Suchergebnisse

This statement addresses the Board of Election Supervisors with regard to their careless practices with the Navajo Nation. The author of this statement cites ten examples of the Board abusing their positions by taking advantage of a small board and by offering payment for backing certain agendas. This author offers the suggestion of administrative rehabilitation. BIOGRAPHICAL NOTE: Raymond Nakai, a Navajo Indian, was born in 1918 in Lukachukai, Arizona, on the Navajo Reservation. Raymond Nakai is noted as being the first modern Navajo political leader serving as Chairman of the Navajo Nation from 1963-1971. As chairman, the issues most important during his tenure were self determination in Navajo Education, reservation unemployment, developing Navajo economy, further development of the tribal government and improving relations with the federal government and surrounding states. Nakai had much unprecedented success as Navajo Tribal Chairman: In 1967 the Navajo Nation Bill of Rights was created, in 1968 Navajo Community College opened being the first tribally controlled community college, the Tribal Scholarship Trust was developed, relations with off reservation natural resource companies began, he was supportive of religious freedom of the Native American Church on the Navajo Reservation. Raymond Nakai led an active personal and political life and was an innovative leader for the Navajo People. The Raymond Nakai Collection contains material documenting his activities as Chairman of the Navajo Nation from 1963 - 1971.

In France, general norms litigation is nowadays divided into two main groups, the actions for abuse of power directed against the normative acts and the control of constitutionality of the laws. Sharing a certain number of similarities, they are analyzed not only as "objective litigation", but also as "cancellation litigation". Thus, in order to fulfill their role, French constitutional and administrative judges must both, first, establish a norm-to-norm report and, if necessary, cancel the general legal act contrary to a superior legal norm. These similarities contrast with the different conditions in which the two judges of the Palais-Royal are called to judge. This permanent tension between the similarities they share and the different conditions in which they are called to judge makes the relationships between the role of the Constitutional Council and that of the abuse of power's judge oscillate between unity and duality. Precisely, the present comparative study, named "Abuse of legislative power and abuse of administrative power" after the study of Dean Vedel in the first numbers of Constitutional Council Review, aims to demonstrate that, as the stages of litigation progress, the approach of the Constitutional Council and that of the administrative judge get closer to the point of identifying. The inscription of this comparison in the framework of a theory of legal constraints allows us to show that if, in the search for abuse of power, the role of French constitutional and administrative judges is dominated by duality, it is, in the sanction of abuse of power, marked by a deep unity. ; En France, le contentieux des normes générales se décline aujourd'hui en deux ensembles principaux, le recours pour excès de pouvoir dirigé contre les actes réglementaires et le contrôle de constitutionnalité des lois. Partageant un certain nombre de propriétés, ces derniers s'analysent non seulement comme des « contentieux objectifs », mais également comme des « contentieux d'annulation ». C'est ainsi qu'afin d'accomplir ...

In France, general norms litigation is nowadays divided into two main groups, the actions for abuse of power directed against the normative acts and the control of constitutionality of the laws. Sharing a certain number of similarities, they are analyzed not only as "objective litigation", but also as "cancellation litigation". Thus, in order to fulfill their role, French constitutional and administrative judges must both, first, establish a norm-to-norm report and, if necessary, cancel the general legal act contrary to a superior legal norm. These similarities contrast with the different conditions in which the two judges of the Palais-Royal are called to judge. This permanent tension between the similarities they share and the different conditions in which they are called to judge makes the relationships between the role of the Constitutional Council and that of the abuse of power's judge oscillate between unity and duality. Precisely, the present comparative study, named "Abuse of legislative power and abuse of administrative power" after the study of Dean Vedel in the first numbers of Constitutional Council Review, aims to demonstrate that, as the stages of litigation progress, the approach of the Constitutional Council and that of the administrative judge get closer to the point of identifying. The inscription of this comparison in the framework of a theory of legal constraints allows us to show that if, in the search for abuse of power, the role of French constitutional and administrative judges is dominated by duality, it is, in the sanction of abuse of power, marked by a deep unity. ; En France, le contentieux des normes générales se décline aujourd'hui en deux ensembles principaux, le recours pour excès de pouvoir dirigé contre les actes réglementaires et le contrôle de constitutionnalité des lois. Partageant un certain nombre de propriétés, ces derniers s'analysent non seulement comme des « contentieux objectifs », mais également comme des « contentieux d'annulation ». C'est ainsi qu'afin d'accomplir ...

Organized by the United Nations in cooperation with the government of Sweden. ; Bound with: 1961 seminar on the protection of human rights in the administration of criminal justice. 1961. ; Mode of access: Internet.

"Appendix."--p. [16]-124. Includes Henry's memorial of Feb. 27, 1829, to the New York Legislature, together with assorted documents and correspondence. ; Checklist Amer. imprints ; Mode of access: Internet.

"Chronicling and analyzing resistance to the threat that autocracy poses to American liberal democracy, this book provides the definitive account of both Trump's efforts to erode democracy's essential elements and opposition to those efforts. This book is about the threat of autocracy, which antedated Donald Trump and will persist after he leaves the stage. Autocrats blur or breach the separation of powers, use executive orders to bypass the legislature, pack the courts, replace career prosecutors with political appointees, abuse the pardon power, and claim immunity from the law. They seek to hobble opposition from civil society by curtailing speech and assembly, tolerating and even encouraging vigilante violence, and attacking the media. As this book demonstrates, Trump followed the autocrat's playbook in many ways. He was a huckster of hate, aiming his vitriol at women and racial minorities, and making attacks on immigrants the focus of his 2016 campaign, as well as his first years in office. Nevertheless, his rhetoric and policies encountered widespread opposition - from religious leaders, business executives, lawyers and bar associations, and civil servants. His executive orders (on which he relied) were almost all struck down by courts: including the first two "Muslim bans," the detention of children and their separation from parents, the diversion of military funds to build the border wall, the insertion of a citizenship question in the Census, and limits on asylum. Just as Trump sought to weaponize the criminal justice system against his political opponents, so he manipulated it to defend his cronies, derailing some of their prosecutions. Trump also intervened in courts martial and criminal prosecutions of those convicted of war crimes in Afghanistan and Iraq, and those accused of desertion and terrorism. Again, however, there was resistance: as some career prosecutors withdrew from cases or resigned when subjected to political pressure and federal courts convicted all of Trump's allies- even though the president went on to use his unreviewable pardon power. This book, then, documents the abuses that are characteristic of autocracy, and assesses the various forms of resistance to them. This definitive account and analysis of Trumpism in action, as well as the resistance to it, will appeal to scholars, students and others with interests in politics, populism and the rule of law; and, more specifically, to those concerned with resisting the threat that autocracy poses to liberal democracy"--

Während sich die öffentliche Debatte über sexuellen Missbrauch weitgehend auf die Frage nach möglichen Entschädigungen für die Opfer konzentriert, bleiben für die wissenschaftliche Diskussion doch eine Reihe offener Fragen. Dies betrifft die Suche nach den Ursachen und organisatorischen Risikofaktoren für das Auftreten solcher Missbrauchsfälle ebenso wie die Identifikation geeigneter Maßnahmen zur Vermeidung und Prävention. Der Sammelband thematisiert nicht nur den Missbrauch von Kindern und Jugendlichen, sondern in einem weiteren Fokus auch die Frage von Macht und Machtmissbrauch in unterschiedlichen institutionalen Kontexten (wie etwa in Pflegebeziehungen, in Altenheimen, in Gefängnissen etc.).

von Klaus Westen ; Volltext // Exemplar mit der Signatur: München, Bayerische Staatsbibliothek -- 4 Z 68.247-1969,1/10

I will argue that in the administrative state, in contrast to classical constitutional theory, the abuse of government power is not something to be strictly minimized, but rather optimized. An administrative regime will tolerate a predictable level of misrule, even abuse of power, as the inevitable byproduct of attaining other ends that are desirable overall. There are three principal grounds for this claim. First, the architects of the modern administrative state were not only worried about misrule by governmental officials. They were equally worried about "private" misrule—misrule effected through the self-interested or self-serving behavior of economic actors wielding and abusing power under the rules of the 18th-century common law of property, tort, and contract. The administrative state thus trades off governmental and "private" misrule. Second, the rate of change in the policy environment, especially in the economy, is much greater than in the late 18th century—so much greater that the administrative state has been forced, willy-nilly, to speed up the rate of policy adjustment. The main speeding-up mechanism has been ever- greater delegation to the executive branch, accepting the resulting risks of error and abuse. Third, the costs of enforcing legal rules against executive officials are necessarily positive and plausibly large, in part because any institutional monitors created to detect and punish abuses must themselves be monitored for abuse. The architects of the administrative state believed that a government that always forms undistorted judgments, and that never abuses its power, will do too little, do it too amateurishly, and do it too slowly. In that sense, the administrative state constantly gropes towards an institutional package solution that embodies an optimal level of abuse of power.

American governance is burdened by a paradox. On the one hand, Americans don’t want "big government" meddling in their lives on the other hand, they have repeatedly enlisted governmental help to impose their views regarding marriage, abortion, religion, and schooling on their neighbors. These contradictory stances on the role of public power have paralyzed policymaking and generated rancorous disputes about government’s legitimate scope. How did we reach this political impasse? Historian Gary Gerstle, looking at two hundred years of U.S. history, argues that the roots of the current crisis lie in two contrasting theories of power that the Framers inscribed in the Constitution. One theory shaped the federal government, setting limits on its power in order to protect personal liberty. Another theory molded the states, authorizing them to go to extraordinary lengths, even to the point of violating individual rights, to advance the "good and welfare of the commonwealth." The Framers believed these theories could coexist comfortably, but conflict between the two has largely defined American history. Gerstle shows how national political leaders improvised brilliantly to stretch the power of the federal government beyond where it was meant to go—but at the cost of giving private interests and state governments too much sway over public policy. The states could be innovative, too. More impressive was their staying power. Only in the 1960s did the federal government, impelled by the Cold War and civil rights movement, definitively assert its primacy. But as the power of the central state expanded, its constitutional authority did not keep pace. Conservatives rebelled, making the battle over government’s proper dominion the defining issue of our time. From the Revolution to the Tea Party, and the Bill of Rights to the national security state, Liberty and Coercion is a revelatory account of the making and

Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional' A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era

This book, by two of the world's leading administrative law scholars, reimagines administrative law as the law of public administration by making its competence the focus of administrative law. Grounded in extensive interdisciplinary, historical, and doctrinal analysis, Fisher and Shapiro show why understanding both the capacity and authority of expert public administration is crucial to ensure the legitimacy and accountability of the administrative state. To address the current precarious state of administrative law, they support a new study of the administrative process by an Attorney Generals Committee on Administrative Procedure leading to a revised Administrative Procedure Act (APA). This book is a must-read for anyone interested in administrative law and its reform.

Introduction / Zoltan Szente and Konrad Lachmayer -- 1. Conceptualising the principle of effective legal protection in administrative law / Zoltan Szente -- 2. Effective legal protection in the Eropean legal order / Christoph Gorisch -- 3. Creating a European-wide standard of effective legal protection : the Eeuropean Convention on Human Rights / Marten Breuer -- 4. Effective legal protection in international law / Stephan Wittich -- 5. The principle of effective legal protection in Austrian administrative law / Ulrike Giera, Konrad Lachmayer -- 6. The principle of effective legal protection in Danish administrative law / SØREN HØJGAARD MØRUP -- 7. The effective legal protection in French administrative law / Sylvia Calmes-Brunet -- 8. The principle of effective legal protection in German administrative law / Diana Princess of Hohenlohe-Oehringen -- 9. The principle of effective legal protection in Hungarian administrative law / Fruzsina Gardos-Orosz and Istvan Temesi -- 10. The principle of effective legal protection in Italian administrative law / Fulvio Cortese -- 11. The principle of effective legal protection in administrative law in Lithuania / Jurgita Pauzaite-Kulvinskiene -- 12. Dilemmas and challenges of legal protection against administrative actions in the republic macedonia / Gordana Siljanovska-Davkova and Renata Treneska-Deskoska -- 13. The principle of effective legal protection in administrative law : the Netherlands / Karianne Albers, Lise Kjellevold and Raymond Schlossels -- 14. The principle of effective legal protection in Polish administrative law / Joanna Lemanska -- 15. Effective legal protection in administrative law in Slovenia Erik Kersevan -- 16. The principle of effective legal protection in Spanish administrative law / Angel Manuel Moreno -- 17. The principle of effective legal protection in the Swiss administrative law / Felix Uhlmann -- 18. The principle of effective legal protection in administrative law in the United Kingdom / Robert Thomas -- 19. The principle of effective legal protection in international and European law : comparative report / Konrad Lachmayer -- 20. The principle of effective legal protection in administrative law : a comparison / Zoltan Szente.