Administrative Law Research Articles

Does better regulatory institutions always enhance the productivity effects of services trade liberalization？

The majority of previous studies have asserted that the high quality of local institutions can improve the productivity effects of trade policies; yet, only a few studies have acknowledged the heterogeneous impact of these institutions. Using data from Chinese manufacturing plants, we examine the moderating effects of regional-level regulations on the effectiveness of national services trade policy. The key findings are threefold: First, as the initial degree of service liberalization advances, the productivity effect of trade liberalization diminishes. Second, opening access to foreign enterprises can substitute for pro-competitive regulatory reform. Regardless of whether the regulatory institutions related to administrative processes, law enforcement, and commercial service have improved, services trade liberalization can have significant productivity effects. Third, in contrast, when regulations to protect for local incumbents impose prohibitive costs for new entrants, the impact of services trade liberalization is highly contingent on local regulatory improvement. The confirmation that trade liberalization can potentially serve as an alternative measure for local regulation reform in Chinese context distinguishes this study from others.

Division Construction Government Authority In Law Number 23 of 2014

The concept of the division of government affairs in deconcentrating and co-administration has a long history in Indonesian constitutional records. Amendments to the 1945 Constitution, especially the second amendment concerning the concept and pattern of the division of a government, have indicated that a centralized government would actually pose a threat to disintegration so that strengthening decentralization is not a weakening of Indonesia, but an effort to strengthen it. In other words, the choice to use the concept of autonomy as broadly as possible should be understood as a way to build a just balance between central and regional power relations. One of the issues regarding the constitutionality of regional government that has become a space for academic debate after the issuance of Law No. 23 of 2014 concerning Trade Law relates to the concept of the division of government affairs between government structures. Moving on from the point of view of State Constitutional Law and State Administrative Law, the analysis will be directed at the parameters used to construct the division of authority between government structures based on executive power (Article 4 paragraph (1) of the 1945 Constitution of the Republic of Indonesia) or based on the authority stipulated by the constitution. In another part, Law Number 23 of 2014 has reduced the essence of the concept of deconcentrating which previously was only carried out by the Governor, now it is also carried out by the Regent/Mayor. In such a concept, the problem is how to juxtapose the decentralization method with other methods such as deconcentrating and co-administration and institutionalization of the three principles.

Special Aspects of Administrative Law Protection of Intellectual Property on the Internet

Special Aspects of Administrative Law Protection of Intellectual Property on the Internet

TEORI EFEKTIVITAS PADA PROSEDUR PEMERIKSAAN PERKARA DI PENGADILAN TATA USAHA NEGARA

The purpose of this research is first to discover the development of case examination procedures in the current State Administrative Court. Second, to determine the current case examination procedure in the State Administrative Court associated with the Theory of Effectiveness. The type of research used is normative research which places the law as a system of norms, with descriptive analytical methods, namely by describing existing problems and analyzing them. The results of this study show First, there has been an expansion of the competence of the State Administrative Court in receiving, examining & adjudicating a case. The State Administrative Court Law that has not regulated this has resulted in a procedural law vacuum so that the Supreme Court in the 2011-2017 timeframe issued its legal products in the form of Supreme Court Regulations, namely the State Administrative Court Law which previously only regulated 3 types of case examination procedures, namely ordinary examination, simple examination, and rapid examination, currently there are several new case examination procedures regulated in 5 Supreme Court Regulations. Second, in terms of one of the factors in the Theory of Effectiveness, namely the legal factor itself (the law), this factor states that to determine whether a written law functions or not depends on the rule of law itself, one measure of the success of this factor is that the existing rules regarding certain areas of life are quite synchronous / there is no horizontal conflict & hierarchy, but the current main regulation, namely the State Administrative Court Law, in fact has not been synchronised with other regulations issued by the Supreme Court in the form of Supreme Court regulations which aim to fill the void of procedural law, especially the law of examination.

Dogmatics of administrative law

The basic terms and definitions inherent in Soviet administrativelegal science are examined; dogmatic concepts currently used in everyday life in domestic science and teaching need to be improved; in many cases they are not applicable in the existing political and legal realities. The concept of “public administration” does not correspond to its purpose in the conditions of separation of powers, constitutional and legal guarantees for the activities of executive authorities, pluralism of various forms of ownership, especially non-public ones. Using the example of teaching activities in the field of German administrative law, the need to distinguish between various training courses is shown, first of all, substantiating the theoretical postulates of German administrative law science — Verwaltungslehre, Polizeiund Ordnungsrecht, from training courses devoted, just like in domestic administrative law , the study of the institutions of the Special Part of Administrative Law — Besonderes Verwaltungsrecht. The dogma of “public administration” is now being replaced by the study of the theoretical postulates of the executive branch, with special attention should be paid to the generality and subordination of public and civil regulation in various spheres of government influence, primarily in relation to property regulation, which is especially significant in conditions of the dominance of public property relations , based on the hierarchical subordination of their participants, and not regulated by civil law.

Russian Pravda as a primary source of administrative law and process in ancient Russia

Russian Truth is the oldest monument of the law of feudal Rus’. It reflects the growth of princely power and the expansion of the princely court. This study is devoted to identifying the features of law and legal proceedings in this era. Like the ancient Laws of the XII tables in Ancient Rome and the Babylonian laws of King Hamurabi (Hamurabi), to which our study was devoted. Russian Truth is also a judge. In it we meet the rules of law, which we now call administrative law and process. Separate historical epochs are mixed up in Russkaya Pravda, there is no systematization of norms. A separate part of the truth is called “The Court of Yaroslav Vladimirovich.” Russkaya Pravda does not give us a complete account of the organization of the princely court. Separate princely decisions became the norm for subsequent court decisions. So, the prince sets penalties for killing people depending on their position. Pravda Yaroslavichi forbids blood feuds and introduces a fine instead. Litigation under Russkaya Pravda is adversarial, which establishes pre-trial procedures. The relationship between the plaintiffs and the defendants is clarified. This order is called “arching” and “persecution of the trace.” Competitiveness arises from those forms of struggle that existed even in a tribal society, when relations were sorted out by force. The study showed that the law according to Russian Pravda has gone ahead of the primitive customs of more ancient times and represents a developed system, where there was a court, a process, a system of evidence and punishments.

The stable relevance of the study of the administrative

The article analyzes the problem of the content of the legal defi- nition of “administrative law enforcement act”. Based on the conducted re- search, the author substantiates that an administrative law enforcement act is a qualified act of a competent entity based on the law, affecting the state of administrative and legal relations, aiming to cause certain legal consequences and expressed in a documented specific legally authoritative command. The author notes that the study of a significant amount of legal literature indicates the absence of a unified approach among scientists on quantitative and qualitative criteria of administrative law enforcement acts. The trend of modern administrative and legal relations and the change of priorities in legal regulation certainly affect the complex of functions of an administrative law enforcement act, which can only be conditionally called a system, which certainly preserves the inter

Artificial Intelligence Applications in Administrative Law "An analytical study"

This study aims at determining the role of artificial intelligence systems in the development and improving of the administrative legal base, and to identify the theoretical framework in the field of using the artificial intelligence in the administrative life and its impacts. Moreover, the study provides recommendations to the competent authorities in the field of artificial intelligence for its uses in administrative work in a manner that guarantees the various dimensions of the administrative development, Especially the technological dimension. Among the outcomes reached through this study is that the artificial intelligence is a modern technology that has been able to enter all fields, especially utility and service ones, and it is indispensable to exploit such intelligence in describing service quality when needs are satisfied. Finally, one of the most important recommendations of the study is to find a legal regulation for the artificial intelligence, in addition to strengthening the technological infrastructure to accommodate the intervention of this technology in the field of the administrative law; as flexibility and scalability are of its most important characteristics.

Interfaith Marriage Perspective of Positive Law and Islamic Law in Indonesia

<p>This research study aims to explore and analyze interfaith marriages from the perspective of positive law and Islamic law. This research is included in the category of literature study research with the basis of the qualitative approach used. Data obtained through literature searches (secondary data) include primary legal materials, secondary legal materials, and tertiary legal materials. After the data was obtained, the next step was to test the validity of the data using a credibility test in the form of extending observations, increasing persistence and triangulation in the form of sources and techniques, and analyzing using qualitative descriptive analysis techniques. The results of the research show that juridically, interfaith marriages are still polemic due to the dualism of legal norms between the Marriage Law and the Population Administration Law so it has legal implications for the disparity of judges in determining requests for interfaith marriages. Meanwhile, interfaith marriages are not permitted according to Islamic law, so if they are still carried out, they will have negative consequences for the status of children born from an invalid marriage.</p>

The Foundational Principles upon Which the Centre for Management Excellence in Public Finance Management is Built "A Comparative Study"

The fundamental regulations that govern the administration's effective management and safeguarding of public funds constitute the theoretical underpinnings of the administrative centre of excellence in public funds management. These foundations are linked to the same standards that established the existence of administrative law as a whole and the management of public funds in particular; thus, general philosophical foundations, including public utility theory, public authority theory, and modern theory, emerged. The most meritorious of these theories were the mixed theories whose contents are derived from the theories of public authority and public utility. This is due to the logical norms that this theory establishes regarding the management of public funds for the benefit of the public. Public ownership and discretionary power may be regarded as the pillars of a unique theory that effectively grants the administration control over its funds, as well as the flexibility and space these theories afford the administration to exercise its privileged position in the management of public funds.

Administrative Contract in Administrative Matters

Administrative contracts are also known in Slovenian law, where they are mainly used as an instrument to regulate in more detail the (previously issued) administrative act, and generally cannot replace the issuance of an administrative act. Namely, the General Administrative Procedure Act only provides for settlement between parties with opposing (private law) interests. However, the elements of administrative contracts as an ADR mechanism can be found in other (sectoral) legislation, but are often very deficiently regulated, leading to the application of private law rules that govern contractual relations and which are not adapted to administrative law relations. Given all the advantages of alternative dispute resolution and shortcomings of the current legal framework, Slovenian law should also – while respecting all the specific features of administrative decision-making and following the example of selected comparative-law regimes – systematically regulate subordinate administrative contracts (replacing administrative acts), at least for some administrative matters. They should be limited only to those areas of administrative functioning where the administration has a certain margin of discretion in determining the content of the decision on the administrative matter. This means, on the other hand, that the possibility of a subordinate administrative contract should normally be excluded in the case of legally binding decision-making since the content of such a decision is predetermined and the administrative authority is bound by it (principle of legality). However, the administrative authority must have a specific power to conclude such a contract in a (sectoral) law – a general power to conclude subordinate administrative contracts is not sufficient due to the risk of infringing the principle of equality and legality.

Local Self-governments’ Competences in Administrative Procedures related to Prioritized Investments in Hungary

This study examines a special administrative procedural law instrument that serves the competitiveness of the economy in Hungary. This procedural regime on prioritized investments became a part of the law after the accession to the European Union. The research clarified the specialties of the process and the relations between them highlighted by the competent public administrative bodies, the Government and the local self-governments concerned with this procedure. The implementation of such investments raises constitutional issues, through the presumed violation of local self-governments’ competences. The analysis presents the practice of the Hungarian Constitutional Court.

JUDGE-MADE LAW AS AN UNORGANISED SOURCE OF ADMINISTRATIVE LAW

The specific nature of unorganised (extraconstitutional) sources of administrative law is particularly visible against the background of constitutional (organised) sources of law. It does not fit into the rigid positivistic framework established by the Constitution. Rather, it is something separate, and the catalogue of sources of administrative law is broader than that of the constitutional sources of law. One form of law in this catalogue is judge-made law (case law). Contemporary administrative law owes a lot to it. Indeed, it has a significant impact on shaping the rights and obligations of the addressees of administrative law regulations. This, in turn, is the subject matter of the activities undertaken by public administration authorities.

2023년 행정법 중요 판례 평석: 건설행정법 판례를 중심으로

The Supreme Court sentenced a number of meaningful administrative law rulings in 2023. Many of them are based on individual public law regulations and specific problems arising from them. In this article, several rulings related to the ‘Public Construction Law’ were selected and examined. ① The Supreme Court’s sentence of 2022DU31143 on September 21, 2023 confirms once again that it is necessary to obtain ’the legal status of being allowed to development’for construction in addition to securing a source of use of land. It is meaningful in that it declared that the above requirements are also necessary for notification of building construction. Considering the judgment, it has been more clearly confirmed that the notification of building construction is bound to be regarded as a notification requiring acceptance, and the need for a legislative review of the overall building construction notification system emerges. ② The Supreme Court’s sentence of February 2, 2023, 2020DU43722 is a question of whether the guidelines for the operation of development permission, which are orders of the Ministry of Land, Infrastructure and Transport prepared based on Article 56 (4) of the Enforcement Decree of the National Land Planning Act, are externally binding legal orders. Aside from the evaluation of the conclusions of the judgment, the judgment provides various issues regarding the handling of administrative rules and normative control. ③ The Supreme Court’s ruling on February 23, 2023, 2020Du36724 is meaningful in that it revealed the relationship between members and landowners in housing redevelopment projects in accordance with the Urban Improvement Act, and that the right to receive a house in housing redevelopment projects should be based on the status of members. ④ The Supreme Court’s ruling on October 18, 2023, 2023DU42584 dealt directly with whether indemnity for possession of state property can be imposed on a person who is in a legal position to justify the possession and use of state property but does not get a use permit or sign loan contract. Although we can accept the conclusion of the judgment, it raises the question of the court’s interpretation of the law and its limitations. The above two judgments are examples of how the purpose of a public law can be considered in the interpretation and application of individual public law regulations, and provide implications regarding the legal interpretation method of administrative law.

독일 헌법사에서 법률유보의 의의

This study examines the development of major theories related to legal reservationin Germany from a constitutional perspective and presents implications and challenges toKorean public law from the basic perspective seen in the discussion of German public law onlegal reservation. In order to achieve the above research objectives, a literature researchmethod is attempted to review the books, papers, and precedents of Korea, Japan, and Germany on this topic. In the early days, the realm of legal reservation was limited to limitedbasic rights such as individual freedom and property rights, and its main significance was tosecure the legislative realm of the representative body, the parliament, from the executivepower of the administration. However, since then, the center of the discussion on legalreservation in Germany has emphasized the substantive discipline of administrative activitiesby law, trying to control administrative power under the detailed discipline density necessaryto achieve the purpose of protecting the rights and interests of the people. And today, legalreservation is not just a control principle of administrative power, but also a constitutionalprinciple. As such a constitutional principle, the basic perspective seen in the discussion ofGerman public law on legal reservation has great implications for us, in particular, as aconstitutional principle, efforts to promote an organic interpretation of related provisions in theconstitution based on legal reservation are one of the important tasks of Korean public law inthe future.

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.

Examination of environmental legislation (related administrative law and some criminal and civil law) and sanctions for illegal waste dumping in the V4+ countries (Czech Republic, Poland, Hungary, Slovakia and Slovenia)

Illegal dumping of waste is a high-profile environmental problem today. In order to address these challenges, cooperation and information exchange between the Visegrad Group (V4) countries and Slovenia (V4+) is vital. This study, which examines the regulatory mechanisms in the V4+ countries to combat illegal dumping, seeks to understand the environmental practices and legal frameworks related to this issue. The V4+ countries – the Czech Republic, Poland, Hungary, Slovakia and Slovenia – face similar challenges in the area of illegal waste management. The study seeks to highlight the common cultural, historical and legal backgrounds binding these countries together, providing an ideal basis for cooperation and exchange of experiences. The analysis is accompanied by a detailed comparison of the environmental legal frameworks, criminal sanctions and enforcement mechanisms operational within the V4+ countries. Apart from analysing the specificities and strengths of each country, it focuses on the methods that have proved more effective in tackling the illegal waste problem. The document also highlights the importance of strengthening cooperation between the V4+ countries. By exchanging information and sharing best practices, countries in the region can apply tried and tested solutions. The document aims to promote enhanced regional cooperation as a catalyst for sustainable environment and waste management.

Positive Constitution and General Administrative Law System : Interactivities of Norm and Dogmatics in Public Law

Positive Constitution and General Administrative Law System : Interactivities of Norm and Dogmatics in Public Law

Legal regulations and sanctions related to the illegal dumping of waste in Polish environmental law

This paper concerns legal regulations and sanctions regarding the illegal dumping of waste in environmental law in Poland. First, introductory remarks are presented, including an outline of the status of Poland’s implementation of EU instruments through national law. This section of the paper concludes with an overview of the basic legal acts that are applicable in Poland, to illustrate the legal spectrum of this topic (related administrative law norms and certain criminal and civil law rules). Second, considerations regarding permits for the transportation and processing of waste are discussed; this section includes relevant administrative provisions applicable in Poland. Third, legal regulations concerning administrative control are presented; in particular, this section pays special attention to control in the context of issuing permits as well as field inspections independent of this process. Fourth, civil liability is addressed. Fifth, provisions of criminal law are discussed, including penal code provisions, extra code provisions, and provisions related to administrative fines. Finally, the paper concludes with a concise summary.

Penerapan Hukum Administrasi Negara dalam Membangun Pemerintahan yang Baik

This study examines the application of administrative law in establishing good governance. The background of this research is rooted in the increasing demand for transparent, accountable, and effective governance to address public administration challenges. The research question focuses on how administrative law can be effectively implemented to foster good governance practices. Using a qualitative approach, this study employs document analysis and in-depth interviews with legal experts and government officials to gather comprehensive insights. The results indicate that robust administrative legal frameworks significantly enhance governance by promoting transparency, accountability, and public participation. Furthermore, the findings highlight the importance of continuous legal reforms and capacity-building initiatives to address existing gaps and challenges. The conclusion of this study asserts that the effective application of administrative law is crucial in achieving good governance, as it provides a structured mechanism for oversight and accountability. This research contributes to the ongoing discourse on governance reforms by offering practical recommendations for policymakers and administrators to strengthen legal frameworks and governance practices.