Administrative Action Research Articles

Judicial Control of Administrative Action in India through Writ of Quo-warranto

Abstract A comprehensive mechanism is available for judicial control of administrative action under the provisions of the Constitution of India, CPC, specific relief act etc. Firstly, it includes judicial review of administrative action under Articles 32 and 136 by the Supreme Court of India and under Articles 226 and 227 by the High Courts, Public Law Review and Private Law Review. Effective implementation of writ of quo-warranto is urgently needed as it is essential and significant to keep administration / public officials within their limits. Creation of an awareness claim of writ of quo-warranto is equally important. Quo-warranto is important to exercise control on public officials who are not performing their public duty reasonably and properly. It gives relief to the individuals against irregular administrative action. Writ of quo-warranto is crucial to keep administrative authorities within their limits which is the core object of administrative law. Indian judiciary has played crucial role in the effective implementation of writ of quo-warranto.

A Critical Study on Judicial Review in Administrative Action

Judicial Review can be understood as a form of court proceeding, usually in the Administrative Court where the lawfulness of a decision or action is reviewed by the judge. Where there is no effective means of challenge, judicial review is available. The concern behind Judicial Review is that whether the law has been correctly applied with and right procedures have been followed. In order to scrutinize the legitimacy of administrative action and the statutes, the Constitution of India has given influences to the Higher courts and the Supreme Court of India. To guard the rights of public and implement the fundamental rights are the main objects of judicial review. If any difficulty arises between State and Center relation, then Article 246 and the Schedule 7 of the Constitution has marked the working zone for the regulation construction between both State and Center. Judicial review plays an important role as a protector when the executive, judiciary and legislature harm the Constitutional values and deny the rights. The judicial assessment is considered as an indispensable feature in the country. In India, there is parliamentary form of democracy where every section of people is involved in decision making and policy making process. It is true that the primary duty of the court to apply rule of law and is the groundwork of social equality. By exercising new powers of Parliament, rule of law which is to be applied by the court cannot be modified. All those here, who are doing public duty, are accountable. They have to work within the democratic provisions of the Constitution of India. The concept of separation of power and rule of law is judicial review. The influence of judicial assessment has been so long under Articles 226 and 227 in case of High Court and Articles 32 and 136 of the Constitution of India for the review.If found unconstitutional, the following provision shall be made void. The most distinctive feature of the united states supreme court is its power of judicial review. As the guardians of the constitution the judiciary is that they can review the laws which may violate the constitution of the country

Norm and a Singular Administrative Act

Due to the terminological confusion and dispute in contemporary doctrine regarding the nature of singular administrative acts (Canons 35-95), the paper examines the interdependence between the canonical norm and this category of acts. The research goal is set in a broader context, as the issue of canonical norms and the normative system of the canonical legal order are examined synthetically. The author expresses the view that in relation to individual administrative acts it is inappropriate to use the term “norm”, but he considers it appropriate to use the category of “acts” in the sense of legal acts. This position is based on the following arguments: first, during the codification work, consultors did not use the category of “norm” but the category “singular administrative act”; secondly, the first chapter of the Code’s fourth title is “Common Norms” (Normae communes); in the name of the fourth title, “Singular Administrative Acts”, we find the term “acts”; thirdly, in the canonical system some acts (dispensations, privileges) are issued against or in addition to the law, being exceptions to general norm.

Решение о привлечении к административной ответственности как административный акт (на примере правовых систем России, Германии и Австрии)

The article deals with the qualification of decisions on the imposition of administrative penalties, which are made by non-judicial authorities, as administrative acts. An assertion is made that it is rather arbitrary whether such a decision is an administrative act or not, as in different legal systems, related though they are, such decisions are regarded differently. Legal regulations on this issue in Russian, German and Austrian law are described.

The ways of creating a trust

This article explores the ways of creating a trust, according to Article 2074 of the Civil Code of the Republic of Moldova. To shed light on the legislative inspiration and the distinct characteristics of various methods of establishment, a comparative analysis is conducted concerning the provisions outlined in Book X (Trusts) of the Draft Common Frame of Reference, as well as the Civil Codes of the Province of Quebec, France, Romania, and the Republic of Moldova. The discussion emphasizes the ways for voluntarily creating a trust, namely by contract, unilateral declaration, and will, all of which are comprehensively regulated. Additionally, the article addresses the mechanism of creating a trust through administrative act or court decision, situations that necessitate explicit legislative regulation before implementation. The paper also delves into the relationship between ‘law’ and ‘administrative act’ as sources of trusts, presenting a hypothesis that the legislator intentionally substituted this term in the legislation of the Republic of Moldova.

Модели принудительного исполнения административных актов

Administrative bodies, when making a decision on a certain issue, adopt an adinistrative act. However, its enforcement may encounter problems when an individual is unwilling to voluntarily comply with its requirements, even under the threat of sanctions. As a general rule, Russian legislation does not recognise administrative act as an executive document per se. Hence, the purpose of the study is the search for models and means of ensuring the execution of administrative acts in the shortest possible time without significant costs. In continental law, there are two approaches to determining the rules to enforce administrative acts execution. The first is the French approach. It is based on the fact that enforcement is ensured by measures of responsibility. In case of refusal or evasion by a person, the administrative body must go to court to obtain an executive document and subsequently initiate enforcement proceedings. The German approach recognises administrative acts as the force power for an executive document. Under these conditions, the administrative body can avoid the judicial stage. However, as French judicial practice shows, compulsory execution of an administrative act is possible without involving the judicial system in this process. These are cases of urgent or exceptional circumstances (any disaster or military action). Therefore, Russian doctrine and practice can pay attention to the French approach. This will ensure the achievement of legitimate goals without significantly complicating procedures and will maintain law and order.

Effects of Subchronic Buspirone Treatment on Depressive Profile in Socially Isolated Rats: Implication of Early Life Experience on 5-HT1A Receptor-Related Depression.

The heterogeneity of etiology may serve as a crucial factor in the challenges of treatment, including the low response rate and the delay in establishing therapeutic effect. In the present study, we examined whether social experience since early life is one of the etiologies, with the involvement of the 5-HT1A receptors, and explored the potentially therapeutic action of the subchronic administration of buspirone, a partial 5-HT1A agonist. Rats were isolation reared (IR) since their weaning, and the depressive profile indexed by the forced-swim test (FST) was examined in adulthood. Nonspecific locomotor activity was used for the IR validation. Buspirone administration (1 mg/kg/day) was introduced for 14 days (week 9-11). The immobility score of the FST was examined before and after the buspirone administration. Tissue levels of serotonin (5-HT) and its metabolite 5-HIAA were measured in the hippocampus, the amygdala, and the prefrontal cortex. Efflux levels of 5-HT, dopamine (DA), and norepinephrine (NE) were detected in the hippocampus by brain dialysis. Finally, the full 5-HT1A agonist 8-OH-DPAT (0.5 mg/kg) was acutely administered in both behavioral testing and the dialysis experiment. Our results showed (i) increased immobility time in the FST for the IR rats as compared to the social controls, which could not be reversed by the buspirone administration; (ii) IR-induced FST immobility in rats receiving buspirone was corrected by the 8-OH-DPAT; and (iii) IR-induced reduction in hippocampal 5-HT levels can be reversed by the buspirone administration. Our data indicated the 5-HT1A receptor-linked early life social experience as one of the mechanisms of later life depressive mood.

Research on Judicial Review of Manifestly Improper Administrative Acts

Research on Judicial Review of Manifestly Improper Administrative Acts

EU Administrative Decision-Making Delegated to Machines – Legal Challenges and Issues

Increasing computing power, the constant development of different types of digital tools or even the use of AI systems – they all provide the EU administration with an opportunity to use automated decision-making (ADM) tools to improve the effectiveness and efficiency of administrative action. At the same time, however, the use of these tools raises several concerns, issues or challenges. From a legal perspective, there is a risk of compromising or reducing the accountability of public actors. The use of new technologies in decision-making may also affect fundamental values and principles of the EU as a whole. Automation, the use of large amounts of data and the extremely rapid processing of such data may affect or jeopardise the rights of individuals protected by EU law, including the fundamental rights guaranteed by the EU Charter. In order to keep administrative action within the limits of the law and to guarantee the rights of individuals, it is necessary to keep an eye on the various legal challenges associated with these phenomena. This article looks at three inter-connected levels of automated decision-making – the data, the ADM tool and the way it is programmed, and the output and its reviewability – and presents the legal issues or challenges associated with each of these levels.

The administrative act issued by a person without competence

In order to be issued, administrative acts must come from persons with competence, which gives them the right to adopt or sign such documents. The issue under consideration in this article concerns both unilateral administrative acts and collective administrative acts. The legal force of an administrative act is given by the competence conferred by law to the collective body entitled to adopt that document or to the civil servant to whom such competence is conferred by law. In the case where either the collective body that will adopt the administrative act or the civil servant having such competence acts on the basis of a mandate that is limited in time, their competence shall be attributed only for the duration of that mandate. Any administrative act adopted, issued, signed by a collective body or by a public official outside the time covered by the aforementioned mandate, respectively after its expiry, is unlawful and therefore struck by absolute nullity. Although resolving these issues does not pose any particular problems, in practice the courts have proposed contradictory solutions, which generated this study.

Driving under the influence of psychoactive substances.„Influence” an issue in judicial practice?

"At the end of the 19th century, the punitive celebration disappears, punishment becomes the most hidden part of the criminal process, leaving the domain of everyday perception to enter in abstract consciousness," recorded Michel Foucault in his famous work "Discipline and Punish: The Birth of the Prison" (Foucault, 1997). Therefore, it tends to a change of paradigm, it is desired that the effectiveness of the punishment is not the product of its visible intensity, but of the high degree of certainty. Metamorphosed from a theatrical act (often violent and public) into an administrative act, hidden from the eyes of citizens, criminal policy had to be adapted to encompass the new valence of the act of justice. One of the main means of punitive efficiency by referring to the abstract consciousness is that of the punishment limits that the legislator adjusts according to the criminal phenomenon, aiming both at an inhibitory, repressive and educational effect. It has often been assumed that the criminal recrudescence is due to low sentencing limits, and thus increasing the sentencing limits has been considered to fight all crime, omitting the adaptation of the entire legal norm to contemporary realities. Even the judicial act was not spared from this approach, although the scientific processes evolved and the probation together with them, in the face of a rigid legal norm, the judicial practice refuses to adapt to the new reality. Against the background of a national hysteria due to the scourge of drugs, legal arguments take precedence over scientific arguments.

Balancing Governance and Rights: The Interplay Between Constitutional and Administrative Law

This paper explores the intricate relationship between Constitutional and Administrative Law and their combined impact on the governance and administrative capacity of a state. It delves into the foundational principles of Constitutional Law, such as the separation of powers, the rule of law, and the protection of fundamental rights, which provide the framework for democratic governance and the safeguarding of individual liberties. Concurrently, it examines the Administrative Law framework, focusing on the regulatory powers and procedural mechanisms that govern the activities of administrative agencies. A significant portion of the analysis is dedicated to the dynamic interplay between these two branches of law, emphasizing how constitutional mandates guide administrative actions and ensure adherence to principles of justice, equity, and transparency. The discussion extends to the mechanisms of legislative oversight, executive control, and judicial constraints, highlighting their roles in maintaining a balance between efficient governance and the protection of individual rights. Through this comprehensive examination, the paper sheds light on the essential balance that must be struck to ensure that governance mechanisms are both effective and respectful of the constitutional values that underpin democratic societies.

Victimized Teachers’ Perceptions of Procedural Justice and the Impact on Satisfaction with School Responses

ABSTRACT Victimization of teachers is an area of growing concern for administrators and policymakers. Recent research has increased the understanding of the prevalence and negative consequences of teacher victimization; however, one gap in the literature involves understanding the quality of treatment when victimizations are reported to school administrators. The present research attempts to fill the gap by applying procedural justice theory to understand how elements of school responses to victimization events affect teachers’ satisfaction with the process. Data from teachers among 50 largest school districts across the nation were used to identify 636 theft, sexual harassment, and physical assault incidents reported to school administration. Teachers’ satisfaction with the school response was modeled using measures derived from distributive and procedural justice theoretical frameworks applied to administrator actions. Results indicate that procedural justice is an important dimension of school response and influential on teachers’ reported satisfaction with how victimization events were handled.

Are Democrats or Republicans better for the Iraqi Kurds?

AbstractThis piece offers an introduction to US foreign policy toward the Iraqi Kurds since the First World War by dividing that policy into seven discernible stages—from Wilson's Fourteen Points to the actions of the Trump administration. In doing so, I query whether the existence of US foreign policy toward the Kurds has been more active and supportive during Democratic Party administrations or Republican Party administrations. Are there any clear indications as to which party has been better for the Iraqi Kurds? Or is US foreign policy toward the Iraqi Kurds unequivocally dependent on regional dynamics and US interests, not on which political party is governing or the values they espouse? The central argument is that American policy toward the Iraqi Kurds has mostly been dependent on changing regional dynamics, particularly on the changing nature of the United States relationships with Iraq, Turkey, Iran, and Syria, and this does not seem to be affected strongly by which US party holds the presidency. Perhaps counter‐intuitively, there is no evidence to suggest the Democrats have been better for the Iraqi Kurds than the Republicans. While some of the most significant setbacks for the Kurds occurred during Republican administrations, their two most essential political achievements were also during Republican administrations.

A study of the decentralised administrative arrangements between the central and local governments in Bangladesh during the COVID-19 pandemic crisis

PurposeDecentralised administrative arrangements and the active function of local government organisations are essential to tackle crisis effectively. Using Bangladesh as a case study, this paper examines the central and local government administrative arrangements during COVID-19 pandemic.Design/methodology/approachThis study applies qualitative content analysis and interviews to explore the local government’s role in Bangladesh’s COVID-19 management by interviews of 18 participants including government officials, experts, non-government organisations (NGOs) representatives, and the general public. This paper also analysed academic papers, policy documents and other publicly available documents, including newspaper reports.FindingsThe Constitution of Bangladesh intensified the active participation of local government in each administrative unit through decentralised administrative management. This paper however reveals that the administrative arrangement during the COVID-19 pandemic in Bangladesh was primarily a centrally led system. The local government was not sufficiently involved, nor had it integrated into the planning and coordination process. This indicated the absence of active decentralised administration.Originality/valueThis study fills the research gap of the administrative pattern and local relations in COVID-19 management by exploring the local government’s role during the catastrophic situation and highlights the importance of decentralised administrative actions in managing the crisis.

PROMOTING ADMINISTRATIVE JUSTICE FOR PRESIDENTIAL PARDONS IN SOUTH AFRICA

The President’s power to grant pardons, remit fines, penalties or forfeitures and the nature of the accountability for the exercise of such power remains unclear. The question of accountability relates to whether the President has a constitutional obligation to disclose the reasons for his decision. The nature of the power is broadly formulated and should undergo reform to enhance the attendant accountability. Over the years, there were debates on whether the granting of pardons constitutes administrative action in terms of the Promotion of Administrative Justice Act (PAJA). Because it is a power that potentially has an adverse effect on rights enshrined in the Bill of Rights, it is submitted that it should be construed in terms of PAJA. Similarly, the role of Parliament in exercising oversight over the process is unclear and inadequate. The article submits that the President should exercise the power together with the relevant Cabinet Minister, and subject to legislative endorsement.

The issue of legal regulation of administrative procedures on the example of foreign countries

The article deals with the issue of legal regulation of administrative procedures on the example of foreign countries. The standards of the administrative procedure regarding the adoption of administrative decisions, i.e. decisions of public administration bodies, which concern the rights and obligations of individuals and legal entities, are considered. The content and peculiarities of legal regulation of administrative procedures in foreign countries, the scope and subject of legal regulation through the prism of the legislation of foreign countries on administrative procedures are outlined. Various approaches to determining the scope, content and methods of its legal regulation are analyzed.
 Attention is focused on the specifics of managerial activity, which must take effective measures in a timely manner in a wide variety of situations, forming the boundaries and restrictions necessary in the rule of law. The types of entities to which administrative procedures apply have been considered.
 The rights and obligations of administrative bodies regarding the preparation and adoption of an administrative decision are defined. Features of appeals by individuals and legal entities, definition of sub-agency category of cases are outlined. The types of decisions made by the administrative body are classified. Emphasis is placed on informing persons whose interests may be affected by an administrative act.
 The grounds for removing officials considered biased are outlined. The rights of citizens participating in the administrative procedure are considered separately.

Efficacy of Dispensations Granted Without a Just Cause and under the Influence of Error, Deceit and Force

Dispensation is one of the fundamental institutions which are typical of ecclesiastical law. It has been ordered and disciplined with much precision by the canonical doctrine, grown within the canonical system, and is ever modified and perfected by canonical legislations. Canon 85 of the 1983 Code defines this institution as a singular administrative act, granted by those enjoying executive power, whose main objective is to mitigate the vigor of a merely ecclesiastical law in a particular case for the spiritual benefit of the faithful. It is not an instrument of administering justice but an instrument of prudent administration. At times, there can be abuse of this canonical institution by the competent authorities themselves, or by the subjects requesting dispensation. This article, in order to help the people of God and the competent ecclesiastical authorities to appreciate the value of the canonical institution of dispensation within the canonical system, sets out to defend the need of a just cause, and to caution the Christian faithful from seeking dispensations on the basis of deceit, force or under the influence of grave fear.

DPP-4 inhibitors sitagliptin and PF-00734,200 mitigate dopaminergic neurodegeneration, neuroinflammation and behavioral impairment in the rat 6-OHDA model of Parkinson’s disease

Epidemiological studies report an elevated risk of Parkinson's disease (PD) in patients with type 2 diabetes mellitus (T2DM) that is mitigated in those prescribed dipeptidyl peptidase 4 (DPP-4) inhibitors. With an objective to characterize clinically translatable doses of DPP-4 inhibitors (gliptins) in a well-characterized PD rodent model, sitagliptin, PF-00734,200 or vehicle were orally administered to rats initiated either 7-days before or 7-days after unilateral medial forebrain bundle 6-hydroxydopamine (6-OHDA) lesioning. Measures of dopaminergic cell viability, dopamine content, neuroinflammation and neurogenesis were evaluated thereafter in ipsi- and contralateral brain. Plasma and brain incretin and DPP-4 activity levels were quantified. Furthermore, brain incretin receptor levels were age-dependently evaluated in rodents, in 6-OHDA challenged animals and human subjects with/without PD. Cellular studies evaluated neurotrophic/neuroprotective actions of combined incretin administration. Pre-treatment with oral sitagliptin or PF-00734,200 reduced methamphetamine (meth)-induced rotation post-lesioning and dopaminergic degeneration in lesioned substantia nigra pars compacta (SNc) and striatum. Direct intracerebroventricular gliptin administration lacked neuroprotective actions, indicating that systemic incretin-mediated mechanisms underpin gliptin-induced favorable brain effects. Post-treatment with a threefold higher oral gliptin dose, likewise, mitigated meth-induced rotation, dopaminergic neurodegeneration and neuroinflammation, and augmented neurogenesis. These gliptin-induced actions associated with 70–80% plasma and 20–30% brain DPP-4 inhibition, and elevated plasma and brain incretin levels. Brain incretin receptor protein levels were age-dependently maintained in rodents, preserved in rats challenged with 6-OHDA, and in humans with PD. Combined GLP-1 and GIP receptor activation in neuronal cultures resulted in neurotrophic/neuroprotective actions superior to single agonists alone. In conclusion, these studies support further evaluation of the repurposing of clinically approved gliptins as a treatment strategy for PD.

THE REQUIREMENTS AND THE DEFECTS RELATED TO PRESENTING THE SIDE OF AN ADMINISTRATIVE DECISION

The subject of the article are considerations related to presenting the side of an administrative decision. The aim of the article was to present the requirements related to them and the defects resulting from their failure to comply. “Presentation the side of an administrative decision” was treated in a broader context. Not only as an indication (presentation) of the party in the content of the decision, but as the result of the process of determining the status of the party in the administrative proceedings. Therefore, not only the requirements and defects of a linguistic nature were presented, but above all the requirements resulting from the essence of the administrative act and related to the correct identification of the party to the proceedings, as well as defects resulting from failure to comply with these requirements. The starting point of the considerations is the obligation to present the side of an administrative decision as a consequence of the essence of the administrative act and its inextricable connection with the subject of general administrative proceedings. The defectiveness of a party’s marking in a decision may take various forms and give rise to various consequences. For example, errors in this area may be treated as unimportant and require at most correction. They may also constitute a defect requiring removal by declaring the decision invalid, or even lead to the decision being considered non-existent. The analysis conducted indicates that in court decisions, violations related to the designation of a party are a frequent subject of decisions. This article is an attempt to sort out the requirements and defects related to the „identification of the party” of the decision understood in this way.