Journal articles: 'Administrative review'

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Parry, Richard. "Review: Administrative Devolution." Scottish Affairs 51 (First Serie, no. 1 (May 2005): 145–47. http://dx.doi.org/10.3366/scot.2005.0030.

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Trunova, Ekaterina V. "On the Administrative Jurisdiction of Judges Reviewing Administrative Offense Cases." Administrative law and procedure 6 (June 17, 2021): 51–53. http://dx.doi.org/10.18572/2071-1166-2021-6-51-53.

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The article reviews opinions of scientists, judicial authorities containing different attitudes to the legal nature of the judicial review of administrative offense cases. The author concludes that review of administrative offense cases by judges falls within the administrative judicial jurisdiction.

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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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Tirania e o direito administrativo The Federalist Papers 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 The Federalist Papers 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. A obra O federalista 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 O federalista, 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.

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McHarg, Aileen. "Administrative Discretion, Administrative Rule-making, and Judicial Review." Current Legal Problems 70, no. 1 (2017): 267–303. http://dx.doi.org/10.1093/clp/cux011.

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Pearson, Mary. "Book Review: Administrative Psychiatry." Canadian Journal of Psychiatry 48, no. 9 (October 2003): 637–38. http://dx.doi.org/10.1177/070674370304800913.

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Wise, Pat S. Yoder. "Administrative Angles." Journal of Continuing Education in Nursing 17, no. 2 (March 1986): 69. http://dx.doi.org/10.3928/0022-0124-19860301-15.

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Nwauche, E. S. "ADMINISTRATIVE BIAS IN SOUTH AFRICA." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 8, no. 1 (July 10, 2017): 35. http://dx.doi.org/10.17159/1727-3781/2005/v8i1a2832.

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This article reviews the interpretation of section 6(2)(a)ii of the Promotion of Administrative Justice Act which makes an administrator “biased or reasonably suspected of bias” a ground of judicial review. In this regard, the paper reviews the determination of administrative bias in South Africa especially highlighting the concept of institutional bias. The paper notes that inspite of the formulation of the bias ground of review the test for administrative bias is the reasonable apprehension test laid down in the case of President of South Africa v South African Rugby Football Union(2) which on close examination is not the same thing. Accordingly the paper urges an alternative interpretation that is based on the reasonable suspicion test enunciated in BTR Industries South Africa (Pty) Ltd v Metal and Allied Workers Union and R v Roberts. Within this context, the paper constructs a model for interpreting the bias ground of review that combines the reasonable suspicion test as interpreted in BTR Industries and R v Roberts, the possibility of the waiver of administrative bias, the curative mechanism of administrative appeal as well as some level of judicial review exemplified by the jurisprudence of article 6(1) of the European Convention of Human Rights, especially in the light of the contemplation of the South African Magistrate Court as a jurisdictional route of judicial review.

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Sepúlveda, Marcos. "A Reforma Administrativa e a Capacidade Estatal no Brasil e na Venezuela em análise comparada." Latinoamérica. Revista de Estudios Latinoamericanos, no. 73 (September 13, 2021): 41. http://dx.doi.org/10.22201/cialc.24486914e.2021.73.57256.

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O presente artigo visa revisar como ocorreram as reformas administrativas no Brasil e na Venezuela. Nesse aspecto, questiona-se: quais são as semelhanças e diferenças da administração pública e como pode ser vista a capacidade estatal de ambos países? A hipótese inicial é que possível haver uma separação entre três períodos históricos, tendo o grau de institucionalidade, participação, além da probidade ao patrimônio público como um dos norteadores para esta mensuração. Para tanto, optou-se por referenciais teóricos nacionais, que estavam inseridos na reforma administrativa no Brasil, assim como venezuelanos relacionados ao tema.Abstract: This article aims to review how administrative reforms took place in Brazil and Venezuela. In this regard, the question is: what are the similarities and differences of public administration and how can the state capacity of both countries be seen? The initial hypothesis is that it is possible to have a separation between three historical periods, with the degree of institutionality, participation, in addition to the probity of public assets as one of the guidelines for this measurement. For that, we opted for national theoretical references, which were inserted in the administrative reform in Brazil, as well as Venezuelans related to the theme.Keywords: Public administration; State capacity; Administrative reform; Brazil; Venezuela.

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Nematov, Jurabek. "TRANSFORMATION OF SOVIET ADMINISTRATIVE LAW: UZBEKISTAN’S CASE STUDY IN JUDICIAL REVIEW OVER ADMINISTRATIVE ACTS." Administrative law and process, no. 1 (28) (2020): 105–25. http://dx.doi.org/10.17721/2227-796x.2020.1.08.

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Judicial protection against individual and normative acts of the public administration continues to be problematic in Uzbekistan. One central reason for this mischief is the continuing prevalence of Soviet-style ideas and patterns in legal thinking as well as the legal practice. This article describes the problems of jurisdictions face when trying to overcome their Soviet heritage by developing legal protection in administrative matters, and analyses the strategies for the improvement of this situation. Key factors are a comprehensive and harmonised development of administrative procedure and administrative litigation in the field of legislation, and what might be termed a “constitutionalisation” of legal thinking, theory and teaching – i.e. the respect for values enshrined in Constitution such as the rule of law and access to judicial protection against the public administration – in the field of legal science. Uzbekistan is a good example how foreign partners and donors of international legal assistance can help strengthen these factors. This paper explores (1) to what extent Soviet thinking on judicial review over administrative acts has been set aside or to what extent is it still alive in today’s Uzbekistan, and (2) what are the transformation points of judicial review. Overall, I argue that Soviet thinking on judicial review over administrative acts has big change in legislation level under new regime of Uzbekistan, however legal reforms are not still accepted by legal practice, doctrine and legal education. To analyse these statements, the first step is to describe the main characteristics and legal reforms on judicial review over administrative acts taken in Soviet period (part II). Part III and IV analyses the current legal system and judicial practise of Uzbekistan. Lastly, I map out recent steps taken to introduce some reforms in the field of judicial review over administrative acts in Uzbekistan (part V).

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Radosevic, Ratko. "Judicial review of administrative silence." Zbornik radova Pravnog fakulteta, Novi Sad 49, no. 4 (2015): 1971–86. http://dx.doi.org/10.5937/zrpfns49-9458.

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Maurici, James. "Administrative Court Practice Judicial Review." Judicial Review 9, no. 1 (March 2004): 59–60. http://dx.doi.org/10.1080/10854681.2004.11427290.

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12

Willison, David H. "Judicial Review of Administrative Decisions." American Politics Quarterly 14, no. 4 (October 1986): 317–27. http://dx.doi.org/10.1177/1532673x8601400403.

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Kemaghan, Kenneth. "International Review of Administrative Sciences." Australian Journal of Public Administration 53, no. 4 (December 1994): 574. http://dx.doi.org/10.1111/j.1467-8500.1994.tb01507.x.

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14

Kiczka, Karol. "Sądowoadministracyjna kontrola przyjęć na studia w PRL." Studia nad Autorytaryzmem i Totalitaryzmem 43, no. 3 (December 19, 2021): 57–72. http://dx.doi.org/10.19195/2300-7249.43.3.5.

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The scope of judicial review regarding the application of administrative law in the authoritarian Polish People’s Republic (Polska Rzeczpospolita Ludowa — PRL) was limited. The reason for this is obvious: resolving disputes between executive power (public administration) and individuals in PRL by courts functioning in honest and effective way would be an “obstruction” of the tasks executed by the communist state. The Supreme Administrative Court was reactivated in the last stage of PRL’s functioning in 1980, following the model of interwar tradition. The paper offers an analysis of judicial-administrative review in PRL in the field of university admissions. Organization and functioning of the authoritarian PRL exerted an influence on the way judicial review of public administration operated. Administrative justice reactivated in 1980 was submitted to organizational and jurisdictional limitations, as the created Supreme Administrative Court was a one-instance institution with limited jurisdiction, filled with only nine judges. Still, reactivating administrative justice began the process of restoring the proper place for freedoms and individual rights against the state, including the right to attend higher education schools. The analysis of the chosen case has allowed to identify some significant interconnected processes and phenomena in the judicial-administrative review in the declining stage of PRL within the whole domain of administrative law. One example is public administration striving for avoiding judicial review by taking a position that settlement of an administrative matter by the university is not an administrative decision. Another example is regulation of individual freedoms and rights by a multi-layered unstable system of legal sources, including: law on higher education, order of the Minister for Science, Higher Education and Technology, and non-published guidelines from the Minister of Health and Social Welfare of 21 May 1981 on admission principles and procedure of full-time studies at medical universities.

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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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Gärditz, Klaus Ferdinand. "Effektiver Verwaltungsrechtsschutz im Zeichen von Migration und Europäisierung." Die Verwaltung 52, no. 2 (April 1, 2019): 259–96. http://dx.doi.org/10.3790/verw.52.2.259.

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The report surveys the development of administrative procedural law und jurisprudence between 2014 and 2019, in particular, under the auspices of the overarching mandate to grant effective judicial review. Pursuant to Article 19(4) of the Basic Law, effective judicial review is constitutionally guaranteed, but enfolds its practical effects within the intricate framework of Administrative Court Procedure Code and the inhomogeneous body of substantive administrative law. Additionally, European Union law and its own guarantee of effective remedies (Article 47 EU Charter of Fundamental Rights) bears influence on the administrative procedural law. The European Court of Justice seeks to give shape to partly vague European common standards of judicial review and its institutional settings. The so-called refugee burdened the administrative courts, as the number of asylum cases greatly increased by hundreds of thousands since 2016. The courts struggled to secure sufficient review of asylum decisions handed down by the federal administration under great strain, which diminished the quality and reliability of the administrative procedure and its fact findings. In the wake of the refugee crisis, the dormant provision enabling the administration to execute instant deportation orders has been tested against the guarantee of effective judicial protection. Another reference area that illustrates a shift within administrative procedural law is the complicatedly fabricated environmental law and its special provisions, which guarantee access to a court and effective review of administrative decisions (or omissions) that can affect the environment.

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Horvat, Matej. "A judicial review of the inactivity of public administration in the Slovak Republic." Opolskie Studia Administracyjno-Prawne 16, no. 4 (2) (September 18, 2019): 55–64. http://dx.doi.org/10.25167/osap.1221.

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The article focuses on inactivity of the public administration in the Slovak Republic. It analyses this malfunction of the public administration from the point of view of the legal theory, international legal regulation as well as national legal regulation. The emphasis is on the national legal regulation that should provide effective legal remedies on how to eliminate inactivity of the public administration – namely the Constitution of the Slovak Republic, the Act on Administrative Proceeding and the Act on Administrative Justice Procedure. The article analyses the new legal regulation on a judicial review of inactivity stipulated in the Act on Administrative Justice Procedure and compares it with the previous legal regulation. The aim is to conclude which legal regulation is more effective and describe why it is so.

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Seno, Ramadhani Haryo. "Strategi Jepang Dalam Mereformasi Administrasi : Literature Review." Sawala : Jurnal Administrasi Negara 8, no. 2 (December 28, 2020): 205–23. http://dx.doi.org/10.30656/sawala.v8i2.2564.

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Focus of this research is to describe administrative reform process in one country, by finding the strategies of administrative reform in transforming and developing administration system in Japan. Descriptive qualitative analysis by study literature and examining secondary data as a data collection method use in this research. The result show that there are three strategies successful of administrative reform: (1) reorganizations; (2) deregulations; and (3) decentralization. The conclusion of this research that are government must used its power to achieve the stated reform goals. The Japanese government has the courage non-populist policies by dissolving state ministries, recruiting civil servants, undertaking privatization, and gradually a bureaucratic culture that tends not to be innovative. Every change in Japan is preceded by an institutional order that is responsible for a particular problem and is ad-hoc (temporary). This shows that how Japan is controlled for certain problems by having targets that must be resolved. Realizing that political support is inevitable and even a necessity in implementing administrative reform in Japan.

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Landerson, N. V. "On the Integrative Interconnection of Extrajudicial and Judicial Resolution of Administrative-Tort Cases." Siberian Law Review 18, no. 3 (October 21, 2021): 339–49. http://dx.doi.org/10.19073/2658-7602-2021-18-3-339-349.

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The article considers some features of the integrative relationship between public administration and courts in two types of administrative-tort cases: 1) in cases of administrative offences (or otherwise - in cases of administrative-punishable torts, since the consideration and resolution of this category of administrative-tort cases essentially entails the appointment of administrative penalties according to the rules provided for by Code of the Russian Federation on Administrative Offences); 2) in cases of violations of mandatory requirements detected and suppressed by public administration bodies during control and supervisory proceedings (or otherwise - in cases of administrativeavoidable violations, since the consideration and resolution of this category is administrative-tort cases on the merits entail the application of such a measure of administrative enforcement and restorative influence as the introduction of an order to eliminate violations of mandatory requirements under the rules provided for by the legislation of the Russian Federation: 1) add Article 28.8 of the Code of the Russian Federation on Administrative Offences, providing that when drawing up a protocol on an administrative offense, the consideration of which is attributed to the competence of another body, a decision is made on the transfer of the case materials by authority (if the case is subject to consideration by a public administration body) or by jurisdiction (if the case is subject to consideration in a court of general jurisdiction); 2) as an alternative option for further improvement of the administrative-procedural legislation of the Russian Federation, the issue of applying a single algorithm of procedural actions of public administration bodies when sending materials of administrative-punishable cases to the court by filing an application with a requirement to bring to administrative responsibility, as already provided for in Chapter 25 of the Code of the Russian Federation on Administrative Offences, is proposed for discussion among scientists and legislators. And if it is necessary to transfer the materials of an administratively punishable case for consideration from one public administration body to another non-judicial body (public administration body), it is possible to provide for a ruling on the transfer of the case materials for consideration; 3) to regulate in the Code of the Russian Federation on Administrative Offences in the form of an independent chapter “Proceedings in administrative cases on the cancellation of a license and (or) permit” and provide for a single procedure for the review and resolution by the court of administrative cases of this category on administrative claims of public administration bodies.

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Issalys, Pierre. "Regards sur le droit administratif suisse." Les Cahiers de droit 19, no. 3 (April 12, 2005): 703–79. http://dx.doi.org/10.7202/042262ar.

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Looking at Swiss administrative law from a Quebec perspective, this paper outlines some aspects of the Swiss system that provide useful models or references for the discussion and resolution of current issues in Canadian and Quebec administrative law. These issues are identified as (1) the proliferation of independent administrative agencies, and the means to control or at least systematize the growth of such structures ; (2) the desirability and feasibility of enacting general standards of procedure for administrative action ; (3) the simplification of remedies in the field of judicial review of administrative action ; (4) the desirability and feasibility of allocating judicial review powers to a specialized court, either within or outside the Superior Court ; and (5) the desirability and form of a procedure allowing for political intervention in the decision-making process of independent agencies. In the light of these issues, the paper describes the allocation of review functions between administrative and judicial bodies in Swiss federal law. The structure and activity of the Swiss Federal Court (Tribunal fédéral), and especially of the division of the Court that deals with most administrative law cases, are outlined in some more detail. A short historical sketch leads to a discussion of the corresponding features of the law in some of the cantons, and to consideration of the special position given to social security matters in the general scheme of administrative law. The paper then focusses on administrative action itself, commenting on the most significant provisions in the Federal Administrative Procedure Act (Loi fédérale sur la procédure administrative) of 1968. Special attention is paid to the process of review within the administration, up to the level of the federal cabinet (Conseil fédéral). Corresponding provisions in the law of some of the cantons are also briefly discussed. The description of the federal review process is then completed by an outline of the procedure for judicial review of administrative action by the Federal Court (Recours de droit administrative). Finally, notice is again taken of the special position of social security as regards administrative procedure. The paper draws attention, in its concluding part, to the most interesting insights provided by Swiss law into the current problems of Canadian and Quebec administrative law. The growth of administrative tribunals has been brought under control by structural arrangements, especially in the field of social security. The introduction of general standards of procedure has brought greater uniformity and clarity, has emphasized the unity of administrative process including the review phase before administrative or judicial authorities, and has strenghtened the rule of law over government action. The existence of a single procedure to invoke judicial review eases access to the court. While in many cases review by the court is excluded, these exclusions have to be specific, and leave full opportunity for review within the administration, with adequate safeguards provided by the Administrative Procedure Act. Specialization occurs within the Federal Court, and does not involve a rigid separation between judges applying administrative law and judges applying other branches of the law, as in France or Germany. Finally, ultimate political control over certain types of decisions is admitted as a part of life in Swiss federal law, but is at the same time subjected to a quasi-judicial procedure which makes it an acknowledged source of administrative justice.

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D DeSilets, Lynore. "Administrative angles: it's all about the people." Journal of Continuing Education in Nursing 36, no. 3 (May 1, 2005): 100–101. http://dx.doi.org/10.3928/0022-0124-20050501-03.

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Fatmira, Hajdari. "The administrative review of concession agreements." Academicus International Scientific Journal 9 (January 2014): 120–39. http://dx.doi.org/10.7336/academicus.2014.09.09.

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Rugge, Fabio. "Book Review: Handbook of Administrative Communication." International Review of Administrative Sciences 64, no. 2 (June 1998): 341–42. http://dx.doi.org/10.1177/002085239806400216.

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Lingamneni, Jagan. "Book Review: Administrative Justice in India." International Criminal Justice Review 2, no. 1 (May 1992): 158–60. http://dx.doi.org/10.1177/105756779200200124.

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Türk, Alexander H. "Oversight of Administrative Rulemaking: Judicial Review." European Law Journal 19, no. 1 (December 21, 2012): 126–42. http://dx.doi.org/10.1111/eulj.12017.

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Rose, Alan. "The Role of Administrative Review Bodies." Australian Journal of Public Administration 58, no. 1 (March 1999): 65–75. http://dx.doi.org/10.1111/1467-8500.00073.

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Rostow, W. W. "Technology and administrative style: A review." Journal of Evolutionary Economics 1, no. 4 (December 1991): 307–19. http://dx.doi.org/10.1007/bf01236496.

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Марку, Жерар, and Zherar Marku. "A SKETCH OF THE MAIN MODELS OF ADMINISTRATIVE JUSTICE." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16130.

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Administrative justice exists in most countries as a function in the State organization. But its scope and its forms differ widely among countries, in particular as regards the place of judicial review and the powers of judges. We can sort out three main models of administrative justice, based on judicial review institutions, from historical experience and main national systems. In Europe, the European Court of Human Rights had a significant influence on the evolution of administrative justice towards more judicial oversight upon administrative bodies. The expansion of these models gave rise to a number of variants based on national and political context. The first model is the council of State, joining judicial review and advisory functions for the government. Initially an ancillary body it turned to be an independant supreme administrative court, with broad competence, including contracts and torts, while exercising further advisory functions. Another model is based on a unique administrative supreme court, with exclusive judicial review functions of a narrower scope, although some exceptions can be found where judicial review was transferred from a former council of State. A last model, probably most widespread nowadays, can be characterised as judicial review by the general supreme court. Institutionally there no dualism. The judiciary is also vested with judicial review of administrative authorities. Typical of common law countries, this organization can be found also in countries of administrative law. In reality, there is dualism as regards procedures, substantial law and the powers of judges in administrative matters. In numerous cases administrative courts are organised inside of ordinary courts. Whatever the form of administrative justice it is essential to secure the independence of judges, to give them the capacity of substantial review of administrative acts, to facilitate the access to administrative judges and to guarantee the execution of courts decisions.

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Meyer-Sahling, Jan-Hinrik. "Varieties of legacies: a critical review of legacy explanations of public administration reform in East Central Europe." International Review of Administrative Sciences 75, no. 3 (September 2009): 509–28. http://dx.doi.org/10.1177/0020852309337670.

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This article examines the status of historical legacies in debates on the reform of public administration in East Central Europe. It identifies limitations of existing accounts and derives three dimensions for the further development of legacy explanations of administrative reform in East Central Europe. First, legacy arguments tend to zoom in on the negative effects of the communist past. Yet there is not one but many legacies that matter for post-communist reforms and these many legacies have to be carefully distinguished and conceptualized. Second, legacy explanations tend to search for broad similarities between the administrative past and the present set-up of East Central European administrations in order to demonstrate the importance of the legacy. The identification of similarities is, however, not sufficient for the identification of legacy effects. Instead, the article argues in favour of the identification of causal mechanisms of legacification to explain recent administrative developments in East Central Europe. Finally, the article draws attention to the interaction of legacy effects with other determinants of administrative reform such as European integration and political parties. Points for practitioners This article addresses primarily policy-makers who deal with the reform of public administration in Central and Eastern Europe. It addresses the issue of how administrative traditions and, generally, historical legacies affect the design of administrative reforms and the successful implementation of reforms. Conventional wisdom concentrates on the negative effects of the communist-type administration on contemporary reform in Central and Eastern Europe. This article advances a more differentiated perspective on the impact of historical legacies. It argues that communist administrations evolved over time and differed considerably across countries. The administrative experience of other historical periods further interacts with the communist legacy of the past. The article also identifies various mechanisms that help to ‘transport’ the legacy of the past into the contemporary administrative reform context. For administrative policy-makers this approach implies that they cannot take for granted that the effect of the communist legacy is identical across countries and they cannot even assume that the communist administration will be long-lasting after transition. Instead, it is recommended that the specifics of local administrative traditions and the kind of mechanisms that produce legacy effects in the context of contemporary reform efforts be examined more closely.

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Niezgoda, Andrzej. "Sądowa kontrola decyzji organów podatkowych w sprawach ulg w spłacie zobowiązań podatkowych opartych na uznaniu administracyjnym." Studia Iuridica Lublinensia 30, no. 4 (October 13, 2021): 441. http://dx.doi.org/10.17951/sil.2021.30.4.441-457.

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The article is of a scientific-research nature. The author discusses the problem of limits of judicial review of discretionary decisions made by taxation authorities, which aim at applying relief in payments of tax liabilities under Polish regulations and case-law of administrative courts. It may be noted that despite the issue of administrative discretion being discussed in the academic literature, the question of limits of judicial review in the practice of administrative courts still raises doubts. It is therefore reasonable to undertake the analysis of the main views formulated in the literature and the case-law of administrative courts addressing this problem, from the point of view of the limits of judicial review of discretionary decisions. The thesis of the article is that the nature of discretionary decisions on relief in payment of tax liabilities, determined by the function of administrative discretion, and, at the same time, the criteria set out in the law for judicial review of public administration, limit the role of the administrative court in examining the compliance with procedural law of the tax proceedings preceding the issuance of such a decision and the respecting by tax authorities of the fundamental values of the system of law expressed in the Polish Constitution. This is because they define the limits of administrative discretion, within which the choice of one of the possible solutions remains beyond the judicial review of the public administration. For the law, as it stands (de lege lata) there are no grounds for administrative courts, provided that the tax authorities respect the basic values of the legal system expressed in the Polish Constitution, to formulate assessments as to the circumstances and reasons justifying the granting or refusal to grant a tax relief, or its scope. The concept of internal and external limits of administrative discretion may therefore be useful for administrative court rulings.

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Lopižić, Iva +. "PRENESENI DJELOKRUG U LOKALNOJ SAMOUPRAVI: TEORIJSKA RAZMATRANJA I KOMPARATIVNA ISKUSTVA." Pravni vjesnik 37, no. 3-4 (December 2021): 129–48. http://dx.doi.org/10.25234/pv/13901.

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After the abolition of the county administrative offices in January 2020, the tasks performed by the county administrative offices as first-instance state administration bodies were delegated to the counties, as the second level self-government units in Croatia. By this organizational change, the model of deconcentrated performance of state administration tasks was replaced by the model of administrative decentralization. In this context, the paper presents the features of the delegated scope of competence as an organizational performance model of state administration tasks in territorial units and administrative decentralization with a delegated scope of competence as an institutional result. The review of the scholarly literature on the delegated scope of competence and the effects of administrative decentralization is supported by a comparative review of the delegated scope of competence in the Czech and German local self-government. Based on theoretical considerations and comparative practices, the paper discusses the possible effects of the application of the delegated scope of competence in Croatian counties on their institutional development and performance of the delegated tasks.

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Sheldrick, Byron. "Book Review: Judicial Review and Compliance with Administrative Law." Social & Legal Studies 15, no. 2 (June 2006): 305–6. http://dx.doi.org/10.1177/096466390601500209.

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Stolleis, Michael. "Judicial Review, Administrative Review, and Constitutional Review in the Weimar Republic." Ratio Juris 16, no. 2 (June 2003): 266–80. http://dx.doi.org/10.1111/1467-9337.00236.

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34

Mahtab, Nazmunessa. "Administrative Decentralisation and Rural Development in Bangladesh : A Review of Upazilla Administration." Indian Journal of Public Administration 31, no. 4 (October 1985): 1297–317. http://dx.doi.org/10.1177/0019556119850408.

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35

Pandey, Kanak, Sonia Paliwal, Himanshu Joshi, Neema Bisht, and Navin Kumar. "A review on change control: A critical process of the pharmaceutical industry." Journal of medical pharmaceutical and allied sciences 11, no. 2 (March 30, 2022): 4588–92. http://dx.doi.org/10.55522/jmpas.v11i2.2077.

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Change control is the most basic component in a drug organization's quality administration framework, deficient switch control techniques wind up making a tremendous danger of rebelliousness. The administrative direction for Industry plainly fortifies the significance of executing a successful change control technique as a basic part in a general quality framework. The idea of progress control is intently intertwined with administrative compliance. Vendors change cycles, sources, and details for crude materials, gear requires fix, administration, or substitution, producing areas are changed, clump sizes are expanded or diminished and headways in innovation are made that direct changes to the activities. In the wake of giving of Marketing Authorization as well as assembling, numerous progressions happen across the Product lifecycle, for example Scaling up of pilot clump into business bunch and variety in assembling measures, excipients and fabricating locales. Every one of these progressions are considered as post endorsement changes or varieties. These varieties should be endorsed by the particular administrative specialists of a country. If not, it puts the promoting approval holder or potentially permit holder in danger. Legitimate administration of changes is basic and appropriate change the board lessens the danger of suspension of licenses and the admonition letter from the administrative specialists. The current audit gives an industry insight on Change Control framework and significance of the Quality Management System. Keywords: Change Control, Quality Management System, Change Management System, Risk Assessment.

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Green, Richard T. "Book Review: Administrative ethics and executive decisions: Channeling and containing administrative discretion." American Review of Public Administration 49, no. 1 (October 10, 2018): 128–29. http://dx.doi.org/10.1177/0275074018805571.

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Anderson, Christopher. "Contrasting models of EU administration in judicial review of risk regulation." Common Market Law Review 51, Issue 2 (April 1, 2014): 425–54. http://dx.doi.org/10.54648/cola2014033.

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Judicial review has been an important influence in the development of administrative risk regulation in the European Union. One way in which this influence has been felt is in the development of legal rules and principles for structuring and controlling administrative decision making on risk. Judicial formulation of these rules rests on often unstated premises about the nature and role of the administration within the EU's institutional structure. An examination of the case law shows that two distinct models of administration are operating in different strands of the case law. As jurisprudence in this area develops, the choice between these models will have significant impacts on the shape of risk regulation in the EU.

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Hoffman, István. "Application of Administrative Law in the Time of Reforms in the Light of the Scope of Judicial Review in Hungary." Studia Iuridica Lublinensia 29, no. 3 (June 30, 2020): 101. http://dx.doi.org/10.17951/sil.2020.29.3.101-116.

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The Hungarian legal system and especially the administrative law is in the state of permanent change. This constantly transforming environment is a challenge for the rule of law. Every significant field of administrative law is impacted by these changes – even the judicial review model of the administrative decisions. The author analyzes the impact of these changes – especially from the last three years – on the application of administrative law. The issues raised in the article are focused on the transformation of the procedural rules, in particular on the impact of the new Act I of 2017 – Code of Administrative Court Procedure and its amendment in 2019. Two major institutions are analyzed further. First, the work analyzes the impact of the reform on the system of legal remedies in the administrative law, i.e. the reduction of the intra-administration remedies, the administrative appeal. Secondly, the extent of the judicial review was examined, in particular debates, codifications and amendments of the cassation and reformatory jurisdiction of the courts. The courts are currently the major interpreter of administrative law, whose change can be interpreted as a paradigm shift of the approach of the application of administrative law.

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Beatson, Josephine A., and Jeanette E. Lancaster. "Peer Review of Psychotherapeutic Treatments in Psychiatry: A Review of the Literature." Australian & New Zealand Journal of Psychiatry 27, no. 2 (June 1993): 311–18. http://dx.doi.org/10.3109/00048679309075783.

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This paper reviews the literature concerning the current status of peer review of psychotherapeutic treatments in psychiatry. Accounts of the aims and mechanisms of peer review, administrative issues and the effects of peer review on patient care and professional practice are examined.

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40

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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Cenbo, Chen, and Hong Yi. "Fair Competition Review Applying in Tobacco Monopoly of China: on the Practice of Administrative Self-Regulation." Tobacco Regulatory Science 7, no. 6 (November 3, 2021): 5108–17. http://dx.doi.org/10.18001/trs.7.6.5.

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Objectives: This article attempts to discuss the practice of China’s fair competition review mechanism applying in China’s tobacco monopoly administrative system as an administrative self-regulation act. Methods: by reviewing the literature, relevant website and applying the liberal interpretation in legal provisions of China, this paper reveals the important reasons behind the establishment of fair review system by the Chinese government —the existence of administrative monopoly and the problems caused by the deficiency of China's existing external regulation. Results: by combing the legal foundation of fair competition review mechanism, this paper responds to the rationality of China's adoption of self-regulation model. Furthermore, through the discussion of the applying of fair review in tobacco industry’s administration, it responds to the practice of tobacco monopoly’s self-regulation. Conclusion: the article concludes that China's fair review system can be partially applied to China's tobacco monopoly.

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Simanjuntak, Enrico. "THE DEVELOPMENT OF ADMINISTRATIVE COURT JURISDICTION REGARDING CIVIL SERVANT DISPUTE." Jurnal Hukum Peratun 4, no. 1 (March 26, 2022): 67–88. http://dx.doi.org/10.25216/peratun.412021.67-88.

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The development of personnel law regarding litigation has experienced tremendous development, but some of the latest literature in the field of personnel law is still referring to the mechanism of litigation that is already irrelevant. As is known now after the enactment of the Supreme Court Regulation (Perma) No. 6 of 2018 concerning Government Administration Dispute Resolution Guidelines After Taking Administrative Review, the principle applies so long as it is not determined otherwise by certain sectoral regulations (lex specialis), submitting a claim to the State Administrative Court (PTUN) must first take administrative efforts internally or quasi-judicial institution (lex generalis). As the initial intention of the State Civil Apparatus Act (UU Aparatur Sipil Negara), now the resolution of personnel disputes must be preceded by internal administrative review before being submitted to the State Administrative Court.

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Resh, William G. "The Disarticulation of the Administrative State (and Public Administration)." Administration & Society 51, no. 3 (February 4, 2019): 347–70. http://dx.doi.org/10.1177/0095399719826587.

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The author takes the opportunity to review two compelling contributions to the field of Public Administration (PA) to expose how either would not ostensibly identify with the scholarly field of PA itself. Both of the works advance their theses through the integration of disciplines, though less than a self-identifying “public administration” scholar might like. Nonetheless, they do so better than PA scholarship has done beyond its own limited readership. The author argues that pathologies of managerial and political silos that largely ignore “rule of law” as a pillar of the administrative state make Public Administration—as an academic enterprise—largely silent (or incapable) in conversations about critical issues of governmental legitimacy and crisis.

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Wenander, Henrik. "Administrative Constitutional Review in Sweden: Between Subordination and Independence." European Public Law 26, Issue 4 (December 1, 2020): 987–1010. http://dx.doi.org/10.54648/euro2020074.

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The article examines the power of administrative bodies to assess the constitutionality of legislation (‘administrative constitutional review’), taking examples from Swedish public law. The Swedish constitution explicitly requires all public bodies to engage in administrative constitutional review when necessary. In this way, Swedish administrative authorities have the right and duty to act as guardians of the rule of law. This competence relates to the historical development of Swedish public law, which deviates from most other European constitutional systems by organizing all state administrative authorities as separate public organs detached from the Government and the ministries. The Swedish constitutional obligation is parallel to EU law requirements on national administrative organs to set aside national legislation in conflict with directly applicable EU law (‘the Costanzo obligation’). Against the background of practical examples in Swedish law, the article identifies theoretical and practical challenges for administrative bodies to engage in constitutional review. These include the risk of disturbing constitutional structures by putting lower administrative authorities on par with the parliament. The possible problems of lack of legal expertise and the problem of independence in practice are also discussed. At the same time, the concept of administrative constitutional review has a potential to protect the constitutional system, including the fundamental rights of individuals. administrative constitutional review, separation of powers, rule of law, administrative independence, Swedish administrative model, Costanzo

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de Lucia, Luca. "A Microphysics of European Administrative Law: Administrative Remedies in the EU after Lisbon." European Public Law 20, Issue 2 (June 1, 2014): 277–307. http://dx.doi.org/10.54648/euro2014020.

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This article aims to offer a view of the principal administrative remedies toward the European administration and to illustrate the effect that the Lisbon Treaty has on these. In particular, three types of administrative remedies governed by secondary laws are presented: those relating to internal review, those decided by independent commissions instituted within European agencies and those involving the European Commission against acts of European agencies. Following this the relationship between administrative appeals and the regulation of certain executive acts of the European Union will be looked at in order to formulate some considerations on the role of such tools inside the 'European administrative justice' system.

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Deviatnikovaitė, Ieva. "Constitutional principles in public administrator's decision-making under the case law of the Supreme Administrative Court of Lithuania." Bratislava Law Review 2, no. 1 (June 30, 2018): 109–15. http://dx.doi.org/10.46282/blr.2018.2.1.97.

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This paper serves few purposes. First, it examines the principles of public administration in Lithuania. Good administration principle is analysed as constitutional principle relying on the case law of the Supreme Administrative Court of Lithuania. Second, it explores impact of the decisions of Constitutional Court of the Republic of Lithuania to the contemporary judicial review of Lithuanian administrative courts. Therefore, one of the latest rulings of the Supreme Administrative Court of Lithuania related to the spelling of names and family names in the passports of citizens of the Republic of Lithuania will be reviewed.

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Albert, Richard, and Anna Nikolayeva. "Judicial review of administrative action in the United States." A&C - Revista de Direito Administrativo & Constitucional 17, no. 70 (December 1, 2017): 13–23. http://dx.doi.org/10.21056/aec.v17i70.827.

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In this article, the authors explain and evaluate the judicial review of administrative action under the United States Constitution. After discussing the birth of the administrative state, the authors introduce and analyze the forms of judicial review of administrative action as well as the origins and variable degree of judicial deference to administrative action. The authors close with a discussion on the future of judicial review of administrative action in the United States.

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de Leeuw, Magdalena Elisabeth. "The European Ombudsmans Role as a Developer of Norms of Good Administration." European Public Law 17, Issue 2 (June 1, 2011): 349–68. http://dx.doi.org/10.54648/euro2011024.

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European Ombudsman, the principle of good administration, norm development, European Code of Good Administrative Behaviour, ethics. This article analyses and discusses the role of the European Ombudsman (EO) as a developer of norms of good administration. Empirical research conducted by the applicant reveals that the EO is actively creating norms of good administration in his decisions on individual complaints. In this article, the normative view will be advanced that the EO has his own task and responsibility in respect of the review of administrative behaviour, which is different from the task and responsibility of the Court. Administrative bodies do not only have to act lawfully but also in accordance with the principle of good administration. In the author's view, the EO has his own responsibility in autonomously developing the ethical standard of good administration and developing norms of good administration and to review administrative behaviour for compliance with that standard. However, not everybody shares the view that the Ombudsman should do something else than the Court. Moreover, objections have been raised against standard-setting activities by the Ombudsman, questioning his democratic credentials and maturity. If the Ombudsman embraces the new view in respect of his role as a creator of norms of good administration, he would have to adapt his current mode of operation in a number of respects.

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Rittman, Martyn, and Joseph Roberts. "Administrative Sciences Introduces Double Blind Peer-Review." Administrative Sciences 5, no. 2 (June 1, 2015): 88–89. http://dx.doi.org/10.3390/admsci5020088.

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50

Hickie, Des. "Book Review: Administrative Politics in British Goverment." Teaching Public Administration 7, no. 1 (March 1987): 53–55. http://dx.doi.org/10.1177/014473948700700108.

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Journal articles on the topic 'Administrative review'

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