Suchergebnisse

Initial process is an official summons to a person requiring him to appear in court and defend himself or suffer default judgment. The purpose of the summons is notification to the defendant.

Under the reform of article 1 of the Federal Constitution (June 10, 2011), all government authorities have the obligation to respect human rights. The main inquiry of this essay is whether the Executive can, ex officio, revoke administrative acts for violations of human rights or stop enforcing a law it deems unconstitutional. Following this line of inquiry, for the purposes of this essay, the hypothesis is affirmative. The first part of this work analyzes several techniques and their comprehensive interpretation. Doctrine and comparative law are used to frame the issue. The second part consists of a constitutional analysis of article one under several legal interpretation theories to obtain preliminary results. The third part focuses particularly on revocation in the Administrative Procedure Act and the Mexican Federal Tax Code, in addition to relevant case law. Lastly, it is concluded that, in certain cases involving legal certainty, revocation can apply; however, refusal to enforce a law deemed unconstitutional cannot.

Since the last report, administrative law in Virginia has continued to develop on both the legislative and judicial fronts. This year's General Assembly enacted amendments to the state's administrative procedure statute which embody the third and final round of recommendations by the Governor's Regulatory Reform Advisory Board. The major changes were the standardization of procedures for obtaining judicial review of state agency action and the embodiment in statute of a corps of independent hearing officers.

Since the passage of the sixteenth amendment' in 1913 and the income tax legislation adopted thereunder, the development of new forms of business entities has been driven largely by the desire to harmonize two goals: limited liability for the owners of the entity and pass-through treatment of the entity for income tax purposes.

"The Federal Tort Claims Act": p. 74-80. ; "The Administrative Procedure Act": p. 65-74. ; Includes index. ; Mode of access: Internet.

The President's signature of the new Administrative Procedure Act completed the second or legislative phase of the reform of administrative procedure which began with the introduction and passage of the ill-fated Walter-Logan bill in 1939–40. The investigatory phase which preceded it had its beginning in the reluctant recognition accorded administrative law as a separate discipline at about the turn of the century. The refusal to recognize the existence of administrative law gave way before a volume of literature on the subject, and became transformed into a criticism of the administrative process itself. The movement for reform of which the act of 1946 was the culmination has come largely in answer to these criticisms. Ignoring differences in phraseology and attacks on specific agencies, most critics appear to agree on the following arguments:(1) The administrative process is essentially dangerous in that it ignores the traditional American theory of the separation of powers, a principal protection against tyranny and dictatorship in the United States. This argument may appear in several forms. Sometimes it is said that administrative law is to be deplored because it is typical of alien countries which are not as advanced politically as we. In the hands of the American Bar Association, this argument is used to point up dangers inherent in any system that has a tendency to limit judicial review. And sometimes the allegation is merely that the administrative process is a violation of the separation theory, leaving the evils of such a violation to implication.

The administrative act, a legal institution of rare preeminence in any legal system of the democratic world, represents a symbol of the structured activity of administration. It involves the manner of transposing the imperative, unequivocal, and unidirectional will of superordinate state structures into objective reality. This will enters specialized legal relations and is characterized by the exercise of public power.
The administrative act represents, in this manner, a representative and well-defined means of imposing the will of organized state structures at every level of society by transposing informed but conceptualized will into a materialized and easily perceptible resort.
As conceptualized in Romanian doctrine, the specific act of administrative law represents the primary and revealing form of public administration activity. It is the only legal act issued/adopted by authorities, institutions, or other public bodies that produces concrete effects concerning its recipients and beyond.
However, this distinct type of legal act is characterized by a series of distinctive features that individualize it within the framework of internal legal relations and reveal its specific aspects, as well as the effects emanating from its content.
Not all administrative acts have the same form, structure, effects, characteristics, purposes, and certainly, not all have the same impact on the individualized legal order at the level of society.
Therefore, in specialized doctrine followed by the practice of national courts, a series of distinct criteria have been imposed for crystallizing distinct typologies of administrative acts.

Beginning with 1887 published in Charleston, W. Va. ; Mode of access: Internet.

Imprint varies. ; Title varies slightly. ; Mode of access: Internet.

While the Appalachian National Park Association was successful in gaining support from southern states to purchase land for a park or forest reserve, in order to do so, each state had to cede its authority to the federal government to acquire title to such lands. In January 1901, North Carolina passed a bill giving Congress that authority. By April 1901, South Carolina, Georgia, Alabama, Tennessee, and Virginia followed suit.