Suchergebnisse

Last term, in Federal Communications Commission (FCC) v. Fox Television Stations, the Supreme Court expressly refused to link ordinary administrative law to constitutional concerns, insisting that whether an agency action is "arbitrary and capricious" and whether it is unconstitutional are separate questions. In this article, I argue that Fox is wrong. The Court's protestations aside, constitutional law and ordinary administrative law are inextricably linked, with the result that a fair amount of ordinary administrative law qualifies as what Henry Monaghan famously termed constitutional common law. Its doctrines and requirements are constitutionally informed but rarely constitutionally mandated, with Congress and agencies enjoying broad power to alter specific administrative mechanisms notwithstanding their constitutional aspect. Recognizing the interrelationship between constitutional law and ordinary administrative law is important both for the ongoing debate over the legitimacy of constitutional common law and for proper appreciation of the role administrative agencies can play in our constitutional order. Underlying many attacks on constitutional common law is a view of constitutional law as having a narrow and determinate scope, but the interwoven relationship between ordinary law and constitutional law in the administrative law context suggests this view of constitutional law is a false one. In addition, seeking to enforce constitutional norms through ordinary administrative law better accords with constitutional principles than efforts to segregate out the two and is likely to prove less intrusive to the policymaking prerogatives of the political branches. As a result, the better critique is not the extent to which constitutional common law surfaces in administrative contexts, but rather the lack of transparency that accompanies it.

In twenty-first-century international relations, the telling of stories is as important an instrument of national power as are military strength or economic prowess. Geared not towards coercion or inducement but rather drawing on the forces of attraction and persuasion, such practices can be attributed to the realm of soft power, which plays a key role in today's great-power politics. Starting from these premises, the article explores the role of memory and its relation to soft power. By way of an empirical example, it argues that the recourse to and utilisation of memory constitutes a crucial component in China's quest for global power. In so doing, the article first establishes a conceptual bridge between soft power and memory in international relations. Subsequently, by taking into account contemporary empirical evidence, it identifies and discusses two select narratives – colonialism and tianxia – as core components of Chinese mnemonic soft power. (JCCA / GIGA)

English administrative law guards judicial supremacy over all matters of statutory interpretation, while instructing judges to refrain from scrutinizing administrators' factual findings. By contrast, American federal courts are obliged to respect agencies' statutory-interpretive autonomy, but take a rigorous "hard look" at substantial agency factual determinations. This Article argues that the antithetical approaches to judicial review of administrative action adopted by the apex courts of the United Kingdom and the United States can be adequately explained by the polarization of these two polities along a spectrum of effective vetogates. ; published_or_final_version

A decision on interpretation issued in 2020 by the High Court of Cassation and Justice established that legal persons under private law cannot directly invoke in administrative court the infringement of a public interest, as they would replace the prosecutor, whose mission is to protect the general interests of the society and to defend the rights and freedoms of the citizens. The political parties are persons under public law. Can a political party act against an authority (most often a political opponent) in order to protect the general interests and to defend the rule of law, as well as the rights and freedoms of the citizens?

The article is devoted to examining the administrative, legal and practical issues of Ukraine's participation in UN international peacekeeping operations. It is established that Ukraine, as the founding state of the UN, began to participate in peacekeeping operations only after the proclamation of independence in 1992. The author notes that the history of the formation in Ukraine of the administrative and legal basis of peacekeeping activities begins on July 3, 1992 with the adoption by the Verkhovna Rada of Ukraine of Resolution no. 2538-XII "On the participation of the battalions of the armed forces of Ukraine in the UN peacekeeping operation in the conflict zones on the territory of the former Yugoslavia". It is also noted that Ukrainian contingents have been involved in UN peacekeeping operations. It is noteworthy that today Ukraine itself needs assistance in resolving the conflict in the east of the country through international peacekeeping measures in connection with a violation of its territorial integrity by a permanent member state of the UN Security Council.

The present article seeks to discern the criteria or the quality of research, formulated and accepted within the scholarly community of the humanities. We argue that the scholars implicitly use these criteria opposing administrative evaluation. The analysis of these criteria revealed that they might be summarized in three broad categories – the novelty (originality, innovativeness) of the research; the excellence of the researcher (ability to conduct and describe the research); and the impact (academic as well as social-political). We argue that relevant criteria for the administrative evaluation of research in the humanities should draw on these perspectives.

Contents -- 1. Approaches to Administrative Law -- 2. The Integration of the Principles into English Law -- 3. Legitimate Expectations -- 4. Proportionality (I): European Doctrine and English Debate -- 5. Proportionality (II): Future Development -- 6. Conclusion

Defeating the rule of law in the administrative justice system : executive branch strategies and tactics -- Administrative justice : getting the context and terminology clear, the concepts straight, and the prescription right -- Administrative judicial tribunals : the inside story -- Prelude to reform -- The reform proposal -- Implementing the reform proposal : a strategy for change -- Meanwhile, a toolkit for litigators.