Science topic

Administrative Law - Science topic

The group objetives is covers the central aspects of procedural and substantive judicial review under the public law. The principal aim is provide to all research an understanding of this area of law.
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Ohnemus, A. (2025). Nigh Infallible Investigation: Past Event Copy Machines. Zenodo. https://doi.org/10.13140/RG.2.2.18780.50566 .
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Nope
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Updates are coming for the article. I would use the Gateway Process and quantum computers/computing.
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Please upload it as a PDF so it can also be read online.
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Hello, I'm currently doing research for my thesis on Chinese administrative law. While searching for sources, I ran into this site which (while not understanding the language) seemed useful, with some articles (though translated through google) appearing interesting.
I was just wondering how the site or payment methods work since the interface seems quite confusing.
Thank you in advance for any responses!
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Re: Inquiry About the Site and Payment Methods
Hi Barbara,
Thank you for reaching out! 😊 I understand that the interface might seem a little confusing at first—happy to help clarify how it all works.
🧭 How the Site Works: You can browse through [brief explanation of the site’s purpose—e.g., “our services,” “products,” or “listings,” depending on what the site is for].
To use a service or make a purchase, you’ll typically need to create an account and follow the steps provided on each page.
💳 Payment Methods: We currently support the following payment options:
Credit/Debit Cards (Visa, MasterCard, etc.)
PayPal
[Other local options, if any]
For some services/products, bank transfers may also be available (you’ll see this option during checkout if applicable).
If there’s a specific step you’re stuck on, feel free to send me a screenshot or tell me what part isn’t clear—I’ll guide you through it step-by-step!
Looking forward to helping you get started 😊
Warm regards
GISYMAR
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what is the impact of privatization on administrative law?
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Privatization—the transfer of public services or assets to private ownership or management—has significant implications for administrative law, particularly in terms of accountability, regulatory oversight, and the scope of public rights. Here are some of the key impacts:
1. Shift in Accountability Mechanisms
  • Reduced Direct Government Control: Privatization transfers responsibility for services traditionally managed by the government to private entities. This can blur lines of accountability, as private entities are not directly subject to public sector oversight mechanisms like parliamentary scrutiny or freedom of information laws.
  • Introduction of Contract-Based Accountability: In privatized settings, accountability is often managed through contracts between the government and private companies. These contracts outline service standards, performance metrics, and penalties for non-compliance. Administrative law adapts by focusing on enforcing these contracts and managing disputes over service delivery.
  • Challenges with Public Transparency: Private companies are typically less transparent than public agencies. For example, they are often exempt from disclosure laws, which limits public access to information. Administrative law may need to evolve to address transparency issues, perhaps by requiring certain disclosures from private entities performing public functions.
2. Expansion of Regulatory Oversight
  • Growth of Regulatory Agencies: Privatization has led to the establishment and expansion of independent regulatory bodies to monitor private entities in sectors like utilities, healthcare, and transportation. These regulators enforce industry standards, monitor compliance, and provide a framework for consumer protection.
  • Challenges of Regulatory Capture: Privatized industries can wield significant influence over regulators, potentially leading to regulatory capture, where regulators act in the interests of the private companies they oversee. This challenges the role of administrative law, as it must ensure regulators remain impartial and uphold public welfare.
  • Increase in Judicial Review: Administrative law, through judicial review, provides a check on regulators’ decisions. Courts may intervene if regulatory bodies act beyond their legal authority or violate procedural fairness. However, as privatization expands, courts face the challenge of balancing regulatory oversight with respect for the autonomy of private enterprises.
3. Changing Scope of Public Rights and Access to Services
  • Revised Notions of Public Rights: When services become privatized, individuals may find that their rights are no longer framed in terms of statutory entitlements but rather as contractual rights. This shift can limit recourse for individuals, as contract law may offer fewer protections than administrative law.
  • Equity and Access Concerns: Administrative law traditionally aims to ensure equal access to public services. Privatization can create disparities, as private companies often focus on profitability and efficiency, potentially sidelining accessibility or affordability for vulnerable populations. Administrative law may address these concerns by setting minimum service standards or mandating universal access policies.
  • Role of Consumer Protection Laws: In place of traditional administrative protections, consumers often rely on consumer protection laws for redress against private service providers. While these laws help ensure fair treatment, they may lack the depth of protections historically provided by public law.
4. Impact on Procedural Fairness and Due Process
  • Limited Recourse through Administrative Procedures: Private entities are not typically required to follow the same procedural rules as government agencies, such as providing notice, conducting fair hearings, or offering avenues for appeals. This shift can deprive individuals of due process protections historically guaranteed under administrative law.
  • Development of Hybrid Procedures: Some privatized sectors adopt “public-private” procedural frameworks, which blend administrative law principles with contractual obligations to protect fairness and due process in service delivery. For example, public utilities may have independent review bodies to handle complaints, offering a quasi-administrative remedy.
  • Increased Role of Ombudsmen and Alternative Dispute Resolution (ADR): To address procedural fairness in privatized services, ombudsmen offices and ADR mechanisms have become more prominent. These bodies provide consumers with a route for complaints and mediation, supplementing the limited recourse available through private entities’ internal grievance procedures.
5. Erosion of Traditional Administrative Law Principles
  • Shift from Public to Corporate Governance Standards: Traditional principles of administrative law, such as accountability to the public and non-discrimination, are not inherently applicable in corporate governance, where profit maximization often takes precedence. This shift may erode some administrative law standards unless incorporated into regulatory or contractual requirements.
  • Blurred Public-Private Distinctions: In privatized settings, the boundary between public and private functions becomes ambiguous, especially in cases where a private entity provides an essential service. This can challenge administrative law’s scope and require new definitions of "public function" to extend certain administrative obligations to private actors performing public roles.
  • Increased Complexity in Administrative Jurisprudence: The courts and administrative tribunals may face growing complexity in cases involving privatized entities, as they attempt to delineate when private entities are subject to public law principles. Courts may also have to balance private rights with public interests, especially in cases concerning essential services.
6. Emergence of “Soft Law” Approaches
  • Voluntary Codes and Standards: In many privatized sectors, voluntary codes and industry standards complement traditional regulatory frameworks. These “soft law” mechanisms are often crafted by industry associations or through public-private partnerships, offering guidelines on ethics, consumer protections, and service standards.
  • Administrative Law's Role in Enforcing Soft Law: While soft law lacks the binding authority of traditional legislation, regulatory bodies and courts may use these standards as benchmarks for accountability. Administrative law may evolve to recognize and incorporate these standards as part of regulatory enforcement.
Summary
Privatization has redefined the role of administrative law, demanding new frameworks to ensure accountability, transparency, fairness, and access to essential services. As privatization continues to expand, administrative law increasingly intersects with contract law, consumer protection laws, and alternative regulatory models to fill gaps left by the transfer of public functions to private entities. This evolution underscores the importance of adaptable and hybrid regulatory approaches that balance market efficiency with public welfare.
Please comment on my reply.
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Preprint Nuance
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Perhaps what you are saying is true...but it is like medicine, its taste is bitter and its effectiveness is beneficial
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International investor-state arbitration (IAI) and administrative contracts raise complex and interesting questions in the field of international law and administrative law.
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Baltasar Cevc exactly, the applicable law and the competent jurisdiction depend on the will of the parties, like the arbitration clause.
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Q1 What is administrative law and what is its importance in the legal system?
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Administrative law encompasses laws and legal principles governing the administration and regulation of government agencies (both federal and state). Agencies are delegated power by Congress (or in the case of a state agency, the state legislature), to act as agencies responsible for carrying out certain prerogatives from Congress. Agencies are created through their own organic statutes, which establish new laws, and in doing so, create the respective agencies to interpret, administer, and enforce those new laws. Generally, administrative agencies are created to protect a public interest rather than to vindicate private rights.
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We live in an era when the Mathematics of Nonlinear Dynamics have been making inroads into almost every discipline and profession. A qualitative outcome of this mathematical field is the realization that what in Economics (and Econometrics) are described as "steady states" and "long run equilibria" are very unlikely in theory, in addition to being difficult to empirically document their presence in practice (in extended time series data).
On the other hand, a significant new field has emerged in Social Sciences (Economics, Sociology and Demography) as well as in almost all professions (Architecture, Engineering, Business Administration, Law, Journalism, etc.) where a movement towards "sustainability" is omnipresent. The movement enjoys apparently widespread popular support all over the Globe. However, the precise definition of what exactly is "sustainability", in an epoch of fast societal, economic, cultural and technological change remains elusive.
Hence, my question to this community: "What exactly is 'sustainable' development"?
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I would like to anticipate the idea why research activities in the academe is not usually adapted or been used by third parties in behalf of its purpose: I mean the purpose of their research. Consequently, college and post graduate schools require thesis products for graduation requirement intents, but, the idea is just for the compliance purpose of the course program; and what about being endorsed to important third parties such as government institutions as to be used as basis for policy making. I see the lapses in that point and that it is ironic that some educational institutions are better and very hard working dealing on their research activities and publications and yet their studies are minimally recognized by their government for policy making and protocols, in which, in this way, the idea or the effort of scholars doing such ingenuity will be usable as it get beneficiaries in hand. Studying is not that easy, why not support or maybe the university or educational institution must endorse their research products to nearby jurisdictional policy makers for the better and best of the community in nearby future. I am just wondering why that research products are treated that way not on the exact way that studies and experiment of these experts must be commended for being excellent in such field they had chosen as proven by the research studies they have done. Is it because it lacks support from their respective government? Is it because their government does not appreciate the efforts of their research scholars and enthusiasts? Or maybe, Do these research products are not totally important in the political maneuvers of their place?
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الهدف تطوير الأداء الأكاديمي والبحثي وتعزيز مكانة الجامعات وزيادة قدراتها على أداء دورها الحيوي، وهذا الامر يسهم في تحديد الرؤى والأهداف واستشراف المستقبل وإثراء رصيد الجامعات في خدمة المجتمع وتعزيز مكانتها وسمعتها وتمكنها من الاستمرار في المنافسة والتقدم بخطى واثقة ومدروسة ، وطبعا تطوير هذا القطاع سوف ينعكس على تطوير سياسية السلطة الحاكمة داخل الدولة
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Can I add it myself, or should these manipulations be performed only by the RG administration or the administrator who manages this institution profile?
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Dr Yehya A. Salih Thank you for useful information about changing my profile i knew really some new for me, but question was about an Institution page.
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On 1 July 2012, the preliminary reference procedure was introduced at the Supreme Court of the Netherlands. When lower civil courts face controversial points of law, they may refer a question of interpretation to the Supreme Court and request a preliminary ruling. This way, the Supreme Court should be able to provide legal practice with a faster and more specific response to pressing legal questions than through the ‘ordinary’ procedure.
This preliminary reference procedure is not a modern invention. It was already known in Rome, existed in a specific form in France (référé législatif, where a question of interpretation was referred to the legislator), was used at the Italian Corte Costitutionale and has been a powerful tool for the development of EU law by the European Court of Justice in Luxembourg (see the attached blog and article). Furthermore, Protocol 16 to the ECHR will allow highest courts of states that have ratified this Protocol to refer a question of principle to the European Court of Human Rights for an advisory opinion.
I wanted to use ResearchGate for a small comparative exercise. Perhaps you would like to answer the following questions. May lower courts in your country refer a question of interpretation to the highest court(s) in your country? Did such an instrument once exist, or is the introduction of such an instrument currently under consideration in your country?
I am also interested in literature on this subject and in other relevant international examples.
Your help is greatly appreciated,
Ruben
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The Curia of Hungary, as the highest instance judicial forum of the country, has the constitutional duty to harmonise the administration of justice within the Hungarian judiciary, mainly by means of rendering uniformity decisions. The Curia renders uniformity decisions in cases rasing issues of theoretical importance in order to ensure the uniform application of law within the Hungarian judiciary. Such decisions are binding on all Hungarian courts. The operative parts of uniformity decisions – as brief summaries – are accessible hereunder:
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TWF was established by a code number 6741 in 2016. Turkey handed over the precious public companies that fund by executive decision. What's really interesting is that TWF's chairman of the board and, the person who appointed the auditors is President of the Turkey. Besides, TWF depends on presidency in terms of administrative law and TWF's vice chairman of the board is Minister of Finance who son-in-law of the president. Is there another sovereign wealth fund in which the president is so active? I know that there are similar situations in Arab countries, China and Russia. But I don't know if there is a sovereign wealth fund managed directly by the president.Currently, TWF which does not currently have much activity, in later times, under these circumstances, it would be beneficial to Turkey?
This is English website of TWF: http://turkiyevarlikfonu.com.tr/EN
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هو صندوق مملوك من قبل دولة يتكون من أصول مثل الأراضي، أو الأسهم، أو السندات أو أجهزة إستثمارية أخرى. من الممكن وصف هذه الصناديق ككيانات تدير فوائض دولة من أجل الاستثمار. هي مجموعة من الأموال تعد بمليارات الدولارات تستثمرها الدول في الأسهم والسندات.
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Is there a public order online? And how can we measure it?
In our study mayors in cyberspace we found that many mayors and practitioners indicate that there is such a thing as an online (public) order. In most cases, however, they do refer to physical effects. Not surprising in itself because the powers of mayors and the legislation are focused on physical effects. The question is whether there is also a separate order online. And to what extent is this space public?
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I think there is certainly an order & discipline online, otherwise, by now we would have had chaos!
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Many people fear a process of concentration of power in the hands of few. Some of them use words like imperium or global dictatorship. Other people, on the other hand, claim that lack of authority is the source of the actual crisis.
In my thinking, power is an integral part of our administrative system. I fail to understand how an organization can ever function in the absence of authority. On the other hand I would not vote for a "wise" type of unilateral and permanent dominance.
The key word for me is accountability. Which mechanisms of accountability are most effective/efficient for those controling the power? Can you recommend any case studies?
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I believe that accountability can only be applied in practice if there is a clear and secure political will. The correct way to activate the political will as a practical principle to implement accountability is through transparency in management and decision-making.
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What are some of the main debates surrounding constitutional and administrative law in the US?
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The constitution reflects the aspirations and ideologies of an organization or a country. The constitution is written down by democratic countries and other constitutional monarchies. The act of writing down a constitution helps to gain common people's trust in the government of the country or the organization.
Constitutional government is defined by the existence of a constitution—which may be a legal instrument or merely a set of fixed norms or principles generally accepted as the fundamental law of the policy—that effectively controls the exercise of political power. The essence of constitutionalism is the control of power by its distribution among several state organs or offices in such a way that they are each subjected to reciprocal controls and forced to cooperate in formulating the will of the state.
whereas,
Administrative law is the body of law created by the agencies and departments of the government, which carry out the laws passed by Congress or a state legislature. When Congress passes a law on a complicated issue, Congress often needs help determining all of the details of how the law will be enforced and implemented. Administrative agencies and government departments fill in those gaps for Congress and pass additional rules and regulations to achieve Congress's goals.
Hope that helps.
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Can taxpayers in your country rely on information  and communication of the tax Authorities, for example on their website with tax information, brochures, social media, telephone service, explanation on the tax return, forms with information, etc. Does this communication have a binding Legal status for the tax authorities? E.g. when the information turns out to be incorrect, incomplete, outdated etc., does it bind the tax Authorities in your country?
I am looking for literature and case law on this topic. Thank You very much for Sharing your expertise and thoughts! 
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In Germany, all written communications, eg a tax asessment or a decision about an objection to aspects of the assessment are official administrative acts and as such legally binding until amended or taken back. It is all regulated in detail by the very extensive Tax Code (Abgabenordnung). General information on websites are not legally binding, except, for example, when it concerns tax laws or the binding ministerial guidelines for tax officials on taking administrative action. Information per telephone, eg when an extension if granted to submit a tax return can be a binding oral adminsitartive act when explicitly agreed upon, but it is better to confirm in writing.
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Distances from employment centres?
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There is a paper about urban centrality by Rafael Pereira Moraes et al. at
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There are such contradictions in public administration, as between public and private interests, between centre and periphery, between centralization and decentralization, between administrative law and new public management, contradictions as national contradictions, etc. Could You mention some more?
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An important contradiction is also between desires and budget, and then how the necessities are ranked.
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Another important aspect raised by the scholars is that Article 66.2 is not limited to the IPR-related mechanism for promoting technology transfer. Andrew Michaels viewed that “Article 66.2 does not mention IPRs specifically, so developed countries are not limited to IPR-related mechanisms for promoting ITT.
See Andrew Michaels, “International Technology Transfer and TRIPS Article 66.2: Can Global Administrative Law Help Least-Developed Countries Get What They Bargained For”, 41 Geo. J. Int’l L. 223. Georgetown Journal of International Law, 2009.
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It appears to be the common view in Germany that technology transfer needs to be interpreted broadly (see Anzelotti in Busche et al, TRIPS - Commentary (2nd ed, 2013, Carl Heymanns Vertag), Art 66 para 18 - unfortunately in German), also referring to Michaels. Examples given are Tax incentives, direct allowances, R&D cooperations, specific training programs, etc.
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The future of the Wednesbury Unreasonableness as a ground of Judical Review in Malaysia and Common Law countries such as india, Hong Kong, United Kingdom, compare to South Africa...
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Eventually the Wednesbury Unreasonableness effect will not matter as much as it does today. The United States started off as a common law country and is now the democracy in which it is today because we as a society realized that certain rules needed to be put into place. Eventually these countries that still govern by common law standards will move to a more formal system be it democratic or communistic in nature.
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Link and attachment are below. I understand that the UK government and public bodies will often issue consultation papers before creating new laws. Sometimes this is a matter of choice but at other times it is mandatory.  See fn 3 UK Consultation Principles.  I would appreciate anyone who could explain - - or direct me to an article  that explains - - when the UK government or public bodies are required to consult before creating a new law or policy.  Thank you.
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Sorry I don't. I'm familiar with this due to my years of government legal practice. I suggest looking at textbooks on secondary (delegated) legislation. No doubt there are quite a few. Off the top of my head, here's one, by a highly regarded author:
Better Regulation
First Edition
Edited by: Stephen Weatherill
Nothing on point in the ToC, but look up consultation in the index.
and googling brings up these links that might be useful:
Ch 7 of this book might be useful, tho it's a few years old:
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Each country has a peculiar system of election of Constitutional Court judges and every one of these models has its weaknesses. Procedure for the election of constitutional judges is considered to be one of the guarantees of their independence. Even more interesting is the question of the conditions that candidates for judges of the Constitutional Court must meet in order to be appointed.
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In Spain: 
"
Composition and organisation
The Spanish Constitutional Court is made up of twelve members appointed by H.M the King of Spain; of these, four are proposed by the Congress on the basis of a qualified majority of three fifths of its members; four are put forward by the Senate, with the same majority; two by the Government; and two by the General Council of the Judiciary (Art. 159.1 of the Spanish Constitution (CE)).
Judges of the Constitutional Court are chosen by constitutional mandate amongst renowned legal experts, performing their duties with independence. They may not be removed from office. Their appointment is for a period of nine years and once such term elapses they may not be re-elected for a subsequent term- without the possibility of immediate re-election, unless they have held office for less than three years-, without the law having established any age limit. In order to ensure continuity of the Court’s operations, it is renewed by thirds every three years (Art. 159.3 CE).
The Plenary Meeting of the Court elects a President from amongst its members by ballot; he is appointed by the King for a three-year term, and may be re-elected just once (Art. 160 CE and Art. 9 of the Public General Act of the Constitutional Court (LOTC)). This same procedure is also used to elect the Vice-President of the Court, likewise for a three-year term (Art. 9.4 LOTC).
The Plenary Meeting of the Constitutional Court comprises twelve senior judges and is chaired by the Court President. He is in charge of all proceedings within the Constitutional Court’s jurisdiction, although appeals for the protection of constitutional rights (“recursos de amparo”) are only examined under reach-down jurisdiction, given that these remedies are in principle entrusted to the Divisions
There are two chambers in the Constitutional Court, the First Chamber is chaired by the Court President, whereas the Vice-President presides over the Second Chamber. Each Chamber, in turn, is broken down into two Sections, with three Judges in each of them. These Sections basically operate at the initial stages of any proceedings examined by the Court, deciding on the admissibility of appeals. All resolutions adopted by the Plenary Meeting, Chambers and Sections require the attendance of two thirds of their incumbent judges.
The Court has a General Secretariat, under the supervision of a Senior Legal Counsel, who is the head of all the constitutional legal counsellors employed by the Constitutional Court. "
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Can anyone provide the link to the official Croatian public administration law?
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Thank you very much 
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For my current research I need the English translation of the official public administration/statute law in Bulgaria. Thank you.
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Please, could anyone tell me how can I find the English-translated official version of the Former Yugoslav Republic of Macedonia public administration law?
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Catalina, here's a file that might help. Good luck!
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I am hoping to find material on administrative law in Canada.
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Thanks very much, I try to find them.
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Recalling the difficulties and increasing editing/translating costs which may encumber them.
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I beg to disagree with Aceil. If we want science to contribute to the collective knowledge, well-being and prosperity of mankind, the use of a scientific lingua franca is a must. English seems to serve this purpose well and scientists currently have no option but to learn English (I am not a native speaker, but I realize that it is much easier for Western European scientists to learn English than for colleagues from many other parts of the work!). More easily accessible publications in our native languages are and will remain a valuable means of informing our (national) general public - but are not a substitute for sharing our work with international colleagues.
Perhaps this issue will be rendered trivial when translation software really takes off:)
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Digital inheritance is the process of handing over (personal) digital assets (such as email, facebook, twitter, paypal, ebay, blogs, and ResearchGate accounts) to (human) beneficiaries. What do you think about the possible solutions to organise such inheritance?
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Just giving it some thought without any real research, could they not be dealt with by viewing them as one views a deceased's Facebook page, applying the lens of the privacy law concept 'the right to be forgotten'? Any passwords known, if any at all, could be gathered (or just kept initially) with the individuals lawyer, and then the accounts deactivated and purged.
Allowing a trustee/lawyer to preform this duty would also allow for the recovery of digital-only documents which were in the deceased's inbox.
Just some thoughts, interesting question though!
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We can talk about the general theory of the institute, but my mainly idea is to analyze the effects of the administrative silence (positive or negative silence) in different countries. I hope to encourage the debate about its function and usefulness today.
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Hi André,
In the U.S., regulatory agencies, their procedures, and regulations are governed by the Administrative Procedures Act (APA), Pub.L. 79-404, 60 Stat. 237 (June 11, 1946). Since the APA is delightful bedtime reading (better than a sleeping pill), you may want to access your own personal copy here: <http://www.archives.gov/federal-register/laws/administrative-procedure/551.html>.
With respect to your current inquiry, the Definitions Section (§ 551. Definitions) of the APA provides:
(13) ''agency action'' includes the whole or a part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or FAILURE TO ACT..."
In fact, "Failure to Act" is the middle name of the Environmental Protection Agency (EPA). Therefore, not just activist environmental groups have sued the EPA, but individual coastal states that are losing their coastlines because of global warming join the NGOs in filing lawsuits to try to get the EPA off its butt. Since § 551(13) provides that "failure to act" is deemed to be an action on the part of a federal agency, inaction (silence) is grounds for filing a Petition in Court to get the agency to act. ( In fact, in the U.S., practically everything is grounds for filing a lawsuit; but that is another story.)
For a brief description of one of the more colorful lawsuits (Massachusetts, et al. vs. EPA) see my article on RG entitled "Not Just Hot Air: Global Warming Solidifies World Opinion". Incidentally, the U.S. Supreme Court ruled against the EPA in this case (in April 2007), finding the EPA had capacious authority under the Clean Air Act (which it administers) to regulate greenhouse gasses so should set about doing so.
Gwen