Suchergebnisse

The government's task to achieve the state's objective is provided in the preamble of the 1945 Constitution of the Republic of Indonesia. In the governance system, societies often encounter tough situation, while administrative law has specially actualised constitutional norms of correlation between the state and its societies. The administrative management in the Law is seen as essential instrument of a democratic state of law, in which decision and/or act is determined by an entity and/or a government official or government apparatus involving executive, judicative, and legislative entities that run governmental functions which are possible to be examined at court. The research problem presented in this research is why there are differences between positive-passive system (stelsel) and negative-passive system regarding the management of state administrative decision. This research employed normative legal research along with prescriptive analysis method. The research result indicates that the emergence of conflict in passive administrative state management is caused by the inaccuracy of legislation in formulating laws.

Academic power and administrative power are the 2 basic types of authority in a university. While closely related to each other, they are at the same time opposed to each other. Whether a university is dominated by academic power or administrative power, they are all influenced by the
political and market needs of the country. Game theory is an effective tool to analyze the relationship between academic power and administrative power. In this study we analyzed the game relationships between these 2 types of authority in universities with the help of a prisoner's dilemma
game model, to achieve a new theoretical interpretation of the balance between academic power and administrative power.

What could be greener than wind power? That's easy-saving endangered species! The wind power industry has learned the hard way what timber companies, federal land management agencies, hydropower generators, state highway departments, real estate developers, small coastal villages, the Environmental Protection Agency, farmers, major metropolitan governments, and more like them around the nation know all too well-never, ever take your eyes off the Endangered Species Act ("ESA"). It may be green and one of the darlings of our nation's renewable energy future, but wind power has no "green pass" to get out of the ESA. The reason wind power has cause for concern with the ESA is, in a nutshell, that wind power needs wind, and many bats and birds- including some protected under the ESA-like windy places. So, it is no wonder that wind power developers frequently find their choice facility locations in the path of protected species. This potential for bats, birds, and other species to collide with or otherwise feel harmful effects from wind power turbines necessarily implicates the ESA, as well as several other federal wildlife protection statutes. Only in the past few years, however, has wind power capacity across the landscape reached levels making the intersection of wind power and the ESA of critical importance to the nation's renewable energy policy.

The relevance of the article is due to the fact that not enough attention is being paid in the scientific and educational legal literature to the problems of administrative conviction, and therefore the questions about its main features and definition remain debatable. The purpose of the article is to find out the essence of administrative conviction. Systematic and historical approaches, methods of analysis and synthesis, comparative method, method of expert assessments were used in the process of realization of this goal. Informational basis of the article are literary sources, Code of Ukraine on Administrative Offenses, the law "On the National Police". An analysis of the first in the post-Soviet legal literature serious attempt to find out about the features of administrative persuasion has been made. As part of this analysis: 1) it has been shown that the provisions under which: a) the application of an administrative conviction is a monopoly of public authorities; b) administrative conviction is not linked to individual influence; 2) the contradiction between the Ukrainian legislation and the allegations in the legal literature has been pointed out, and it has been confirmed that the factual basis of the administrative conviction is always absent and that its application does not have a regulatory framework; 3) it has been suggested that under the current conditions the primacy of persuasion over coercion should be regarded not as a feature of administrative persuasion but as a desirable tendency for the development of this institution; 4) it has been considered as appropriate to include in the range of features of administrative conviction that: a) it is a universal method of public administration; b) subordination of its influence is voluntary; c) it is a means of preventing and averting an offense Criticism of the view that administrative conviction includes encouragement has been supported. It has been concluded that the administrative conviction is a universal method of public administration, which ...

What constitutes institutional abuse of children? What is redress? What do survivors want? In this book, Kathleen Daly explores major cases of historical institutional abuse of children in Canada and Australia. Drawing from first-hand accounts of survivors, the book documents their memories growing up in institutions and their experiences with redress, to examine whether justice interests -- for participation, voice, validation, vindication, and offender accountability -- are achieved. Redress for institutional abuse includes civil litigation, public inquiries, and redress schemes. Daly analyzes these areas, paying close attention to redress schemes and asks whether, from a victim's perspective, there is an optimal redress process and outcome. With significant attention worldwide towards identifying effective responses to historical institutional abuse, this text provides a timely, lively, and authoritative resource.

Child abuse is usually only prominent with its physical, sexual, or mental dimensions, and the educational dimension, which is based on the educational neglect and exploitation of children, is ignored. In this context, deliberate directing and shaping of the child's interests, needs and expectations, and the attempts of various stakeholders (such as parents, laws, culture, power authorities, capital groups, private enterprises, and interest groups) open the door to the educational abuse of the child. In this sense, the facts that the dominant classes use education systems to adapt their economic, social, political system and orientation, parents' authority and interventions for their children's educational and professional futures thus creating anxiety and pressure on the child, the expectation of the investment groups to raise individuals suitable for market dynamics from education by justifying the labor market and employment and the pressure for this, the educational activities of private enterprises to gain commercial earning by using the privatization ground in education, and the suppression of the child by the norms of the current culture through education and the expectation of adaptation or the provision of a curriculum for this can create an intervention in the child's self or attitude of being himself/herself by destroying the individual expectations and originality of the child. For this reason, not seeing education as an element that liberates the individual spirit and a medium that gives the individual a chance to choose, and structuring individual preferences in a way that rumples the mind or directs individuals to various goals may cause the child to be abused in an educational sense

This article assesses the articulation of vital ethno-national interests and the use and abuse of veto rights in deeply divided societies. In consociational theory, veto rights represent the primary means by which ethnic groups defend their 'vital interests', though they are often criticized for rewarding extremism and producing institutional instability. Situating a case study of Northern Ireland in a comparative perspective, I consider two lines of veto practice: liberal vs corporate (i.e. who has veto rights?) and permissive vs restrictive (i.e. to what issue areas do vetoes apply?), to assess what political incentives, if any, they offer for moderation and stability. Drawing from a review of the legislative debates when a veto was enacted and on semi-structured interviews with members of the Northern Ireland Assembly, I argue that a permissive approach, in which groups can determine their own vital interests, can contribute to moderation, peace and stability in divided societies.