Suchergebnisse

This article covers changes made to the Virginia Administrative Process Act (VAPA) during the 1992 session of the General Assembly. It also covers selected recent cases from Virginia courts dealing with state administrative procedure decided between August 30, 1990 and September 17, 1992.

Administrative Law consists of those legal principles, whether of constitutional, statutory or common law derivation, which are generally concerned with the organization, relationships, powers and procedures of administrative agencies.' These are the agencies of government, other than the regular courts and legislatures, which can determine private rights through adjudication or affect these rights through the making of rules having the status of law. It will be noted that the definition excludes the substantive rules of law applied and developed through such agencies. Procedural in nature, it is an area of law in which the institution of judicial review of administrative action continues to be of central, though diminished, importance. Through extensive studies and the passage of the Federal Administrative Procedure Act, the systematizing of this area of law at the federal level has been greatly advanced in recent years. Few states have made similar strides, although administrative agencies at the state and local level may be even more numerous." Tennessee has not attempted any comprehensive statutory regulation such as the Model State Administrative Procedure Act. What might have been a legislative attempt at detailed coverage of the topic of judicial review, in conjunction with the adoption of the 1932 Code, has been treated as accomplishing little change in the preexisting law. In its decision of major importance in this field of law during the current survey year,the Tennessee Supreme Court invoked the Constitution to prevent from becoming effective what could have been a far-reaching statutory change in the scope of judicial review. Apart from this decision there was little development of more than routine significance during the period.

When elections bring about changes in the political party of the president, the shifts frequently involve a change in the philosophies that inform the approach to governing. In teaching constitutional law, administrative law, and health law, this author cautions students to consider the political content of agency actions underlying the judicial opinions studied. Examining the political and discretionary judgment government officials exercise may provide an explanation for the results or an analysis when the law does not seem to account for the agency action or court decision. This Article examines the opportunities available to an incoming administration to undo the work of its predecessor and the constraints the law imposes on the exercise of discretion. After surveying the increasing use of the Congressional Review Act to reverse the regulatory actions of a predecessor administration, Part I of the Article explores other administrative law tools available to halt or redirect regulatory actions with which an incoming administration disagrees. Part II examines some of the signature cases involving judicial review of agency action to illustrate the constraints courts may impose on changes in administrative policy. Parts III, IV, and V examine how courts have dealt with policy changes in federal health care programs and the potential impact of changes in the presidential approach to the appointment of administrative adjudicators. The Article closes with some reflections on how this author's experiences working in state and federal government have informed her view of government decision-making.

This book offers a comparative introduction, by the editor and native authors, to the most important aspects of administrative law in various EU Member States (France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the United States of America.0It aspires to contribute to the 'transboundary' understanding of different regimes related to actions and decisions of the administration. 0For the purpose of the use of this book in education, research and legal practice, the contributions to the book are all based on one and the same format, thus making it more accessible for its readers. The main items of the format, worked out in the introduction by the editor, are:01. What is administrative law?02. Who is administrating?03. Which instruments are available for the administration?04. Which (formal) rules/principles (written or unwritten) govern administrative actions?05. Access to (administrative) courts against administrative actions/decisions.06. Enforcement by the administration.07. Financial liability of the administration for (un)lawful actions.08. Recent and future developments and conclusions.0The final chapter offers comparative remarks by the editor

Public law notions seen from shari'a law perspective have not been duly discussed in Islamic countries. In the discourse of rule of law in Islam we are confronted with a dilemma , moral values of a religion are not compatible with the coercive legislative measures . Thus the authentic application of shari'a rules is feasible only if a scientific hermeneutic of shari'a law is adapted to the exigencies of today's modern life, while the outlook on the boundaries of hermeneutic remains obscure. Regarding the public finance in Islam and State owned banking system, in many Islamic countries both Shi'a concept banks and Sunni concept banks, while prohibiting usury have worked out a well established shari'a law compliant loan system in favor of the customers. Also economic democracy from shari'a law point of view finds its way through other means provided in shari'a rules (Shi'a or Sunni). The notion of an Islamic administrative law is rather misperceived. The actual polemic on governance and administrative law in Islam is considered as being an outcome of the conflict between shari'a based concepts and notions asserted by faquihs and jurists and the legal practices and usages of Islamic States since the expansion of Islamic territories (700 AD).

Administrative law within Canada's Constitution and legal system -- Key principles (statutory interpretation, rules, and discretion) -- Administrative agencies, boards, and commissions -- Fairness : the right to be heard -- Fairness : impartiality and bias -- Constitutional rights in administrative law -- The standard of review in administrative law -- Advocacy before government departments, administrative agencies, and tribunals -- Tribunal practice before hearings -- Tribunal practice during hearings -- Presenting evidence at a hearing -- Administrative agency : management and control of the hearing process -- Tribunal decision-making procedures -- Remedies and enforcement in administrative agencies and tribunals -- Challenging decisions of tribunals and administrative agencies.