Administrative Decisions Research Articles

The Contested Value of Life.

Putting a specific value on human life is important in many contexts and forms part of the basis for many political, administrative, commercial, and personal decisions. Sometimes, the value is set explicitly, sometimes even in monetary terms, but much more often, it is set implicitly through a decision that allows us to calculate the valuation of a life implicit in a certain rule or a certain resource allocation. We also value lives in what looks like a completely different way when we evaluate whether a particular life is being or has been lived well. Both of these ways of valuing are done from an outside or third-person perspective, but there is also a third way of valuing a life which is from the first-person perspective, and which essentially asks how much my life is worth to me. Is there any connection between these different ways of valuing life, and if so what is the connection between them? This paper provides an account of John Harris' analysis of the value of life and discusses whether it can bridge the gap between first-person and third-person evaluations of the value of life, and whether it can do so in a way that still allows for resource allocation decisions to be made in health care and other sectors.

Juridical Study on the Cancellation of Land Certificate by Proof of Power Endorsement in the Review of Law No. 5 of 1960 concerning the Basis of Agrarian Law (study of decision No. 3/G/2021/PTUN. BDG)

This study discusses the cancellation of land ownership certificates based on evidence of verponding eigendom (BEV) in the framework of Indonesian Law, especially by Law No. 5 of 1960 concerning Agrarian Principles. The study aims to explore the legal basis, procedures, and implications of cancelling land certificates when administrative defects or court decisions have permanent legal force. The research method used is normative juridical with a descriptive approach, analyzing the Rule of Law and the case of Decision Number 3/G/2021/PTUN case. BDG. The study results show that the certificate can be cancelled if administrative, legal defects or the ratification of power are not by the procedure. In addition, court decisions have an essential role in determining the validity of certificates. The implications of this study show the importance of strengthening land administration in the National Land Agency (BPN) to increase legal certainty for landowners and reduce the potential for ownership conflicts in Indonesia.

Approaching a substantive theory of moral reckoning in special education leadership: Innovative grounded theory methods using extant data on principals

This original grounded theory research addresses leading for inclusion within the context of special education services and the educative outcome of equity as a moral aim of schooling in the United States. We pinpoint the critical positionality of the principalship in realizing both the letter and spirit of special education law in the US and its consequent practice. Through a secondary analysis of extant qualitative data, we examine dis/ability in schooling and administrative decision making in the day-to-day reality of implementation and present a working substantive theory of moral reckoning for special education leadership. Principals’ thinking and professional praxis revealed the existence of varying layers of ethical deliberation, ranging from surface appraisals, partial judgments, and conflicting calculations to deep, soul-searching deliberation. We conclude with recommendations for future research and practice.

Problematika Kepatuhan Pejabat Tata Usaha Negara dalam Eksekusi Putusan Pengadilan Tata Usaha Negara

The regulation of the execution of State Administrative Court (TUN) decisions in Law Number 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 on State Administrative Court does not include a mechanism for executing TUN decisions, which in practice has caused many problems that undermine legal certainty and justice for the public. The focus of the writing is to provide an understanding to the public about the urgency of implementing execution in administrative court decisions. The main issues include two aspects: the obstacles faced by administrative officials in executing administrative court decisions, and solutions to address the compliance problems of administrative officials in executing administrative court decisions. The research method used is a normative research method. The research findings indicate that the obstacles in the implementation of TUN Decisions are due to the non-compliance of TUN officials and the lack of enforcement power for TUN decisions. The solution to address the compliance issues of TUN officials in executing TUN Decisions is to file a maladministration complaint with the Indonesian Ombudsman to exert pressure and revise the PTUN law to provide enforcement measures against the relevant TUN officials.

Research about the Regulation of Environmental Administrative Penalty Discretion

With the rapid development of China’s social economy, environmental problems have become increasingly prominent. The construction of ecological civilization has become the focus of China’s socialist modernization construction. In the face of increasing environmental risks, it is difficult to regulate the exercise of environmental administrative penalty discretion and increase the difficulty of implementing environmental administrative penalty decisions due to the limitations of legislative regulation, negative judicial regulation and weak administrative regulation. Based on the basic theory of discretion in environmental administrative punishment, this paper analyzes the function of discretion in environmental administrative punishment, clarifies the necessity and principle of discretion in environmental administrative punishment, and puts forward the regulation path.

Patient experiences of treatment-resistant depression (TRD): A systematic review and qualitative meta-synthesis

Treatment-resistant depression (TRD) occurs when depressive symptoms persist after a patient has tried at least two antidepressants at an appropriate dose for an adequate length of time, as judged by their clinician. Understanding what it is like to live with and seek care for TRD can inform treatment planning and contribute to health technology assessments for depression-related therapies. Our objective was to systematically review this evidence through an investigation of qualitative literature about the experiences of people who have TRD. We searched MEDLINE, CINAHL, PsycINFO, and the Web of Science Core Collection. Publications eligible for inclusion were English-language primary empirical qualitative studies or the qualitative component of mixed methods studies examining adults’ experiences with TRD or with specific treatment options for TRD. Two reviewers independently screened and extracted data, as well as critically appraised included studies using the Standards for Reporting Qualitative Research (SRQR) instrument. This review was guided by integrative meta-synthesis. Data analysis consisted of a staged coding process similar to grounded theory. The protocol was registered in PROSPERO prior to the search (record ID: CRD42022356813). Sixteen studies were included from screening 18,568 results. Two studies focused on the overall experience of TRD and 14 explored experiences of specific treatments such as ketamine. Patients described the depressive symptoms they experienced, a sense of futility and desperation to find an effective treatment, and their experiences with new, sometimes experimental, therapies including deriving benefits beyond the clinical. Overall, few studies have examined the patient experience of TRD, reflecting the clinical complexity of this patient population. As most literature coalesced around experiences of specific treatments, greater examination of the overall experience of TRD is needed to inform clinical practice, and administrative and funding policy decisions for interventions that may be effective for this patient population. PROSPERO registration number: CRD42022356813.

Taxpayer's Obligation to Collaborate in Investigations Focusing on Three Administrative Court Decisions

Taxpayer's Obligation to Collaborate in Investigations Focusing on Three Administrative Court Decisions

Terminal efficiency of Peruvian university students in the second specialty programs of a dental school over seven years

Background Concerns regarding academic efficiency at the postgraduate level in university programs require attention from those responsible for making university administrative decisions. This study aimed to determine the terminal efficiency of Peruvian university students enrolled in second specialty programs in a dental school over seven years. Methods This cross-sectional study considered all records of documents submitted for obtaining a title of second professional specialty in the programs offered by a dental school, published in its institutional repository between 2017 and 2023. The study variable was terminal efficiency (TE), considered both as a quantitative and qualitative variable. Additionally, some covariates were included, such as the year of formal document submission, the mode of document preparation, the second professional specialty in dentistry, and sex. Descriptive analysis was conducted to obtain absolute and relative frequencies. Bivariate analysis was performed using Chi-square, Mann-Whitney U, and Kruskal-Wallis tests. Results From the evaluation of TE between 2017 and 2023, it was observed that 72.09% (n=186) of students with a document submitted for obtaining a title of second professional specialty and published in the repository had a TE categorized of “Up to 1 year”. Likewise, the mean TE was 0.95 years (SD=1.25), with a statistically significant difference (p<0.001) between medians when evaluated based on the year of formal document submission and the dental specialty program. Conclusion The mean terminal efficiency of Peruvian university students in second specialty programs in a dental school over seven years was 0.95 years.

Judicial control cause and causation in the United Arab Emirates

Judicial control in administrative law has become a necessity in administrations. Given the significant role it plays in confronting illegal activities and preserving property, money and the security of individuals in society. This research aims to introduce judicial in the United Arab Emirates and discuss the relationship between cause and causation.The descriptive analytical approach was used to study the research problem.the research conclude that cause and causation the most important element that enables the judiciary control the legality of the administration’s decisions. It is of great importance safeguards to protect individuals from abuse of administration by informing the person concerned of the reasons for making the decision, since the administration, in exercising its powers, must respect the set of legal rules established for it in the State.the research recommend that the competent authorities to make causation an essential part of the cause and a failure to render administrative decisions null and void in order to ensure transparency and to affirm the rule of law, with the exception of acts of supreme sovereignty, in order to preserve the supreme interest of the State.

4.X.1. Health literacy policies – how can they be developed and implemented?

Abstract In Europe and beyond, there is political recognition of health literacy being an important factor for good health and well-being. As health literacy is considered critical to achieving health and as limited health literacy is still a widespread phenomenon, the topic is steadily attracting more attention among policy and decision makers. To meet growing demand from decision makers, a policy guide was initiated by M POHL, the World Health Organization (WHO) Action Network on Measuring Population and Organizational Health Literacy. The guide aims to support awareness-raising, the building of commitment and the implementation of effective policies to improve health literacy. It mainly addresses decision-makers in health policy and administration, but may also inspire researchers and other relevant stakeholders in the health literacy area. Objectives of the workshop This skills building seminar seeks to contribute to capacity building and to offer time for exchange and discussion on health literacy policy work. More specifically, the objectives of the workshop are to: - provide an overview on national health literacy policy implementation; - increase the knowledge of participants on what countries are doing already and identify needs for further support; - support participants in reflecting, initiating, developing and implementing effective measures to improve population and organizational health literacy. Methods of the workshop The workshop will start off by a presentation introducing the guide “Health literacy policies - how can they be developed and implemented?’ and sharing some national experiences in implementing health literacy policies, strategies, and interventions. After these impulses attendees will be divided into groups to enable exchange. A checklist for self-assessment will be provided as a tool to guide the discussion and to identify and address potential challenges in implementing health literacy policies and interventions. The input and identified needs will be captured. They will support M-POHL’s continuing efforts to support policy makers and administrators in their work. Key messages • Health literacy is steadily gaining more interest from policy- and decision-makers. • In this seminar, participants will learn on how evidence-informed policies and practice can be supported.

The case study of acquiring the repository of archival documents (1989–1993) on Chernobyl disaster mitigation efforts in Kaluga Region

The authors discuss the findings of the study of documents of 1989-1993 issued by the executive authorities and preserved in the State Archive of Kaluga Region. The purpose of the study is building the electronic archive of the documents related to Chernobyl disaster mitigation efforts on the contaminated territories. The research method of data analysis was applied. As a result of the accomplished study, the document repository was established to preserve the most significant materials related to the recovery of radiation contaminated lands of Kaluga region. The documents for the conversion into electronic formats were selected by criteria of the relation to the actual mitigation efforts. The study findings may be applied to analyze administrative decisions on various stages of execution, in particular, to assess the impact of statement of controlled radiation contaminated areas and disruption of the existing economic set-up.

Legitimacy and Limits of Administrative Power in the Big Data Era

The advent of the big data era has profoundly transformed the exercise of administrative power, enhancing the efficiency and accuracy of administrative decisions while simultaneously posing challenges to legitimacy and the potential for abuse of power. This study examines the impact of big data technology on administrative power, systematically analyzing the foundations and limits of administrative power's legitimacy. It explores how to achieve a balance between legitimacy and limits of administrative power in the context of big data. By examining the intersection of traditional theories of power legitimacy and big data technology, the study proposes strategies for enhancing transparency in administrative decisions, strengthening public participation, and promoting inter-departmental cooperation. It also looks forward to innovative paths for exercising administrative power in the future. The results of this study are significant for both administrative management practices and theoretical development in the big data era.

The Impact of Administrative Decisions on Commercial Freedom in Saudi Arabia: A Legal Study

This legal study examines the impact of administrative decisions on commercial freedom in Saudi Arabia, exploring the intricate relationship between regulatory frameworks and business operations. The research analyzes the historical context of commercial freedom in the kingdom, tracing its evolution from traditional practices to the current legal landscape. It delves into the constitutional provisions and relevant legislation that shape administrative decision-making processes affecting commercial activities. Through case studies, the study illustrates practical implications of administrative decisions on various aspects of business operations, including visa regulations, residence permits, zoning laws, and regulatory compliance. The research identifies key challenges to commercial freedom, such as regulatory barriers and administrative obstacles, while also highlighting opportunities for enhancement, including improved transparency and modernized regulations. The study emphasizes the crucial roles of key stakeholders - government, private enterprises, and civil society organizations - in shaping commercial freedom. It proposes recommendations for reform, focusing on legislative changes, institutional improvements, and fostering an entrepreneurial culture. While acknowledging Saudi Arabia's progress in developing its commercial legislation and regulatory system, the research identifies areas for improvement. It concludes that the kingdom's efforts to balance regulatory oversight with business needs, coupled with its economic diversification goals, suggest a positive trajectory for commercial freedom. However, success depends on continued reform, stakeholder engagement, and adaptation to global economic trends while respecting local cultural and religious values. This study provides valuable insights for policymakers, business leaders, and researchers interested in understanding and enhancing commercial freedom in Saudi Arabia.

Towards effective web-based learning: An investigation of the management of learning management system at a university of technology

The effectiveness of web-based learning has garnered significant attention in the global educational landscape, with numerous studies providing invaluable insights to transform education through technology. These research endeavors have generated theoretical frameworks that underpin the implementation and utilization of technology for educational enhancement. However, despite the remarkable contributions of these studies, concerns persist regarding the adept management of web-based Learning Management Systems (LMS). Hence, this paper addresses this critical concern by conducting an analysis of LMS management at a South African University of Technology. Utilising a mixed-methods approach, this study combines qualitative interviews with lecturers and quantitative analysis involving students to comprehensively assess the management of web-based LMS. By triangulating these diverse data sources, this research offers a holistic perspective on LMS management, thereby enriching the understanding of this multifaceted field. The findings of this study indicate that the University of Technology has made significant strides in adopting and implementing web-based learning technologies via Think Learn Zone (TLZ) Moodle platform. However, certain challenges were identified. Notably, inconsistencies in lecturer training, concerns about accessibility, and the demand for enhanced technical support for students. Moreover, the study highlights that while the LMS serves as a pivotal tool for disseminating educational content, its effectiveness hinges on the synergy between administrative decisions and faculty practices.

Principles of the administrative process: theoretical basics and law enforcement

The article is devoted to issues of the content of the principles of the administrative process in modern administrative law. Attention is drawn to the fact that the study of the principles of the administrative process is extremely relevant for ensuring effective public administration. It is noted that the principles of the administrative process are the foundation on which the activities of executive authorities, local governments, and other state bodies are based. They define the framework and standards that public authorities must adhere to when making decisions and performing administrative functions and obligations. It is concluded that the study of these principles allows identifying problematic aspects and suggesting ways of their improvement, which contributes to increasing the efficiency of public administration. It is suggested that the principles of the administrative process should be understood as the main guiding ideas and provisions that determine the order and rules of administrative proceedings, regulate relationships between subjects of the administrative process, ensure fairness, efficiency and legality of administrative actions and decisions. It is proved that the principles serve as the basis for the formation, functioning and development of administrative law, help to avoid abuse of power and ensure the protection of the rights and freedoms of citizens. Attention is drawn to the fact that the conceptual significance of the principles of the administrative process lies in the fact that they determine the basic principles and guidelines for the construction and functioning of the administrative-procedural activity of public authorities. This means that the principles of the administrative process not only regulate specific procedures and actions, but also form a general concept of justice and management practice in the administrative sphere. It is substantiated that these principles together create a holistic concept of the administrative process and act in interaction with each other, ensuring a balance between the interests of the state and the rights of citizens, which contributes to effective management and increases trust in state institutions.

Administrative Law as a Source of Rights

This article challenges the pervasive assumption that judicial review of administrative action is not concerned with rights. Making a break from this orthodoxy, it proposes a theory of judicial review that suggests that its purpose is to protect distinctive administrative law rights held by those subject to public administrative power. This rights‐based theory makes sense of the structure of applications for judicial review in which, paradigmatically, an individual subject to an administrative decision makes a claim against the state that the public official responsible for that decision failed to meet the relevant administrative law standards, and accordingly demands a remedy. The bulk of the article is dedicated to addressing the major objections to a rights‐based theory, including those arising from public interest standing and the nature of judicial review remedies. The analysis shows that each of these objections fails, clearing the ground for a fuller development of a rights‐based theory of judicial review in future work.

Resolution of Election Disputes for DPD Members Through Administrative Court Decisions Based on Law No. 7 of 2017 on General Elections (A Case Study of the DPD in West Sumatera Province)

This research aims to analyze the Jakarta Administrative Court Decision No. 600/G/SPPU/2023/PTUN.JKT related to the election dispute of DPD (Regional Representative Council) members in 2023, from the perspective of Law No. 7 of 2017 on General Elections and fiqh siyasah (Islamic political jurisprudence). The focus of the dispute is the alleged violations by the General Election Commission (KPU) in the process of establishing the permanent voter list and determining the election results. This study employs a normative approach with a case study to address how election disputes for DPD members are resolved through Administrative Court decisions. The analysis reveals that the Jakarta Administrative Court Decision has integrated principles of justice and transparency as outlined in fiqh siyasah, and complies with the legal provisions of Law No. 7 of 2017. However, the study also highlights some challenges in enforcing accountability and transparency by the election organizers. This decision has strategic implications for governance and strengthening democracy in Indonesia, particularly within the context of Islamic constitutional law.

The principle of "Proportionality" in French Administrative Law: a Lesson Suggested for Jordanian Law

This study considers the test of proportionality as one of the levels of examining the reasons given to administrative decisions in French law and the need to adopt the test in Jordanian law as it is applied in French law. The subject of this study is of great importance as it represents a new era of examining the legality of administrative actions. As far as the writer of this study knows, there is no relevant study in English examining this issue in Jordanian or other Arab legal systems, it is therefore an attempt to fill the gap in this area. Issues of this study are examined throw two main sections, the first one examines the traditional approach in examining the reasons given to administrative decisions in French law, whereas the second examine deeply the test of proportionality the need to adopt it in Jordanian law.

Judicial review as a quasi-administrative jurisdiction

This article challenges the idea that judicial review is purely judicial and adversarial in nature. Instead, I argue that recent doctrinal and remedial changes to judicial review suggest that courts hold a quasi-administrative jurisdiction. By a quasi-administrative jurisdiction, I mean one that prospectively, and retrospectively, aids and advises on the execution of public administration. For example, the Federal Court in Canada (Citizenship and Immigration) v Mason suggested that federal tribunals should start using the advisory reference procedure found in section 18.3(1) of the 1985 Federal Courts Act to resolve ‘dueling administrative interpretations’ of their home statutes. Canadian courts have also started to remit cases back to administrative decision makers with specific instructions explaining how they are to proceed upon redetermination, thereby structuring and advising on the proper exercise of discretion. The existence of these quasi-administrative remedies requires us to rethink Lon Fuller’s contention that the form of adjudication is inherently bilateral, adversarial, and retrospective. Fuller’s contention was based on the claim that arguments in court are ordinarily presented in the form of claims of right in the disputant’s favour. However, I argue that, in public law adjudication, arguments are presented in the form of claims of legitimate authority in the public interest. This establishes judicial review on what I term a multilateral, collaborative, and prospective form of adjudication. This form suggests that the court is in fact suited to exercising quasi-administrative functions.

The Effects of Restorative Practice Curriculum on Student Behavior at A Disciplinary Alternative Secondary Campus

This mixed-methods, sequential explanatory case study was designed to assess the effects of a Restorative practices intervention curriculum on student behavior at a disciplinary alternative secondary campus, and to assess the effects of this curriculum on teacher and administrator decisions regarding student discipline, through the lenses of Social Justice Theory. There is currently no data available on the effects of Restorative practices among students who are already receiving the impact of exclusionary discipline in schools in the United States. Quantitative data was extrapolated using campus disciplinary data over the course of two academic school years. Qualitative data was extrapolated through a 42-question survey protocol and an eight-question interview protocol. The results assert Restorative practices curricula appear to have a positive impact on student’s behavior, teacher’s classroom management decisions, and administrator’s disciplinary decisions at the disciplinary alternative school.