Concept Of Delegation Research Articles

TÜRK İDARE HUKUKUNDA YETKİ DEVRİ KAVRAMI

İdari makamların idari işlem yapabilmeleri için hukuk kuralları tarafından yetkilendirilmeleri gerekir. İdari makamların yetkileri kişi, konu, yer ve zaman bakımından sınırlandırılmıştır. İdare adına irade açıklamasında bulunmaya yetkili kişiler ve organlar ile bu kişi ve organların yapabilecekleri idari işlemler konu bakımından da sınırlandırılmıştır. İdare içinde yetki düzeni, idarenin kanuniliği ilkesi gereği kural olarak kanunlarla belirlenmektedir. 2017 Anayasa Değişikliği sonucunda Türk hukukuna Cumhurbaşkanlığı Kararnamesi (CBK) adında yeni bir kamusal işlem türü girmiş ve birçok tartışmayı da beraberinde getirmiştir. Yürütmenin asli düzenleme yetkisinin örneğini teşkil eden bu işlem türünün birçoğunda idari makamlara yetkilerini devretmelerine imkan tanıyan hükümler sevk edilmiştir. Bu çalışmada, öncelikle idari işlemin yetki ögesi incelenecek, ardından Türk idare hukukunda yetki devri kavramına ilişkin klasik kabuller “geçerlilik koşulları”, “hukuka uygun yetki devrine bağlanan hukuki sonuçlar”, “hukuka aykırı yetki devrine bağlanan hukuki sonuçlar” ve “yetki devrinin sona ermesi” olmak üzere dört ana başlıkta değerlendirilecektir. Yürürlükteki kanunlar ve CBK’ler üzerinden yetki devri kavramının hukuki rejiminin ortaya koyulması gerektiğini ve öğretinin bu konudaki klasik kabullerinin pozitif hukuku açıklayamayabileceğini ileri süren bu çalışmanın sonuç bölümünde, idari makamlara CBK ile idari işlem yapma yetkisinin tanınmış olsa dahi kanuni yetkilerin CBK’lerde yer alan yetki devri normlarına dayanılarak devredilemeyeceği sonucuna varılmıştır. Kanuni yetkilerin CBK ile devredilemeyeceğini öngören veya devredilebilecek yetkileri CBK’lerde tanınanlarla sınırlandıran CBK hükümleri kanuni yetkilerin hukuka aykırı olarak devredilmesini engelleyebilecektir.

Current Vectors of Local Self-Government Development in Line with the People’ s Responsible Delegation of Power

In the context of the constitutional and legal concept of responsible delegation of power by the people developed by the author, the paper examines a number of theoretical and practical issues relevant to the current stage of development of the local level of the uniform system of public power in Russia. The author highlights the following provisions focused on their practical implementation:1) In the nearest future, it is possible to consider the development of new conceptual documents initiated by the Russian Federation and containing international standards in the field of organization and implementation of local self-government based on the original Russian experience. This can contribute to the entry of our country into the position of international leadership in the field of establishing appropriate legal standards;2) Strategic turn from local self-government focusing mainly on issues of local importance and local tasks to their organic integration into a single, effectively working mechanism implemented to achieve national development goals throughout the country and promoting national interests seems to be timely, relevant and significant in the doctrinal and normative contexts;3) A modern strategy for the development of local self-government should include a wide range of provisions involving reliance on local communities cohesion and consolidation of their efforts for responsible participation in solving local and national tasks; in this vein, an understanding of the category «local community» should develop;4) Systemic development of the personnel potential of the municipal service is particularly relevant, including incentive mechanisms that facilitate recruitment of qualified personnel to local self-government bodies.The author makes a number of specific proposals corresponding to the vectors under consideration.

Positive experiences of specialist assistants and physicians with respect to the delegation research project StaerkeR : Evaluation of the training and experiences within the framework of this project

The delegation of medical services to rheumatology assistants (RFA) has proven to be safe and effective in the evaluation of the research project "StaerkeR". Afterwards, the experiences of the participating RFAs and rheumatologists with delegation were surveyed and discussed within the framework of an opinion research project. At the end of the project, the participating RFAs and rheumatologists were surveyed via an online questionnaire (quantitative analysis) (21questions for physicians and 44questions for RFAs). In addition, focus group meetings were held for the RFAs, which were led by amoderator and asecretary. The results of the focus group sessions (qualitative analyses) were analyzed according to the structured method of Kuckartz. All 31RFAs and 25rheumatologists involved in the project participated in the online surveys and 9RFAs took part in the 2focus groups. In the online surveys, both the RFAs and the rheumatologists gave predominantly good to very good ratings with respect to RFA training, the implementation of delegation in the practices and outpatient clinics, the role of the RFAs and the overall evaluation of the delegation concept. In the focus group discussions, many possible limitations regarding acceptance and implementation of the delegation concept were mentioned. The delegation of medical tasks to RFAs is aconcept that is positively assessed and highly accepted by both sides, the rheumatologists and the RFAs. In acomparison between the individual practices and hospital outpatient departments, there is still aclear heterogeneity with respect to the willingness and logistical possibilities in the implementation of the delegation concept.

The Concept Of Delegation Of Local Government Authority (Study Of Financial Supervision And Management)

The development of regional autonomy has placed various new authorities possessed by the regions. One of these powers is the delegation of some regional authorities to sub-districts to support regional programs and policies. The sub-district itself has the authority, duties and functions, one of which is regarding financial management and supervision. The research method used is normative research with an approach to legislation. The results of the study show that the concept of delegating regional authority to sub-districts has been comprehensively regulated in Law Number 23 of 2014 concerning Regional Government. In the financial management and supervision of the sub-district, it is placed as a coordination line for the village in determining the APBDES which is regulated in PP Number 43 of 2014 Article 101 and Permendagri Number 113 of 2014 Article 23, namely the regent/mayor can delegate the implementation of the evaluation of the draft village regulation on APBDes to the sub-district head or other designations. In addition, the sub-district head has a role in submitting the APBDes Realization Report and the APBDes Realization Accountability Report to the regent/mayor.

Interrelationship between Civil Society and Public Power in the Context of the Concept of Delegation of Power by the People

The main thesis of the study is the need for a doctrinal and rule-making transition from the opposition of civil society and public authorities to the understanding of their organic unity as an important element of modern constitutionalism. The subject matter of the paper is considered in the context of the constitutional and legal concept of responsible delegation of power by the people, the key aspect of which is a personal responsible attitude of a citizen to participating in the modern rule of the people which lies within the area of legal culture and legal awareness. The delegation of power by the people, in addition to elections, referendums and forms of representative democracy, is also associated with active participation in modern organizational formats that allow citizens to convey their will, standing, and initiatives to public authorities. These formats are the institutions of civil society that constitutes a communicative environment for achieving harmony, amity, stability and unites independent-minded responsible citizens who contribute to the development of society and the state.The paper provides recommendations based on the systemic interrelation between the phenomena under consideration: 1. within the framework of the concept of responsible delegation of power by the people, to consider civil society as the most important space for constructive dialogue of the people — the bearer of the constituent power with the public authorities established by it; 2. in strategic planning documents, to strengthen the vector for permanent systemic interaction between public authorities at all levels with civil society institutions based on priority goals of joint resolution of national tasks, promotion of national interests, improvement of the system of guarantees of human rights and freedoms; 3. for public authorities, to use the potential of civil society institutions to a greater extent to organize public discussions of projects of socially significant decisions and regulations.

Constitutional principles of the delegation of power by the people in the Russian Federation: the search for a concept

The article examines the constitutional principles of the delegation of power by the people, the source of which it is. The author's methodological vision of the approach to the study of the foundations of the constitutional and legal concept of delegation of power is presented, the analysis of the essential interrelations of the key concepts that make up its terminological base: the will of the people, people’s sovereignty, power and the process of delegation is carried out. In the context of the topic under study, the forms of direct expression of the power of the people and the prospects for their development are considered. The author’s concept of responsible delegation of power is proposed for further research and scientific discussion, which includes socio-psychological aspects of the personal attitude of citizens to building a system of public power at all its levels and assumes a constant constructive dialogue between government institutions and society

The mediating effect of job satisfaction on the relationship between the delegation of authority and the performance of employees

The current study aims to examine the relationship between the delegation of authority and employee performance in the banking sector in Palestine. Delegating authority explores new competencies and experiences that increase the quantity and quality of performance (Al-Jammal, Al-Khasawneh, & Hamadat, 2015). The concept of delegation of authority is gaining increasing attention by human resources management in large organizations because the concept of delegation of authority is one of the most important concepts used in the practice of management (Muhammad & Kazmi, 2020). A questionnaire was used to collect data and 300 questionnaires were distributed after being reviewed by a panel of experts. The Social Package for the Social Sciences (SPSS) was used to analyze and process the data, and the study found that there is a positive relationship between the delegation of authority and performance. This relationship mediates job satisfaction, as delegation contributes to increased job satisfaction, thus, job satisfaction increases the quality of performance. The current research recommended that additional efforts should be invested to enhance the culture of delegation of power and attention to the state of job satisfaction among workers in banks as well as other institutions and that future research should focus on finding new ways to ensure improvement in the quality of performance in the banking sector in Palestine

You got a hole in your belly and a phone in your hand: How US government phone subsidies shape the search for employment

Many of the tasks involved in looking for a job these days involve sharing and storing digital data. Digital technology is now required for job seekers to research employers, store resumes, complete applications, and schedule interviews. What is the employment process for people who are living on the poverty line, without reliable access to the Internet or mobile phones? We focus on technology maintenance, the continuous work required to stay digitally connected, to understand how low-income job seekers in northern California manage the circulation and storage of information. We incorporate the concept of delegation from Latour to explore how people consciously consider who or what entities are responsible for technology maintenance, as this varies by government policies related to digital subsidies. This article draws novel connections between the influence of government policy on technology maintenance and how both the policies and digital inequalities shape impoverished job seekers’ choices around sharing and storage practices.

Task-Sharing Between Pediatricians and Non-Physician Healthcare Professionals in Outpatient Child Health Care in Germany: Assessment of Need and Acceptance for Concept Development.

Although pediatricians in Germany work as general practitioners for children, they are planned and trained as medical specialists. In consequence, distances between practices and residences of patients can be very large. The implementation of task-sharing models is a promising option to sustain pediatric outpatient care in rural regions. In this study we assessed the need for and acceptance of delegation of tasks in outpatient pediatric healthcare to non-physician healthcare professionals and developed a task-sharing concept. A standardized questionnaire was developed and addressed a wide range of healthcare professionals. On the basis of the results of the questionnaire and a subsequent workshop involving representatives of the various fields of pediatric care a delegation-concept was developed. A total of 206 questionnaires were answered (response rate: 17%). About 70% of the respondents (n = 145) agreed with the delegation of counseling on prevention, 66% (n = 135) with the delegation of tasks in the transition process into adult medicine. All proposed tasks were conceivable for at least a third of the respondents. Mostly, pediatricians could envision delegation more than the non-physician health care professionals. A three-dimension-delegation-concept was developed: which tasks can be delegated to whom in which setting. Basically, if nurses or medical practice assistants are adequately qualified, all tasks can be delegated to both. The delegation was approved by most of the respondents. Implementation of task-sharing provides a new option to support pediatricians and create better access to outpatient pediatric health care in rural regions. The next step should be the implementation of the delegation concept in pilot projects.

EFFECT OF EMPLOYEE MORALE ON PRODUCTIVITY IN THE GHANAIAN PUBLIC SECTOR. THE MEDIATING ROLE OF DELEGATION

Delegation of authority is one of modern trends practiced by managers, and a key management skill in the business world. It enhances human relations amongst organizational members, increases self-confidence among employees and raise the level of tasks accomplishment in tasks. The study sought to assess the effect of delegation on employee morale and productivity in public sector organisations in Ghana. The target population included all the workers in the public sector of Ghana from which the simple random sampling technique was employed to select 128 workers from 20 public sector organisations across the country. The findings from the study show that delegation of authority has a positive and significant relation with employee morale and productivity. Subsequently, the study also revealed that delegation fully mediates the relationship between employee morale and productivity. Based on the findings, it is recommended that organisations should utilise or adopt the concept of delegation in performing organisational duties. Again, organisations should implement measures or strategies that can help build the morale of employees.

Prescribed consumption and consumers' decision-making styles: a cross-cultural comparison between Europe and Asia

PurposeThe goal of this research is 1) to check if shopping prescription consciousness is a fundamental decision-making characteristic, 2) to know its weight and position into consumer decision-making styles (DMS), and 3) to compare results between France and China.Design/methodology/approachA quantitative survey using the Consumer Styles Inventory (Sproles and Kendall, 1986) is done with 308 French and 221 Chinese pet food buyers. Factorial, multivariance, clustering and discriminant analyses are run.FindingsFindings reveal that shopping prescription consciousness is a fundamental decision-making characteristic. Although this concept scores the same in both cultures, correlations between shopping prescription and other characteristics vary from a culture to another, showing a different prescription follower profile. In addition, opposite to our expectations prescription consciousness has a discriminant role on DMS in France but not in China. Finally, culture impacts overall DMS.Research limitations/implicationsThe Chinese sample is weak. This study must be replicated in more product categories and involve more countries. This paper attempts to enrich prescribed consumption knowledge in a cross-cultural context.Practical implicationsThis paper 1) enriches academic understanding of the decision delegation concept, in a cross-cultural context, and 2) encourages organizations involved in complex products to set up loyalty qualitative programs and prescriber networks to ease shopping decision and consequently increase sales.Originality/valueThis is the first time that decision delegation and prescription is studied according to decision-making styles in a cross-cultural context.

Delegation – a crucial but sadly neglected management skill

Purpose – The purpose of this paper is to explain the importance of the concept of delegation, highlighting the lack of attention to it in management textbooks and identifying the key skills involved in effective delegation. Design/methodology/approach – The authors use their background as lecturers and authors in management combined with their management and consultancy experience to do a literature search of the topic of management and use their experience to comment on how the understanding and practice of delegation can be improved. Findings – As a result of a thorough search through the standard business studies textbooks, the authors found little coverage of the topic of delegation. They found many examples of failures of delegation, sometimes with catastrophic results. Despite the evidence to the contrary, there seems to be a general and highly over-optimistic assumption that an understanding of delegation and good practice can be taken for granted. Originality/value – Evidence has been collected about the alarming lack of attention to this critical management skill. The authors have attempted to remedy this by a clear explanation of the skills involved and the potential consequences of neglecting it. The core concepts include accountability, the rationale for delegating authority, associated skills and obstacles and how they can be dealt with; and the overlapping concept of empowerment. Case studies of recent world events illustrating the need for good governance and risk assessment are included.

The generative power of delegation networks

A device that generates trees over a ranked alphabet, together with an interpretation of the symbols in that alphabet as functions or relations on some domain, generates subsets of that domain. This well-known concept of tree-based generator is essentially already present in the seminal paper by Mezei and Wright from 1967. A delegation network consists of a finite set of such generators that can “delegate” parts of the generation process to each other. It can be viewed as an (extended) IO context-free tree grammar with an interpretation. We investigate the theoretical properties of these networks and establish several characterizations of the generated subsets, in the style of Mezei and Wright. We also show that the hierarchy of tree language classes obtained by iterating the concept of delegation, is properly contained in the closure of the regular tree languages under nondeterministic macro tree transductions, but not contained in the IO-hierarchy.

The Evolution of General Administrative Law and the Emergence of Postmodern Administrative Law

The discussion on the emergence of global administrative law is centered around the question: “Is it law?” and problems of accountability. This is a narrow perspective which ignores the autonomy of the administrative “internal law” generated by administrative agencies themselves. This is shown for the evolution of domestic administrative law in the 19th century and its transformations in the 20th century. Domestic administrative law is only to a much lesser extent a product of courts or legislators than hitherto taken for granted. This is why it should not come as a surprise that the instruments and forms of global administrative law are generated by transnational administrative networks of agencies. The evolution of both domestic and transnational administrative law will allow for new heterarchical forms of accountability and legitimation once the focus on a hierarchical concept of delegation is given up. The paper tries to outline a perspective on the transformation of administrative law based on domestic administrative law but at the same time intends to open a perspective on a new look at the emergent global administrative law.

High-Level Mission Specification and Planning for Collaborative Unmanned Aircraft Systems Using Delegation

Automated specification, generation and execution of high level missions involving one or more heterogeneous unmanned aircraft systems is in its infancy. Much previous effort has been focused on the development of air vehicle platforms themselves together with the avionics and sensor subsystems that implement basic navigational skills. In order to increase the degree of autonomy in such systems so they can successfully participate in more complex mission scenarios such as those considered in emergency rescue that also include ongoing interactions with human operators, new architectural components and functionalities will be required to aid not only human operators in mission planning, but also the unmanned aircraft systems themselves in the automatic generation, execution and partial verification of mission plans to achieve mission goals. This article proposes a formal framework and architecture based on the unifying concept of delegation that can be used for the automated specification, generation and execution of high-level collaborative missions involving one or more air vehicles platforms and human operators. We describe an agent-based software architecture, a temporal logic-based mission specification language, a distributed temporal planner and a task specification language that when integrated provide a basis for the generation, instantiation and execution of complex collaborative missions on heterogeneous air vehicle systems. A prototype of the framework is operational in a number of autonomous unmanned aircraft systems developed in our research lab.

Double Delegation-Based Authentication and Key Agreement Protocol for PCSs

Many protocols have been proposed for solving the user authentication in portable communication system. One of the schemes is based on the delegation concept. Home Location Register (HLR) delegates Mobile Station (MS) to be authenticated by Visitor Location Register (VLR). The main drawback of the scheme is that the HLR is required during the online authentication phase between VLR and MS. In this paper, a double delegation-based authentication and key agreement protocol is proposed. The main advantage of our protocol is that this scheme requires only MS and VLR online. This protocol will thoroughly utilize the proxy signature features to facilitate the operation of this protocol while only requires two members (MS, VLR) to be online at the same time.

Research on Delegation Authorization Model Based on TRBAC and Attribute

Task-role-based access control (TRBAC) model widely used in workflow does not support the delegation strategies and does not consider the characteristics of entities in the system. In order to meet the requirements of delegation in the workflow environment, this paper proposes a delegation model called TRBAC-and-Attribute-based Delegation (TRABD) model. TRABD model introduces the concept of delegation and attribute to TRBAC model. To improve the security of the delegation process, delegation constraints in TRABD model consist of not only delegation condition role (CR), but also attribute constraint (ATC), delegation-role constraint (DRC), delegation constraint (DC). For better flexibility, ATC is divided into three types: strict ATC, weak ATC and user-defined ATC, so that the delegator can temporarily delegate high level permission to low level delegatee. In addition to this, it maintains the advantagement of traditional TRBAC model.

Artifacts that organize: Delegation in the distributed organization

A great deal of research on geographically distributed organizing focuses on communication among members; however, in the face of increasingly large, complex and interdependent infrastructure, scholars must also examine instances of technology-supported coordination that function by replacing rather than enhancing human communication among organizational members. Central to this are complex processes of delegation — in which organizational work and agency are passed back and forth across the shifting line between “social” and “technical” elements. Building on work in the sociology of science, this paper extends the concept of delegation and applies it to thorny questions around the work of sustaining organization over time. We explore two examples from the Open Science Grid (OSG), an initiative that distributes computational resources to geographically dispersed and otherwise loosely coordinated research teams. Our first case is one of successful delegation, as automated access to resources is extended to a new group of distributed scientists. We then turn our attention to a case where the process of delegation breaks down, revealing the usually invisible work needed to sustain “seamless” integration. As these cases show, delegation is complex, fragile, and central to the nature of contemporary organizing. Specifically, delegation: 1) reconfigures the organization of work; 2) transforms how outcomes are accomplished; 3) redistributes responsibility for organizational decision-making; and 4) shifts the visibility and invisibility of both actors and their work.

Marjo van der Knaap: searching for patterns in the chaos

Marjo van der Knaap: searching for patterns in the chaos

Neue Tätigkeitsprofile für Arzthelferinnen und medizinische Fachangestellte (MFA) in der Versorgung älterer Menschen (Projekt im Rahmen der Förderinitiative zur Versorgungsforschung der Bundesärztekammer)

Against the background of the discussion on the delegation of medical tasks to medical/physician assistants (Medizinische Fachangestellte/MFA) in order to avoid imminent shortages in the care provision by general practitioners (GPs), the aim of the study was to evaluate such a delegation. The delegation of tasks was based on the additional professional qualification/speciality training of medical/physician assistants (MFA) following the curriculum "ambulatory care of elderly people" of the German Medical Association (Bundesärztekammer/BÄK). 2 such projects of additional professional qualification of MFA and tasks delegation were evaluated. The projects were supported by the German Medical Association (BÄK) and implemented by the Scientific Institute of the German Medical Doctors (Wissenschaftliches Institut der Ärzte Deutschlands/WIAD) and the Chamber of Physicians of Schleswig-Holstein (Ärztekammer Schleswig-Holstein/ÄK S-H) from October 2008 until December 2010. The common evaluation of both projects applied a multi-perspective approach and was mainly based on the data collected by questioning MFA, GPs and patients. These data were complemented with the results collected during experts' interviews and internal evaluations of the additional professional qualification. In total, 61 medical practices, 65 MFA and 669 patients were included. The curriculum mentioned has proven its worth; the additional qualification broadened the field of competence of the trained MFA. The implementation of the delegation concept in the medical practices is unproblematic, enhances the team spirit, relieves the GPs of some of their workload and strengthens the binding to patients. In the ambulatory care of elderly people, the following diagnoses/diagnosis groups are the most relevant for the delegation of tasks: dementia, nutrition-related diseases, apoplexy, coronary heart diseases, hypertension and peripheral vascular diseases. Tasks were delegated in the following fields: diagnostics, therapy, control/monitoring, medicines control, prevention measures, assessment of living environment, health status, mobility, etc. BENEFITS FOR THE PATIENTS: Improvement of compliance, stabilisation of the care status, improved monitoring through home visits for immobile patients (quick-parameter checks, awareness of living conditions), etc. The implementation of the model in the care provision by general practitioners to elderly people is recommended without reservations. Legal and economic barriers (above all: insufficient compensation of home visits) should be resolved rapidly.