Non-delegation doctrine : "agencies cannot make laws" (ostensibly) -- The legitimacy of u.s. government agency power -- Separation of powers--legislative and executive control over administrative agencies -- Keeping track of regulations; discretionary and informal agency action -- Rulemaking -- Preemption and judicial review of agency rulemaking -- Adjudication -- Adjudication--how much process is due? -- Adjudication--substantial evidence rule -- Choice of rulemaking or adjudication -- Availability of judicial review -- Suing government agencies and employees -- Government employment rights and due process -- "Transparency" : public access to government information
The article analyzes the current status of administrative services provision. The main tasks that Ukraine faces during the reform of power decentralization are identified. The effective work of local authorities will result in the creation of a more efficient work organization, performance of all duties and functions at a high level, in particular in the field of public services. Having analyzed the processes status of providing administrative services, one should focus on solving a number of shortcomings and challenges in this area. The problem of administrative services provision quality in the context of decentralization is quite relevant and attracts the attention of scholars and practitioners. It is very important to study the services provision mechanism, to improve this process in terms of increasing a number of functions and powers of local self-government bodies.
"Amongst the select group of constitutional law advocates in Malaysia, Tommy Thomas ranks among the best - fearless, dedicated, committed and vocal in his decades-old pursuit to entrench respect for fundamental rights and liberties for the ordinary Malaysiań⁰ŒThis timely collection of essays should be read by lawyers and non-lawyers alike for its valuable insights into important constitutional issues, and for the thinking jurist, it will serve as a beacon of conscience into what is right, correct and proper under the Constitution"--Dato' Mohamad Ariff Yusof, Retired Judge of the Court of Appeal--Back cover
Discusses the Popular Assembly of the Peoples of Oaxaca (APPO), an umbrella group comprising hundreds of civil society organizations, in its stand against the PRI-PAN alliance or PRIAN. Provided is a chronology of the rebellion leading to APPO's emergence, beginning with the May 2006 action of Local 22 of the National Education Workers Union, & of the resulting government repression. The assessment of the International Civil Commission of Observation of Human Rights regarding government actions is outlined, & examples of how APPO is withstanding the repression are presented. Charts. D. Edelman
This article analyses some of the major attributes of Pakistan's contemporary administrative culture. The article uses Hofstede's famous four dimensional model of national cultures as an analytical framework. Hofstede's fourfold typology – power distance, individualism/collectivism, uncertainty avoidance and masculinity/femininity – is used as a point of departure for a more elaborate description and analysis of the traditions, values and norms that characterize Pakistan's governing system. The author uses secondary data from official documents, newspapers, magazines and scholarly literature to support Hofstede's initial findings. A brief account of the colonial antecedents and post-colonial evolution of the administrative institutions is given to provide the context in which the system operates. The main conclusion is that Pakistan's relatively high collectivist orientation, high propensity toward uncertainty avoidance, high power distance and masculinity largely account for many traditions and practices including strict adherence to hierarchy, centralization, corruption, nepotism and gender differentiation in administrative roles.
Can we talk about 'the people' as an agent with its own morally important integrity? How should we understand ownership of public property by 'the people'? Nili develops philosophical answers to both of these questions, arguing that we should see the core project of a liberal legal system - realizing equal rights - as an identity-grounding project of the sovereign people, and thus as essential to the people's integrity. He also suggests that there are proprietary claims that are intertwined in the sovereign people's moral power to create property rights through the legal system. The practical value of these ideas is illustrated through a variety of real-world policy problems, ranging from the domestic and international dimensions of corruption and abuse of power, through transitional justice issues, to the ethnic and religious divides that threaten liberal democracy. This book will appeal to political theorists as well as readers in public policy, area studies, law, and across the social sciences.
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AbstractResearch findings show that legal cynicism—a cultural frame in which skepticism about laws, the legal system, and police is expressed—is important in understanding neighborhood variation in engagement with the police, particularly in racially isolated African American communities. We argue that legal cynicism is also useful for understanding neighborhood variation in complaints about police misconduct. Using data on complaints filed in Chicago between 2012 and 2014, we show that grievances disproportionately came from racially segregated neighborhoods and that a measure of legal cynicism from the mid‐1990s predicts complaints about abuse of police power two decades later. The association between legal cynicism and complaints is net of prior complaints, reported crime, imprisonment, and other structural factors that contribute to the frequency and nature of interactions involving police and residents. Legal cynicism also mediates the influence of racially isolated neighborhoods on complaints. The mid‐1990s is the approximate midpoint of a half‐century of police scandals in Chicago. Our research findings suggest that contemporary complaints about police misconduct in highly segregated Chicago neighborhoods are grounded in collectively shared historical memories of police malfeasance. They also suggest that persistent complaints about police misconduct may represent officially memorialized expressions of enduring racial protest against police abuse of power.
This is a fully documented inside examination of the Internal Revenue Service, in many ways the largest and most powerful of all federal agencies, and also the agency whose competent function is most essential to our democracy. The book's appearance in 1989 sparked a public furor and major legislation attempting to redress the IRS' many abuses of power, both political and bureaucratic. The book will be a relevant handbook as long as the agency remains a towering presence in American life.
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