y específico del
constitucionalismo nacido tras la ruptura revolucionaria con el Antiguo Régimen,
que resultará profundamente condicionado por las circunstancias sociopolíticas
del país, Francia, donde nació. El Régimen Administrativo del Estado de Derecho
se conforma a partir del principio de legalidad, de la potestad reglamentaria, de
las libertades públicas y los derechos públicos subjetivos, de la responsabilidad
de la Administración y del control a través de la jurisdicción contencioso-administrativa. Administrazio Zuzenbidea konstituzionalismoaren berezko produktua
espezifikoa da, Frantziako Iraultzak Erregimen Zaharrarekin apurtu ostean
sortua eta herrialde horren egoera soziopolitikoak sakon baldintzatua. Zuzenbide
Estatuaren Administrazio Araubideak osatzeko hauek guztiak hartzen dira abiapuntu:
legezkotasun-printzipioa, arauzko ahala, askatasun publikoak eta eskubide
publiko subjektiboak, Administrazioaren erantzukizuna eta administrazio-auziarekiko
jurisdikzioaren bidez egiten den kontrola. Administrative Law is a product typical and specific of the constitutionalism
born after the revolutionary break-off with the Ancien Regime, which
was deeply conditioned by the sociopolitical circumstances of the State, France,
where it was born. The Administrative Regime of the Rule of Law was made up
from the point of view of the principle of legality, the statutory power, public
freedoms and subjective public rights, the liability by the Administration and the
review by means of the contentious administrative courts.
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Ilo, Babajide Olatoye. "Functions, Theories And Practice Of Administrative Law In Contemporary Governance." Administrative and Environmental Law Review 3, no. 1 (June 29, 2022): 49–62. http://dx.doi.org/10.25041/aelr.v3i1.2492.
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The vast development in the socio, economic and political spheres of the contemporary society makes governance more demanding and cumbersome. This necessitates the rational for a system of administration where governmental powers and functions can legally be delegated to individuals and or corporate bodies otherwise known as administrative bodies to carry out the functions and powers of Government in modern society. Governmental powers and functions are traceable to the Constitution which provides the limits of such powers. Administrative agencies saddled with the responsibility of performing the functions of Government must be properly created and must at all times act within the scope of power created by the enabling law. Abuse by the administrative agencies in the exercise of their functions is inevitable, and hence this research through doctrinal methodology examines the system of law that oversees the internal operations of Government agencies through developments of administrative law principles. Although various theories in administrative law like red, green and amber light have emerged over the years with conflicting arguments, the court are nonetheless always ready to grant remedies to an aggrieved citizen whenever the administrative agencies exceed or abuse its powers.
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Yakovchuk, Ya V. "Local executive authorities as the subjects of the public administration." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 261–65. http://dx.doi.org/10.24144/2307-3322.2021.65.48.
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The article deals with the public administration of the local executive authorities in the context of European in-tegration and decentralization of power. The implementation of public administration by local state administrations involves satisfying the basic needs of society, the balance between the rights and interests of those to whom the actions of public administration are directed, and the interests of society as a whole.It is noted that public administration of the local executive authorities is carried out through executive and ad-ministrative activities and the provision of administrative services. Through public administration, local public ad-ministrations ensure an open process of policy-making and implementation, involving individuals and civil society, which contributes to greater openness, accountability and responsibilityIt is concluded that public administration by local state executive authorities is an external form of exercising power in the relevant administrative-territorial unit, which ensures compliance with Ukrainian legislation, law and order, observance of citizens’ rights and freedoms, implementation of state and regional programs of socio-econom-ic and cultural development, environmental protection programs, the implementation of other powers granted by the state, as well as those delegated by the respective councils. Attention is drawn to the fact that, in connection with the decentralization of power, to improve the system of ter-ritorial organization of power and improve the management of public development, from the beginning of January 2022, public administration by the local executive authorities will be limited exclusively to executive management. In addition, in the context of European integration the transposition of European standards to the activity, the im-plementation of State policy and national programs of economic, scientific and technical, social, ethnic and cultural development and environmental protection by the relevant administrative and territorial unit are a priority for the effective operation of local executive authorities
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Nurianti, Leni Eva, Yuslim Yuslim, and Khairani Khairani. "The Position of the Attorney's Request for Information in Corruption Case Investigation as the Object of the Application for Abuse of Authority in the State Administrative Court (Study of Decision Number: 25 / G / 2015 / PTUN-MDN)." International Journal of Multicultural and Multireligious Understanding 7, no. 6 (September 23, 2020): 590. http://dx.doi.org/10.18415/ijmmu.v7i6.1957.
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The absolute authority of the State Administrative Court in examining, deciding and resolving State Administrative Disputes is based on objects in the form of decisions and / or actions regulated in the State Administrative Court Law (PERATUN Law) and the Government Administration Law (AP Law). In Decision Number: 25 / G / 2015 / PTUN-MDN, the Prosecutor's Request for Information is placed as the object of the request for abuse of authority. Based on these facts, normative legal research is carried out which aims to examine and analyze cases (case approach) with the statute approach and other regulations related to legal issues regarding how the limits of abuse of power are the absolute competence of the State Administrative Court and what is the position. Request for a statement from the Attorney General's Office in investigating corruption cases in the Procedural Law of the State Administrative Court. The conclusion of the research results is that the limit of abuse of power which is the absolute competence of the State Administrative Court is a decision and / or action as normalized in the Administrative Law and the Government Administration Law. The absence of procedural norms on abuse of authority in the Administrative Court Law makes Judges and Lawyers inaccurate in determining the legal basis for placing the Prosecutor's Request for Information as an object in the application for abuse of power when case Number : 25 / G / 2015 / PTUN-MDN is rolling in the Medan State Administrative Court . The norm vacancy is filled by Supreme Court Regulation Number 4 of 2015 which limits the absolute competence of the State Administrative Court in applications for abuse of power after the results of the Supervision of Government Internal Supervisory Apparatus and prior to criminal proceedings. The Prosecutor's Request for Information issued based on the provisions of the Criminal Procedure Code (KUHAP) cannot be placed as an object based on the norms of Article 2 letter d of Law Number 9 of 2004, so the author advises the President and / or the House of Representatives to design amendments to the Administrative Law so that it is harmonious with the new norms presented by the Government Administration Law and it is hoped that Judges and Lawyers as law enforcers and justice carry out the norms of the Law ethically so that they do not get lost in determining the object of the application for abuse of power.
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Sang, Tian, and Lijun Zhang. "The Institutional Positioning of Environmental Tort Remedy in China: Executive-Led or Judicial-Led?" International Journal of Environmental Research and Public Health 20, no. 2 (January 12, 2023): 1443. http://dx.doi.org/10.3390/ijerph20021443.
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There are two options for environmental tort remedy in China: resorting to environmental administration or environmental justice, with an ongoing debate over which of the two should lead. Firstly, it compares the structure of China’s environmental tort remedy system and the two types of power: administrative power and judicial power, concluding that administrative power is dominant. Then, it argues for the indispensability of judicial power, attempts to find a clear boundary between the two sides, and justifies their mutual division of labor and collaboration. Through sufficient demonstration, it clarifies why the dominant position of environmental administrative power must be guaranteed. Then, it summarizes the experience of other countries and the practice of environmental protection in China; and provides three innovative paths of the future environmental rights remedy system. These three aspects are setting up a review procedure for administrative priority judgment before filing an environmental lawsuit, establishing the independent position of experts in environmental litigation, advocating a risk communication mechanism other than litigation, and providing a richer institutional guarantee for the relief of environmental rights.
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Kartini, Murtiningsih, and Adi Kusyandi. "EKSISTENSI PTUN SEBAGAI WUJUD PERLINDUNGAN HUKUM KEPADA WARGA NEGARA DARI SIKAP TINDAK ADMINISTRASI NEGARA." Yustitia 7, no. 2 (November 8, 2021): 236–48. http://dx.doi.org/10.31943/yustitia.v7i2.144.
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All actions that harm everyone can be monitored by the court, while the review can be channeled through the State Administrative Court (PTUN). The State Administrative Court is one of the implementers of judicial power for the people seeking justice for State Administrative disputes. PTUN aims to resolve State Administrative disputes. Research methods in this papers using normative juridical research methods and using data collection techniques carried out using descriptive analysis techniques, with secondary data sources, which include primary legal materials such as laws and regulations relating to the rights of children and wives in divorce cases, sued unseen husbands, as well as secondary legal materials such as books, journals, articles, and other legal doctrines. State administrative disputes are disputes that arise in the field of State Administration between Persons or Civil Legal Entities and Legal Entities or State Administration Officials, both at the center and in the regions, as a result of the issuance of State Administrative Decrees, including employment disputes based on statutory regulations applicable. With the juridical analysis method, the author discusses the existence of PTUN as a form of legal protection for citizens from the act of state administration (abuse of power)
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WEI, Houkai. "The Administrative Hierarchy and Growth of Urban Scale in China." Chinese Journal of Urban and Environmental Studies 03, no. 01 (March 2015): 1550001. http://dx.doi.org/10.1142/s2345748115500013.
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Chinese cities are characterized with administrative hierarchy. According to administrative hierarchy and government seat, Chinese cities can be divided into seven levels including municipality, vice-provincial city, general provincial capital, general prefecture-level city, county-level city, county town, and general designated town. As the analysis result shows, urban scale and growth is closely related to their administrative hierarchy, and with the upgrading of administrative hierarchy, both the urban population and land scale present a tendency of exponential increase. From the perspective of population and land scale growth, cities with higher administrative hierarchy grow faster than those with lower administrative hierarchy. The differentiation of urban scale and growth is greatly influenced by administration-center bias of governmental resource allocation because cities with different administrative hierarchies make diverse administrative power, resource allocation and institutional arrangement. Under the existing urban system, administration-center bias is also a kind of metropolis bias, and both of them reinforce each other which lead to overexpansion of cities with higher administrative hierarchy and the failure of the policy of urban scale control. To promote the harmonious development of small towns and cities, medium and large cities, we should radically change the administration-center bias in resource allocation, weaken the influence of administrative hierarchy, control the urban scale according to comprehensive carrying capacity and stimulate the development of economy strong town through focusing power expansion to impulse the equality of intercity development and interest equality.
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Ji, Jingchun, and Yuyue Dong. "On the Assumption and Improvement of the Judicial Review Mechanism About the Central Bank." Studies in Law and Justice 2, no. 1 (March 2023): 11–18. http://dx.doi.org/10.56397/slj.2023.03.02.
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Generally speaking, judicial power and administrative power are two important national public powers in a country. It is precisely because of their respective powers that they need to form a check and balance relationship between them. The central bank, as an institution holding the important decisions of national monetary policy and national economic development, its relationship with the government ais either independent or subordinate to the government. It is a special administrative and financial institution. If some of its decisions and decisions are contrary to the national economic development goals, there should be a review mechanism that can review its decisions and decisions in advance to prevent the harm. The core of judicial review is judicial power, and the decision-making of the central bank belongs to the embodiment of administrative power. The check and balance of judicial power over administrative power is a new trend in new fields. This paper discusses the necessity, degree and scope of judicial review by the central bank, and the necessity of establishing a separate special institution, it provides some ideas for the construction of such a special judicial review institution.
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Rossinsky, Boris V. "Komsomol Origins of Shaping of an Administrative Law Scientist." Administrative law and procedure 2 (February 24, 2022): 15–25. http://dx.doi.org/10.18572/2071-1166-2022-2-15-25.
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The article examines the process of the genesis and development of the author’s thoughts on various issues of administrative law, the organization and activities of executive power bodies, the role and significance of this power in the system of public administration. Much attention is paid to the memories of the author’s stay in Komsomol, where he began his formation as a specialist in the field of administrative law, as well as work in the rocket and space industry and service in the internal affairs bodies, which finally formed his administrative and legal worldview.
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Hassan, Soran Ali, and Aram Najmaldin Abdulghafor. "The legal framework of independent administration in Kurdistan region in light of the central administrative system." Twejer 4, no. 2 (December 2021): 803–44. http://dx.doi.org/10.31918/twejer.2142.16.
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Abstract One of the most important pillars which built the regional administrative decentralization system is the actualize of popular representation within a limited frame, through the exist of elected councils within a specific geographical boundary, in preparation for the distribution of administrative functions between the central authority and regional decentralized units, means activating the principle of popular will through elections and distribution of power in order to exclude the monopoly of power and achieve peaceful circulation of it in a specific field, but the basis for the existence of the legal personality of the decentralized regional units and the powers that gave to them must be based on a legal organization within a constitutional framework of permissibility. So, the content of this research will try to achieving and discussing the problem of the legal basis for the formation of independent administrations represented by the two administrations (Garmyan and Raparin ) as they are described, within regional decentralized units in the Kurdistan Region - Iraq, as well as researching their formation, specialties, legal status and their compatibility with the principles of the system of Administrative decentralization.
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Sinani, Blerton, and Dane Taleski. "An overview of the judicial control of state executive power." Zbornik radova Pravnog fakulteta u Splitu 56, no. 4 (November 12, 2019): 1013–29. http://dx.doi.org/10.31141/zrpfs.2019.56.134.1013.
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Many analyses and international reports point out that there is a significant lack of judicial control over the state executive power in the Republic of North Macedonia. This article aims to analyze the deficiencies that contribute to the lack of control, and special attention is also devoted to the administrative judiciary as a basic external form of providing judicial control over the legality of the decisions of public authorities and their officials, in order to ensure objective legality, as well as the protection of individual rights of citizens against unlawful administrative acts and actions of public administration. The first part of the article focuses on challenges for judicial control of the executive government. It shows the results of semi-structured interviews conducted with 36 stakeholders such as judges and prosecutors about the limits to judicial control of the executive. The second part focuses on weaknesses and challenges of the administrative judiciary, and makes proposals on how to improve the administrative judiciary as a special type judiciary within the framework of the judicial system of the Republic of North Macedonia. Therefore, it presents a crucial illustration to detect the specific problems and to offer possible solutions.
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Erajd, Dobjani. "The Extent of Judicial Administrative Control the Power of the Administrative Court." Academicus International Scientific Journal 11 (January 2015): 116–26. http://dx.doi.org/10.7336/academicus.2015.11.09.
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Alshawabkeh, Faisal Abdulhafez, and Tayil Mahmoud Shiyab. "Judicial oversight as a form of governance in the face of administration arbitrariness in administrative decisions." Journal of Governance and Regulation 10, no. 4, special issue (2021): 261–71. http://dx.doi.org/10.22495/jgrv10i4siart6.
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This research explains judicial control as a form of governance in the face of arbitrary administrative decisions — the UAE is an example (Zwart, 2016). The aim of the study is to demonstrate how judicial control can contribute to achieving good governance of the administrative decisions in the absence of the legislative provisions related to the causes of cancellation of an administrative decision. The data were sourced from relevant books, journals, official texts, and courts decisions. The data obtained was analysed through descriptive and analytic methods. This paper is divided into three themes. The first tackles the incidents of abuse of power. The second demonstrates the ways in which abuses of power can be proved, and the third discusses the correlation between judicial control and good governance. The study found that the abuse of power is related to the discretionary power of the administration and that it is a latent defect related to the psychological intentions of the decision-maker and is difficult to prove, also that the administrative jurisdiction plays an important role in promoting the good governance. The study concluded that it is important for the UAE legislator to issue a law regulating the action for the annulment of administrative decisions.
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Syta, Yevgeniia, and Ilona Babska. "STUDY OF THE ITALIAN ADMINISTRATIVE SYSTEM." Economics: time realities 3, no. 49 (June 23, 2020): 55–60. http://dx.doi.org/10.15276/etr.03.2020.7.
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The article considers the peculiarities of the organization of judicial power in Italy. Considerable attention is paid to the concept of administrative justice according to foreign legal doctrine. The legal basis of the activities of administrative justice bodies in Italy was analyzed, the structure of administrative justice bodies and their main powers were revealed. The conclusion defines the place of administrative justice bodies in the Italian judicial system.
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Gopalkrishnan, K. C. "Imensions of Administrative Power Aleidoscope—An Analysis." Indian Journal of Public Administration 40, no. 4 (October 1994): 579–89. http://dx.doi.org/10.1177/0019556119940401.
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Shah, Ashish S. "The Power and Peril of Administrative Databases." Archives of Surgery 145, no. 9 (September 1, 2010): 909. http://dx.doi.org/10.1001/archsurg.2010.158.
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Naim, Sayada Jannatun, and Abu Hena Reza Hasan. "Concentration of Authority and Rent Seeking Behaviour in Bureaucracy: An Evidence of Ineffective Governance in Bangladesh." Journal of Social and Development Sciences 9, no. 1 (April 19, 2018): 19–30. http://dx.doi.org/10.22610/jsds.v9i1.2165.
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Political leadership and public administration run the government of Bangladesh. Political wing is short tenured under a democratic system, but the public administration is permanent. An administrative process in Bangladesh made bureaucracy most powerful in the country. It has accountability to none but has controlling authority on all components of state including political leadership. This absolute power gives unlimited opportunity to administrative bureaucracy and other parts of the public administration of the country for exercising rent seeking behaviour. This paper evaluates the experience of common people of the country who used to interact with public administration for receiving public services using primary data collected through a field survey. The level of rent seeking is very high in public administration. The four major types of rent seeking behaviour among public officials are bribe, nepotism, and favouritism, use of official power to mischief common people and negligence to official duties and responsibilities. People used to suffer from rent seeking behaviour uniformly irrespective of their level of income and educational status. The root of rent seeking is the administrative bureaucracy. People face financial loss, delays in getting services from officials. It is necessary to reduce absolute power of public bureaucracy to control rent seeking of public administration.
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GROSSMAN, GUY, and JANET I. LEWIS. "Administrative Unit Proliferation." American Political Science Review 108, no. 1 (January 31, 2014): 196–217. http://dx.doi.org/10.1017/s0003055413000567.
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Numerous developing countries have substantially increased their number of subnational administrative units in recent years. The literature on this phenomenon is, nonetheless, small and suffers from several theoretical and methodological shortcomings: in particular, a unit of analysis problem that causes past studies to mistakenly de-emphasize the importance of local actors. We posit that administrative unit proliferation occurs where and when there is a confluence of interests between the national executive and local citizens and elites from areas that are politically, economically, and ethnically marginalized. We argue further that although the proliferation of administrative units often accompanies or follows far-reaching decentralization reforms, it likely results in a recentralization of power; the proliferation of new local governments fragments existing units into smaller ones with lower relative intergovernmental bargaining power and administrative capacity. We find support for these arguments using original data from Uganda.
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Weaver, Russell L., and Linda D. Jellum. "NEITHER FISH NOR FOWL: ADMINISTRATIVE JUDGES IN THE MODERN ADMINISTRATIVE STATE." Windsor Yearbook of Access to Justice 28, no. 2 (October 1, 2010): 243. http://dx.doi.org/10.22329/wyaj.v28i2.4498.
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This article examines the role of administrative adjudication in the United States constitutional system. It begins by noting that such adjudication fits uncomfortably within a system of divided powers. Administrative judges, including administrative law judges [ALJs] (who have the highest level of protection and status), are considerably more circumscribed than ordinary Article III judges. Indeed, administrative judges are usually housed in the agencies for which they decide cases, rather than in independent adjudicative bodies, and they do not always have the final say regarding the cases they decide. In many instances, the agency can appeal an adverse administrative judge’s decision directly to the head of the agency, and the agency head retains broad power to overrule the administrative judge’s determinations. In other words, the agency can substitute its judgment for that of the administrative judge regarding factual determinations, legal determinations, and policy choices. As a result, many administrative adjudicative structures involve difficult tradeoffs between independence, political control, and accountability. This article examines issues related to the status and power of administrative judges, as well as the constraints that have been imposed on administrative adjudicative authority, and explores whether those constraints continue to serve the purposes for which they were originally imposed.Cet article examine le rôle du règlement de différends dans le domaine administratif dans le cadre du système constitutionnel des États-Unis. Il note d’abord qu’une telle façon de régler les différends cadre difficilement avec un système où les pouvoirs sont divisés. Les juges administratifs, y inclus les juges de droit administratif (qui jouissent du niveau le plus élevé de protection et de statut), sont considérablement plus restreints que les juges ordinaires sous l’Article III. En effet, les juges administratifs sont d’habitude logés dans les agences pour lesquelles ils décident les cas, plutôt qu’au sein d’organismes indépendants de règlement de différends, et ils n’ont pas toujours le dernier mot dans les cas qu’ils jugent. Dans bien des cas, l’agence peut porter en appel directement au chef de l’agence une décision défavorable d’un juge administratif, et le chef de l’agence possède de vastes pouvoirs pour annuler la décision du juge administratif. En d’autres mots, l’agence peut substituer son jugement à celui du juge administratif quant aux décisions de fait, aux décisions de droit et aux choix de politiques. Par conséquent, plusieurs structures de règlement de différends dans le domaine administratif comportent des compromis difficiles entre l’indépendance, le contrôle politique et l’obligation de rendre compte. Cet article examine des questions se rapportant au statut et au pouvoir de juges administratifs, ainsi qu’aux contraintes qui ont été imposées sur l’autorité de régler des différends dans le domaine administratif, et explore la question à savoir si ces contraintes continuent à servir les buts pour lesquels elles ont été imposées originellement.
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Marpi, Yapiter. "The Dynamics of Judicial Administration in the Rule of Law Management System." Eligible : Journal of Social Sciences 1, no. 1 (February 6, 2022): 44–49. http://dx.doi.org/10.53276/eligible.v1i1.12.
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Indonesian state system has been systematized into Triaspolitika management administratively into a state of law in accordance with the provisions of Article 24 paragraph (2) of the 1945 Constitution of the Indonesia of republic which states that judicial power is exercised by a Supreme Court Body and judicial bodies under it within the general court environment environment of religious court, environment of military court, environment of state administrative court, and by a Constitutional Court. The dynamic tendency of the judicial administration system to have administrative management duties respectively. The aim of the author is to focus more on the judicial administration system which has not yet optimized functional performance. This research uses normative juridical supported by socio-legal legal materials in a literary manner and supported by descriptive analytical. The conclusion of this research is that the results of the analysis of the Administrative Court are deemed necessary for reform, monitoring and evaluation, because it is seen as a court place for cases that are specific itself. With the existence of a court that specifically confidence and confidence in the decisions given in an administrative case and there will be no doubts because, accountable, simple and fulfill the management administration system
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Tang, Leyan. "Study on China’s Judicial Review Mechanism of the Administrative Emergency Acts under Critical Situations." BCP Social Sciences & Humanities 16 (March 26, 2022): 18–21. http://dx.doi.org/10.54691/bcpssh.v16i.433.
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In recent years, emergencies have appeared a high frequency of occurrence. And administrative emergency power has performed its powerful functions in minimizing personal injury or death or property losses caused by emergencies. However, the rapid expansion of administrative emergency power has also resulted in many improper or illegal problems during the enforcement process. Therefore, as an interest balance mechanism, when judicial power intervenes in emergency actions, special arrangements should be made on its specific rules to distinguish it from the judicial review of normal administrative acts, and the principle of balance and limit should run through the system construction to innovate and reconstruct the judicial emergency review mechanism, so as to give an effective play to the main function of judicial review mechanism in protecting human rights, supervising administration and coordinating public and private interests.
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Velinov, Emil, Yelena Petrenko, Elena Vechkinzova, Igor Denisov, Luis Ochoa Siguencia, and Zofia Gródek-Szostak. "“Leaky Bucket” of Kazakhstan’s Power Grid: Losses and Inefficient Distribution of Electric Power." Energies 13, no. 11 (June 8, 2020): 2947. http://dx.doi.org/10.3390/en13112947.
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This paper aims to determine and explain the main factors for power losses (the so-called “leaky bucket” effect) in Kazakhstan and the reasons for inefficient energy distribution within the country. Energy efficiency in Kazakhstan is much lower compared to more economically developed countries. The differences between energy efficiency in various regions of Kazakhstan are also significant. This article explores the impact of administrative monopoly tariffs on the regional energy efficiency, based on a national study conducted in Kazakhstan in 2017. The purpose of the study was to identify the administrative barriers and their impact on the sustainability of enterprise development. What hinders the distribution of energy resources among different regions is artificial barriers in the energy market and the administrative tariff monopoly for electric power. This leads to the inefficient distribution of resources throughout the country. In addition, it is difficult to leverage low distribution efficiency in the absence of a market. The authors attempt to prove that the magnitude of administrative barriers directly affects the efficiency and competitiveness of business, as well as the final prices of goods and services for the end consumer.
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Zelentsov, Aleksandr B. "Administrative Authority as a Legal Category." Administrative law and procedure 2 (February 11, 2021): 35–41. http://dx.doi.org/10.18572/2071-1166-2021-2-35-41.
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The article is devoted to the theoretical understanding of administrative power as a category of public law. Its correlation with the concepts of Executive power and public power is revealed, its essential legal characteristics, legal nature and functions are revealed.
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Vovk, Yurii. "Institute of discretion of the subject of authority in administrative judiciary." Law and innovations, no. 3 (31) (October 2, 2020): 46–51. http://dx.doi.org/10.37772/2518-1718-2020-3(31)-7.
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Problem setting. Article 19 of the Constitution of Ukraine provides: “Public authorities and local governments, their officials are obliged to act only on the basis, within the powers and in the manner prescribed by the Constitution and laws of Ukraine.” However, quite often this constitutional norm is violated in practice. This forces citizens to apply to the administrative court for protection of the violated right. As a result, the number of citizens’ appeals to the administrative court is constantly increasing. Due to the significant workload, the increase in the number of appeals, the terms of consideration of the administrative case provided in Art. 193 of the Code of Administrative Procedure of Ukraine are often violated by administrative courts and the case is not considered within a reasonable time. At the same time, one of the most problematic categories of disputes in administrative courts are those concerning the discretionary powers of the subject of power. In these disputes, the plaintiff usually asks to recognize the actions (inaction) of the subject of power illegal and oblige to take certain actions. The administrative court usually finds the actions illegal, but does not oblige the subject of power to take certain actions in favor of the plaintiff, referring to the discretionary powers of public authorities and local governments, their officials in making the decision. In the future, citizens are forced to spend a lot of time and money to restore the violated right. Courts in different situations act differently. In addition, the lack of a legislative definition of “discretionary powers” is also a problem. Analysis of recent research and publications. In the modern scientific literature, the works of Belkin L.M., Boychuk M.I., Wenger V.M., Vlasov A.O., Grin A.A., Zolotareva M.K., Magda S.O., Panov G.V., Staryk A.M., Tarasenko T.M., Fedchuk S.I., and others are devoted to the question of discretionary powers of the subject of power. Along with this problematic issue, the institution of discretion of the subject of power, analysis of the case law of the Supreme Court is not given enough attention. The aim of the article is to investigate issues related to discretionary powers, determine the possible limits of court interference in the administrative discretion of the subject of power, based on the case law of the Supreme Court. Results and discussion. In modern conditions, a significant number of cases in administrative courts are related to the discretionary powers of the subject of power. These are mostly social disputes. Given the uncertainty of such a concept as “discretionary powers”, the courts refer in their decisions to the Recommendation NR(80)2 of the Committee of Ministers of the European Council, adopted by the Committee 10 on 11th of March 1980 at its 316th meeting, according to which discretionary powers should be understood as the administrative body, in making decisions, may exercise with a certain discretion. The above means, that such a body may choose from several legally admissible decisions the one, that is considered to be the best in the given circumstances. At the moment, there is a certain case law of the Supreme Court regarding the discretionary powers of the subject of power. Conclusions. The Supreme Court’s case law seeks to fill the gaps in the lack of proper legislative regulation of the issue of discretion and the relationship between the discretion of the court and the discretion of the subject of authority. However, this case law may not always be completely homogeneous. Given the significant number of cases related to discretionary powers and the lack of proper legislative regulation of this issue, it is time for the Verkhovna Rada to adopt a law to comprehensively regulate this issue, defining the concept of “discretionary powers”. This may provide guidance to the authorities and courts on how to act in specific situations and reduce the number of cases in the courts and will help to properly protect the rights and legitimate interests of individuals and legal entities.
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De Andrade, Mariana Dionísio, Carla Pimenta Leite, and Carla Pimenta Leite. "O poder de polícia administrativo compulsório nas questões de vigilância sanitária." REVISTA QUAESTIO IURIS 15, no. 3 (December 29, 2022): 1499–519. http://dx.doi.org/10.12957/rqi.2022.57482.
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ResumoO estudo tem o objetivo de responder ao seguinte problema de pesquisa: diante de um cenário de pandemia, é possível utilizar o poder de polícia administrativa e aplicar meios compulsórios para garantir a efetivação das medidas preventivas da saúde? Pelo crescente número de pessoas contaminadas por doenças contagiosas já erradicadas no país e, atualmente, pelo risco de contágio do coronavírus, a pesquisa questiona o cumprimento efetivo das determinações da vigilância sanitária que estabelece a necessidade de isolamento e distanciamento social, utilização de materiais de proteção e aplicação compulsória da vacinação como meio de prevenção a certas doenças transmissíveis pelo contato. A abordagem metodológica é qualitativa, comparativa e tem base em revisão de literatura. Como resultado, é possível verificar que, diante de um cenário de pandemia, é possível utilizar o poder de polícia administrativa para a aplicação compulsória de medidas preventivas de saúde, desde que respeitados os limites constitucionais. Conclui-se que nas questões de vigilância sanitária e proteção do interesse público, é possível a obrigatoriedade de medidas preventivas de saúde, o que tem sido aplicado no processo de imunização pela vacinação.Palavras-chave: Poder de polícia administrativo compulsório. Direito fundamental à saúde. Covid- 19. Limites da atividade estatal. Sistema de simetria federativa. AbstractThe study aims to answer the following research problem: before a pandemic scenario, is it possible to use the administrative police power and apply compulsory means to guarantee the effectiveness of preventive health measures? By the growing number of contaminated people by contagion diseases that have already been eradicated in Brazil and, currently, due to the risk of contagious from the coronavirus, the research questions the effective compliance with the health surveillance determinations that establish the need for isolation and social distance, use of protection and compulsory application of vaccination as means of preventing certain diseases communicable by contact. The methodological approach is qualitative, comparative and based on a literature review. As a result, it is possible to verify that, before a pandemic scenario, it is possible to use the administrative police power for the compulsory application of preventive health measures, as long as the constitutional limits are respected. It is concluded that in matters of health surveillance and protection of the public interest, preventive health measures are mandatory, what has been applied in the immunization process by vaccination.Keywords: Compulsory administrative police power. Fundamental right to health. Covid-19. Limits of state activity. Federative symmetry system.
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Abdel Rahman, Abdel Rahman Ahmed. "Administrative Responsibility." American Journal of Islam and Society 13, no. 4 (January 1, 1996): 497–517. http://dx.doi.org/10.35632/ajis.v13i4.2295.
Full textAbstract:
Public bureaucracies, a general term including government agenciesand departments in the areas of public utilities, social services, regulatoryservices, security, and law enforcement, are indispensable to our welfare;we need them for the provision of these basic services. To provide theseservices, bureaucracies need such resources as power and money. Thepower of bureaucracies is compounded by their virtual monopoly of technicalexpertise, which puts bureaucrats at the forefront of public policymaking.Indispensable to our welfare though they are, public bureaucracies alsopose a potential threat. In view of the technical knowledge they have andtheir consequent important role in policy making, they may dominate publiclife. In other words, they may develop into a power elite and, as a result,act as masters of the public rather than as its servants. More disturbingly,they may not use the public trust to serve the public or respond to its needs.Still more disturbingly, they may breach the public trust or abuse the powerentrusted to them.All of these possibilities have given rise to a widespread fear ofbureaucracy. In some societies, this fear has reached pandemic levels.Fear of bureaucracy is not unwarranted; there is a consensus and concernin administrative and academic circles that the degree of bureaucraticaccountability has declined in both developed and developingcountries. A central issue with public bureaucracy has always beenhow to make it behave responsibly or in the public interest. Despite aplethora of mechanisms for ensuring administrative responsibility orbureaucratic responsiveness, many public bureaucracies may still be unresponsive and unaccountable ...
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Tour, Т. О. "Application of measures to ensure the claim in administrative proceedings." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 168–72. http://dx.doi.org/10.24144/2307-3322.2021.66.28.
Full textAbstract:
The article, based on the methodology of system analysis, considers the application of measures to ensure the claim in the administrative proceedings of Ukraine. Judicial protection includes various components, including procedures for reviewing decisions and actions or inaction of public authorities. The institute of securing a claim on an administrative claim, which was formed in administrative proceedings, is the result of a discussion on the formation of a European system of administrative justice in Ukraine. It is established that the mechanism of securing a lawsuit in an administrative lawsuit has a pronounced positive effect on achieving the key goal and objectives of administrative proceedings. This applies to ensuring legality and discipline in the system of public administration, elimination of violations by officials of public authorities. The applied mechanism promotes full realization of the right of subjects directly involved in public legal relations to judicial protection from illegal actions and decisions accepted by the public power and its officials, on realization of full and effective protection of the rights, freedoms and lawful interests of physical and legal persons. The institute of securing the claim can be considered as a logical conclusion of the procedure of establishing the public-law specialization of the procedural provision of the rights, freedoms and legitimate interests of the plaintiff. It is determined that the allocation of security of the claim as a special institution in the system of administrative proceedings is explained by the following factors: security measures, typical for the exercise of judicial power; the specifics of the legal environment, where the prerequisites for the existence of institutions of administrative law, for the emergence of public disputes, the further development of which occurs in the implementation of administrative powers of public authorities in relation to all other persons involved in administrative relations.
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Váczi, Péter. "Fair and effective public administration." Institutiones Administrationis 2, no. 1 (July 22, 2022): 161–70. http://dx.doi.org/10.54201/iajas.v2i1.45.
Full textAbstract:
Administrative procedure is classically the area of law where public administration has direct contact with citizens. Consequently, these cases entail a risk of violating the fundamental rights of citizens, which is certainly not desirable in a constitutional state. In today's administrative systems, administrative procedural law is becoming increasingly important. In practice, the main trends are limiting the executive power of the state to constitutional limits, guaranteeing the fundamental rights of citizens, and creating "good public administration". For many, the question may arise: are good administrative procedures merely a desirable moral objective, without any legal effect, or are there legal elements that make it both binding and effective?
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Rodchenko, Igor Yurievich. "IDENTIFY PROBLEM ISSUES OF SELF-ORDERED DEVELOPMENT MECHANISMS IN THE PUBLIC ADMINISTRATION SYSTEM." UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION 1, no. 12 (February 14, 2018): 250–59. http://dx.doi.org/10.31618/vadnd.v1i12.66.
Full textAbstract:
The problematic issues of the development of self-ordering mechanisms in the public administration system are determined, with observance of their division into institutional, functional and evolutionary parts.
The institutional part includes self-regulation mechanisms implemented in the models of subject-subject interaction at the levels of higher, central and local government bodies, as well as in models of object-object interaction between them. The most important in the institutional part of self-governing mechanisms are those that ensure: the separation of powers between branches of government; administrative reform of the government structure; separation of public spheres of government between central government bodies; administrative reform of the structure of central executive bodies; delimitation of territorial spheres of government between local authorities; administrative-territorial reform; formation and implementation of the structure of the power hierarchy; administrative reform of the structure of the power hierarchy.
The functional part includes the mechanisms of self-regulation, realized in the model of object-object interaction “system of state power — social sphere, industry and relations”. The most important parts of the mechanisms of self-regulation are those that ensure: the formation and implementation of state policies in various spheres of society; formation and implementation of national projects; formation and implementation of state target programs; state budgeting.
The evolutionary part includes the mechanisms of self-regulation, realized in the model of object-object interaction “system of state power — the creation of conditions for social development”. The most important parts of the evolutionary part of self-governing mechanisms are those that provide: strategic management and planning; realization of state programs of social and economic development; conducting constant economic and social reforms and transformations.