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The challenge that delegated legislation poses to parliamentary sovereignty and associated supremacy in the UK is purportedly addressed through what we term the 'constitutional bargain of delegated law-making'. This has three elements: the proper limitation of delegation by Parliament through well-designed parent legislation; the exercise of self-restraint by the Executive in the use of delegated authority; and the enablement of meaningful scrutiny by Parliament. As a paradigm situation in which delegated law-making might be said to be necessary, the first year of the Covid-19 pandemic is an apposite context in which to assess the robustness of that bargain. Our analysis uses a sample of Westminster-generated pandemic-related secondary instruments as a peephole into the broader dynamics of this constitutional bargain and further reveals its significant frailties; frailties that are exposed, but not created, by the pandemic. [ABSTRACT FROM AUTHOR]

Recent years have seen an increase in the use of delegated legislation to implement major policy decisions in the UK. This has exacerbated the longstanding criticism that Westminster lacks sufficiently robust procedures for parliamentary scrutiny of delegated legislation. However, the UK is not the only country to use delegated legislation, or to face the challenge of ensuring it receives adequate parliamentary scrutiny. This article therefore places the UK system in wider context by comparing it to six other national parliaments. We highlight one comparative strength of the UK system, two weaknesses it shares with the other six cases, and one way in which the UK might learn lessons from elsewhere. Overall, our evidence suggests that no one country offers a clear template for more rigorous parliamentary scrutiny of delegated legislation. Successful reform of the UK's system is likely to require creative procedural innovation. [ABSTRACT FROM AUTHOR]

The usage of delegated legislation as a means of governance deserves significant attention, in view of the enormous impact that it is capable of having on the lives of citizens. While reforms to the process of parliamentary scrutiny are an important means of minimising the inappropriate usage of delegated legislation, this paper explores the possibility of drawing more fruitfully upon judicial review as an additional control mechanism. It undertakes a theoretical analysis of what makes delegated legislation distinct from primary legislation and other types of executive action for the purposes of judicial review, with a view towards identifying the proper normative orientation of judicial review of delegated legislation – upholding the moral requirements of delegation relationships and safeguarding democratic accountability and the rule of law. It then argues that existing grounds of review applied towards delegated legislation go some way towards but are inadequately directed at this normative orientation. Drawing inspiration from Irish and US jurisprudence, the paper critically evaluates several possible means of filling this doctrinal space, and concludes that the non-delegation doctrine and a rule of law-based ground of judicial review directed at exercises of delegated law-making power can supplement the law of judicial review of delegated legislation. [ABSTRACT FROM AUTHOR]

The article in the magazine "Environmental Legal News" presents the ruling of the Supreme Court on October 2, 2024, in which it rules on an administrative litigation related to hydrological plans in the Guadalquivir demarcation. The appeal focuses on the transfer from the El Portillo dam to the municipality of Baza and the overexploitation of the aquifers in the Sierra de Baza. The Court concludes that the works are in accordance with the legal system and dismisses the appeal filed. [Extracted from the article]

The article deals with the South Tyrolean Option of 1939 and the motives of the German-speaking population in the decision "to leave or to stay". It discusses the instrumentalization and different uses of the term. The article also provides an overview of the historical events from 1918 to 1938, the division of Tyrol and the annexation of South Tyrol by Italy. Under the fascist regime, the South Tyroleans were confronted with repression. The Italianization of South Tyrol took place in two phases: first, the political and cultural assimilation through decrees and laws, followed by the majorization, the expansion of industry, and the state-sponsored immigration of Italians. The Option of 1939 allowed the South Tyroleans to choose between German and Italian citizenship and led to their resettlement in the German Reich. [Extracted from the article]

Lawmakers and scholars concerned with content moderation regulation typically appeal to "analogies" to justify or undermine different forms of regulation. The logic goes: law should afford individuals due process rights against speech platforms because speech platforms are "like" speech governors as a matter of objective reality. Other common analogies include common carriers, publishers, distributors, shopping malls, and bookstores. Commentators attempt to invoke social roles to understand what the content moderation relationship is, what behaviors are "right" and "wrong" within it, and how law should police behavioral deviations. But they do so without relying on foundational sociology theory that explains what social roles are, what they do, and how they come to be. Without this theoretical foundation, the discourse incompletely portrays the project of content moderation regulation. Content moderation regulations do not simply "take" speech platforms' role as it currently exists----they will also "make" speech platforms' role by expressing that speech platforms should be speech governors, common carriers, publishers, or something else, based on how lawmakers choose to regulate. This Article is the first to introduce role theory into the content moderation discourse. Content moderation regulations are poised to define the basic contours of what it means to be a "speech platform" because the role remains unsettled. Earlier, the Communications Decency Act failed to articulate coherent roles within the content moderation relationship. But current content moderation regulatory reforms--including the PACT Act in Congress as well as state platform-common carriage laws and their judicial review--have a renewed opportunity to script social roles for speech platforms and individuals. Foregrounding these reforms' role scripts directs attention to urgent questions about whether they are likely to produce a desirable content moderation relationship and an online speech ecosystem that meets the public's needs. [ABSTRACT FROM AUTHOR]

Despite empirical evidence documenting its harms and substantial legislative efforts to ban its practice, conversion therapy remains a tragically prevalent practice in the United States. Recently, a circuit split between the Ninth and Eleventh Circuits has developed, raising questions about the future of conversion therapy regulation. This Note takes a retrospective look at the last ten years of conversion therapy bans and related legal challenges, questions the effectiveness of enacted bans, and explores routes for more effective regulation. This Note ultimately argues that conversion therapy bans must shift their focus to the regulation of unlicensed practitioners in order to better protect minors from the empirically demonstrated harms of conversion therapy. [ABSTRACT FROM AUTHOR]

All armed groups have internal regulations, and these regulations frequently involve the governance of affect, intimacy, and reproduction. Drawing upon [End Page 411] my ethnographic research with female former combatants from Fuerzas Armadas Revolucionarias de Colombia (FARC), I explore the gendered aspects of these governance regimes. How was intimacy dictated and policed by commanders and peers? What are the tropes regarding women and violence, and how are these frequently eroticized? What forms of reproductive governance were exercised within the ranks? For women who chose to leave the FARC, either informally or via official Demobilization, Disarmament, and Reintegration programs, to what extent does reintegration involve the redomestication of "transgressive" women? [ABSTRACT FROM AUTHOR]

Substantial numbers of criminal offences are created in the UK in delegated legislation, often carrying heavy maximum penalties. The majority are created in statutory instruments passed under the negative resolution procedure, which offers very limited opportunity for scrutiny and does not involve a parliamentary vote. This phenomenon has slipped under the radar of orthodox criminal law scholarship, where debate has focused primarily on the criteria that should be used to determine the content of the criminal law and on the principles to which such offences should conform, rather than on the process of creating criminal offences. Creating offences in delegated legislation raises questions of democratic legitimacy and has resulted in criminal offences being created which do not conform to basic principles of fair notice and proportionality of penalty. To address this, we propose that parliamentary approval should be required for all serious offences. It would be impractical to do this for all criminal offences, and direct participation in the legislative process via consultation can act as an alternative (or additional) legitimating principle. This does, however, require that the consultation process complies with certain basic minimum requirements, and we explain how these requirements might appropriately be framed. [ABSTRACT FROM AUTHOR]

The article focuses on recent Commission Implementing Regulations concerning the registration and amendment of protected designations of origin and geographical indications. Topics include the registration of various food products, updates on feed additive authorizations, and amendments related to food safety and import regulations.

Originalist proponents of a tougher nondelegation doctrine confront the many broad delegations that Congress enacted in the 1790s by claiming that each fell into some exceptional category to which the original nondelegation doctrine was inapplicable or weakly applicable, one being foreign affairs. There is lively debate on whether the founding generation actually recognized an exception to nondelegation principles for foreign affairs. This Article, commissioned for a symposium on “The Statutory Foreign Affairs Presidency,” intervenes in the debate by examining the Embargo Authorization Act of 1794, which empowered the President to lay an embargo on all ships in U.S. ports (and/or other classes of ships) if “the public safety shall so require,” for the upcoming five-month congressional recess. This was a delegation of remarkable power over the U.S. economy, which at the time depended heavily on maritime transport. An examination of the Act undermines the idea that there existed a foreign-affairs exception to cover it. Originalist proponents of a tougher nondelegation doctrine claim the doctrine was meant to protect private individual rights of liberty and property, yet Americans in the late 1700s lived in an economy that was more dependent on foreign commerce than it has ever been since, in which a five-month international embargo could be disastrous for private business nationwide. In this context, an “exception” for foreign affairs would be strange, turning economic reality on its head. Furthermore, the Act itself flouted any objective or even workable distinction between the foreign and the domestic. The Act’s unqualified use of the term “embargo” authorized the President to prohibit the departure of all ships, not only those sailing to foreign ports but also to other U.S. ports in the coastwise trade, which was then the main channel of U.S. domestic commerce. And even if the President were to impose an embargo aimed mainly at international maritime trade, preventing evasion of such a restriction required regulation of the coastwise trade—regulation that contemporaries apparently understood the Act to authorize. [ABSTRACT FROM AUTHOR]

The text presents the presentation of the XVI International Symposium of the Martín de Azpilcueta Institute, which focuses on "Universal Legal Principles and Canon Law". The author highlights the importance of appealing to these principles in a moment of institutional crisis in the world, where the capacity of the legal system to guarantee freedoms is questioned and the separation of powers is eroded. The tendency to abuse decree laws in Spain and the lack of clarity in legislation are also mentioned. In addition, the importance of legal criticism in the ecclesiastical field is pointed out, and the need to improve the legal system in service of the common good and the salvation of souls is emphasized. [Extracted from the article]

Australia was once a world leader in parliamentary oversight of delegated legislation. Today, parliamentary scrutiny has been undermined by a number of factors, including overly wide delegations, uncritical bi-partisan support for measures, party discipline restraining oversight, abuse of the disallowance procedure and parliamentary recesses to avoid parliamentary scrutiny, and interest-group capture within government. One of the reasons for the current state of affairs has been the constitutional orthodoxy in Australia that the courts do not intervene in the relationship between Parliament and the Executive. This article develops an alternative to that orthodoxy. I argue that the courts have a proper and necessary role in prodding parliamentary oversight of executive power, specifically in the delegated legislative sphere. [ABSTRACT FROM AUTHOR]

The institution of deputy minister in the Turkish Public Administration system was introduced in 2011 through Decree Law No. 643. Criticisms arose regarding the inadequacy of the deputy minister institution in certain areas. Moreover, Following the abolishment of the undersecretary institution, there are views that the void created have not been filled. This study, which aims to highlight the pros and cons of the Deputy Minister system, was conducted in collaboration with active and retired senior ministry bureaucrats who have experienced both the old and new eras. In this research, a qualitative research design, predominantly used in social sciences, was chosen. The necessary data for the research was collected through a semi-structured interview form consisting of specific questions. After the interviews, the obtained data were categorized into themes and subthemes using content analysis technique. Additionally, descriptive analysis technique was employed to include direct quotations from the interview forms. As a result of the research, four main themes were identified: "Qualities of the Deputy Minister Institution," "Qualities of the Undersecretary Institution," "Deputy Minister and Undersecretary Institutions in Terms of Institutional Sustainability," and "Recommendations for the Deputy Minister Institution." Through thematic analysis, participants emphasized that Deputy Ministers prioritizing political affairs was the most important quality, and they positively evaluated the acceleration of the decision-making process within the ministry organization. Mastery of business processes and personnel, as well as career advancement based on merit, were identified as the primary advantages of Undersecretaries over Deputy Ministers. In conclusion, participants stressed that it would be very challenging to maintain the Deputy Minister system in its current form and recommended the implementation of new regulations that incorporate the positive aspects of the Undersecretary system. [ABSTRACT FROM AUTHOR]

Few federal agencies have generated more controversy than the small Office for Civil Rights (OCR) in the Department of Education. From desegregation and bilingual education to intercollegiate athletics, sexual harassment, and transgender rights, it has turned short civil rights statutes into lengthy administrative rules. It thus offers a useful window into what has become known as "the administrative state." But this window is far from transparent: OCR rarely uses standard Administrative Procedure Act rulemaking, opting instead for unilateral "Dear Colleague Letters" written with little external participation; the bulk of its resources are devoted to investigation of individual complaints, with little public explanation of the outcomes. Innovation and expansion of the agency's mission has not come from the permanent bureaucracy, but from the courts and from agency leaders appointed by the president. From the 1960s through the 1990s, the result was slow but steady accretion of power and responsibility. More recently political polarization and shifting Supreme Court jurisprudence has led to more rapid alteration of agency policy and enforcement practices. [ABSTRACT FROM AUTHOR]

This paper aims to explore the dynamics evident in views among Chinese-Indonesians regarding the preferred name for their ethnic identity, with particular reference to the 2014 Presidential Decree that changed the official term from 'Cina' to 'Tionghoa'. Using a qualitative approach, the data was collected through surveys and in-depth interviews with a number of purposely selected Chinese-Indonesian participants. In general, the survey results indicated that both older and younger generations of Chinese-Indonesians believe the policy of officially naming their ethnic group is a valid means to eliminate discrimination and negative stereotyping. However, acknowledging their intrinsic heterogeneity, although it is deemed necessary to regulate an ethnic identity term or name, it is likewise important to develop that identity by supporting a bottom-up process that encourages a fair understanding in the wider community that being 'Cina', 'Tionghoa' or 'Chindo/Cindo' are an integral element of Indonesian-ness. [ABSTRACT FROM AUTHOR]

This article assesses the constitutional foundation by which Parliament lends its lawmaking powers to the executive, which rests upon a century-old precedent established by the Supreme Court of Canada in a constitutional challenge to wartime legislation. While the case law demonstrates that courts have continued to follow this early precedent to allow the parliamentary delegation of sweeping lawmaking powers to the executive, it is time for courts to reassess the constitutionality of delegation in light of Canada's status as a liberal democracy embedded within a system of constitutional supremacy. Under the Constitution of Canada, Parliament is placed fi rmly at the centre of public policymaking by being vested with exclusive legislative authority in certain subject matters. Parliament must therefore play the principal federal lawmaking role. The Supreme Court's 1918 judgment should no longer be followed to the extent that it allows courts to accept near unlimited delegation of Parliament's lawmaking powers to the executive. Instead, and to that extent, the judgment should be seen as an historical anachronism, a holding that was suitable for a young country in the context of the First World War but now out of step with the constitutional role of Parliament as seen through the contemporary approach to constitutional interpretation. Courts and Parliament must take delegation more seriously, and constitutional safeguards should be established to better protect the role of Parliament as lawmaker in chief and restore the proper constitutional balance. Achieving this goal would be a major advance toward the democratic, representative and accountable federal lawmaking process contemplated by the Constitution. It is possible through reforms to strengthen the judicial scrutiny of the vires of regulations and creating effective parliamentary mechanisms to scrutinize and supervise the exercise of delegated lawmaking powers. [ABSTRACT FROM AUTHOR]

The article discusses prospect of using delegated legislation post-Brexit. Topics discussed includes proposal of the Lord Chancellor to modify the eligibility criteria for civil legal aid in England and Wales, constitutional basis for judicial review of secondary legislation, and legality of secondary legislation.

This article analyzes theater censorship in Rio de Janeiro between 1907 and 1930, specifically from its moral aspects and its impact on shows. Official (regulations, decrees and laws), bibliographical (legal works), hemerographic and police sources (originals of shows analyzed and annotated by the police authorities during the censorship process) are used. It is noteworthy that the various interdictions of expressions, scenes and shows were carried out based on moral criteria, with the objective of avoiding the representation of sensitive themes, such as female sexuality, marital intimacy and homoaffective relationships. It is also concluded that moral concerns, present in censorship activities during the period under analysis, coexisted with the adoption of conciliatory measures, used to contemplate the growing social acceptance of eroticism and sensuality, especially during the 1920s. [ABSTRACT FROM AUTHOR]

The aim of this study is to assess the administrative management and organizational fortification within the Educational Unit Nuestra Señora Del Carmen Canton Lomas de Sargentillo. This evaluation is anchored in the theoretical framework of administrative regulations concerning the annual structural plan. The goal is to gauge the current status of administrative management and organizational strength, particularly in the context of performance monitoring, by identifying deficiencies in control and supervision across various activities. The methodologies employed in this research encompass a range of essential approaches: investigative, qualitative-quantitative, bibliographic, inductive, statistical, analytical, and descriptive. Additionally, techniques such as interviews and surveys were applied to key stakeholders including authorities, teaching staff, and parents of the Educational Unit. These approaches aimed to collect comprehensive data and determine the current institutional standing. The analysis of this data revealed several findings aligning with the research objectives. Consequently, to address these identified deficiencies, it's concluded that implementing meticulous controls for each subject taught by teachers is imperative. These controls would focus on ensuring compliance with the annual curriculum plan, thereby providing evidence of the processes and methodologies to be executed throughout the academic period. [ABSTRACT FROM AUTHOR]

The article analyzes lockouts and strikes in Uruguayan and comparative law. The importance of both figures in collective labor law is highlighted. Two important lockout cases in Uruguay are mentioned: the road blockades by truck drivers in 2002 and the lockout by the Confederation of Cargo Transport Employers in 2006. A lockout is the voluntary and unilateral closure of a company by the employer in response to a strike. It is not constitutionally regulated in Uruguay, but it is regulated by Law 13.720. The Urgent Consideration Law (19.889) establishes limits for the exercise of strikes. The ILO supports lockouts and establishes that salary deductions should be proportional to the time worked. In Uruguay, case law establishes that a lockout does not exempt the employer from the obligation to pay wages. In other countries such as Argentina and Chile, lockouts are regulated in more detail. In Spain, it is constitutionally recognized and regulated by Royal Decree Law 17/1977. In France, it is not provided for in legislation, but case law allows its use in cases of serious danger to workers. [Extracted from the article]

In its judgment of 22 February 2023, the Constitutional Court declared that the Valencian authorities having authority to regulate first-refusal rights on certain transfers of housing does not encroach on the competences of the State or of other autonomous regions, does not infringe ownership rights and can be regulated by decree-law rather than formally and materially through a law. Regulating this right is a matter of legislative policy on housing based on the existing circumstances that justify it. [ABSTRACT FROM AUTHOR]

In June 2022, the UK Government enacted Regulations purporting to remove the offence of introducing or supplying workers to cover those on strike. In R. (Associated Society of Locomotive Engineers and Firemen) v Secretary of State the High Court held that the decision-making process preceding the enactment of the Regulations was unlawful and quashed them. This analysis outlines the case, with a particular focus on the central role played by the existence of a statutory duty to consult in the court's reasoning and the extent to which third party interests were considered in the course of determining the proper remedy. [ABSTRACT FROM AUTHOR]

On August 29, 1846, Peruvian president Ramón Castilla issued a decree honoring Juan Pablo Cabrera, an interim priest from the Macusani district of Puno. The decree recognized the priest's long-standing endeavor to cross the wild vicuña with the domesticated alpaca. The exquisite quality of the fiber and the tractable nature of this new hybrid animal gave rise to the hope that it might become a valuable resource, and therefore Peru was indebted to the priest and his service on behalf of the young republic. This essay examines Cabrera's venture, the creation of the paco-vicuña, and its emergence onto the national and international scene in the 1840s. Cabrera's paco-vicuña endeavor highlights the importance of local ventures, knowledge, and expertise, and shows how these were deeply entangled in contemporary intellectual and political projects, especially those concerning mestizaje and nation formation, as well as international scientific and economic interests of the time. [ABSTRACT FROM AUTHOR]

This paper deals with the origins of the non-delegation principle of legislative powers, with reasons for withdrawal from a strict conception of this principle and with the nature of delegation that pervades in today's states. The paper points to changes in the constitutional and legal levels that have introduced a form of the so-called Henry VIII clause. Because the Executive can by this clause amend or repeal primary legislation, it was/is in the view of many lawyers unconstitutional, although it appears in the legislation more and more often and it is almost the same as executive orders. This clause cannot be a problem for the constitutional separation of power, if we look at it not as a point of separation but as a division of labour, in the terms of responsible government, where Parliament still controls and approves the operations of the Executive, while additional measures for control from the other stakeholders can also be accepted. [ABSTRACT FROM AUTHOR]

The article "Special Needs Radiation Therapy" deals with the legal aspects regarding the employment approval in the special needs for radiation therapy. A specialist doctor applied for the approval of another specialist doctor due to increased number of patients, but was rejected. The court decided that the requirements are strictly based on the need situation. It was found that the administrative regulations in radiation protection law only have an indicative function. [Extracted from the article]

As Europe begins to emerge from the Covid‐19 pandemic, two trends are clear: one, labour market reform is urgently needed, to cope with new economic and technological realities; and two, big government is back. The recent decision of the Irish Supreme Court in Náisiúnta Leichtreach Contraitheoir Éireann v Labour Court illuminates the relationship between collective bargaining and the regulatory state. In potentially one of the most important decisions in Irish labour law in decades, the Court rejected a constitutional challenge to legislation aimed at empowering social partners to regulate economic sectors through collective bargaining. This article situates that decision within recent scholarship on the 'labour constitution' model of labour law, under which the social partners should participate in economic governance. It also highlights the relevance of the decision for the 'Social Europe' agenda and the political economy of both national constitutional law and the EU internal market. [ABSTRACT FROM AUTHOR]

Royal Decree-Law 5/2023 of 28 June repeals Law 3/2009 of 3 April and introduces new regulation in the field of structural modifications such as the transposition of Directive (EU) 2019/2121 of the European Parliament and of the Council of 27 November 2019 amending Directive (EU) 2017/1132 as regards cross-border transformations, mergers and spin-offs. This article gives an overview of the main changes brought about by this new regulation. [ABSTRACT FROM AUTHOR]

Royal Decree-Law 5/2023 of 28 June has implemented a number of legislative reforms. From a procedural perspective, in addition to introducing various measures for legal professionals to achieve a better work-life balance, cassation appeals have been completely reformed in all jurisdictions, especially in the civil jurisdiction. Royal Decree-Law 5/2023 aims to simplify and rationalise the work of the Supreme Court's various chambers, reduce their response times, and heighten their function in developing case law, rejecting cases that do not warrant the involvement of the highest-instance court of the judicial system. With this reform, lawyers will need to be familiar with how the various chambers interpret these rules and make their cassation appeals more concise and to the point. [ABSTRACT FROM AUTHOR]

The article discusses a new government decree in the Czech Republic that promotes agroforestry, combining elements of agriculture and forestry. The decree, effective from June 1, 2023, outlines conditions for implementing agroforestry measures and provides subsidies for establishing and maintaining agroforestry systems. It allocates 127 million Czech crowns until 2027 for agroforestry funding and allows farmers to apply for subsidies of 4353 EUR per hectare.

The overly aggressive use of force by police on African Americans illustrates a fundamental dissonance within the American polity. The ideal of justice and liberty juxtaposed with the reality of suffering and death at the hands of frontline law enforcement. This paper considers the relationship between administrative rules, policing, and racial disparities in the application of the use of force in the United States through the lens of social equity. The article details the racialized nature of use of force and suggests a possible way forward for administrators to address the unequal application of force by police in their encounters with African Americans. Specifically, the creation of processes that limit discretion related to the use of force, the establishment of uniform licensing standards, and the implementation of a database that tracks all incidents when force is used. [ABSTRACT FROM AUTHOR]

During the construction of China's society ruled by law, in order to cope with the long-lasting conflict between legal norm and social reality, two different reform models “benign unconstitutionality” and “delegated legislation” have appeared successively. In virtue of the transition process of reform model, this paper relatively systematically reviews research documents and combs through governmental documents aiming at the problem of legal restrictions faced by right circulation of collective construction land usage. The basic research conclusion of this paper proves that, the strict restriction of existing legal norms on collective construction land circulation has induced invisible circulation of collective construction land. Facing widely existing problem of invisible circulation, some local governments have launched the “co-equal market” model to break through the restriction of existing law by means of benign unconstitutionality; under the “delegated legislation” model, “co-equal market” model has been promoted in pilot areas of reform. In the section of collective construction land usage right transfer, “same right for same land” with state-owned construction land has been preliminarily realized, but in the sections of usage right leading, transfer and mortgage, etc., there is still the problem of lack of follow-up management system. [ABSTRACT FROM AUTHOR]

This article brings classic constitutionalism to an analysis of delegated legislation in the European Union. To facilitate such a constitutional analysis, it starts with a comparative excursion introducing the judicial and political safeguards on executive legislation in American constitutionalism. In the European legal order, similar constitutional safeguards emerged in the last fifty years. First, the Court of Justice developed judicial safeguards in the form of a European non-delegation doctrine. Second, the European legislator has also insisted on political safeguards within delegated legislation. Under the Rome Treaty, 'comitology' was the defining characteristic of executive legislation. The Lisbon Treaty represents a revolutionary restructuring of the regulatory process. The (old) Community regime for delegated legislation is split into two halves. Article 290 of the Treaty on the Functioning of the European Union (TFEU) henceforth governs delegations of legislative power, while Article 291 TFEU establishes the constitutional regime for delegations of executive power. [ABSTRACT FROM AUTHOR]

The study purpose is to analyze the principles of administrative procedure and proceedings established in the Administrative Procedural Code of the Republic of Kazakhstan, as well as to identify recommendations for their improvement in legislation and in law enforcement practice. The concept and principles of administrative procedure and proceedings are analyzed, and deficiencies in the legal regulation of administrative procedure and proceedings principles are revealed. The study proceeds from the assumption that the existing set of principles of administrative procedure in the Republic of Kazakhstan, set out in the new Administrative Procedure and Processual Code of the Republic of Kazakhstan, limit the possibilities for protecting the rights of citizens in the administrative and procedural order. Being limited to the existing set, they significantly narrow the possibilities for improving administrative and legal norms in the future. Based on the review of specialized foreign legislative regulation in the field of administrative procedure, the study gives grounds to say that when developing a new act, the Kazakh legislator did not use positive foreign experience. The experience of Kazakhstan can be used in other countries that are faced with the need to reform or develop administrative procedural regulations. [ABSTRACT FROM AUTHOR]

Los Glaciares and Perito Francisco Pascasio Moreno National Parks are spaces with a strong regulatory system and nature in dispute. Taking this into account, this article analyzes the different laws and decrees that regulate the production of its limits, the conflicts between the National Parks and the province of Santa Cruz administrations, and the consequences for the development of activities by other land agents. Firstly, documentation was reviewed and, then, interviews and observation were conducted in each park. The obtained results allowed to indicate that the territorial lack of control resulting from normative ambiguity has diminished the exercise of institutional power and enabled the advancement of commercial frontiers typical of neoliberal conservation, primarily in Los Glaciares National Park. [ABSTRACT FROM AUTHOR]

Our main aim is to identify the key features of spatial disputes concerning decisions on building conditions that concluded with a court decision. Parties to such planning disputes, directions of court decisions and territorial regularities were all identified. Both the database of administrative rulings of the Supreme Administrative Court (391 judgments in 205 municipalities) and data on local spatial planning documents (2.5 million decisions in 2,477 municipalities in Poland) were used. The results show that the initiators of planning disputes concluded in court are mainly property owners and their neighbours. Courts are more likely to uphold an investor's complaint. [ABSTRACT FROM AUTHOR]

In this article, the administrative review mechanism under the 'old' and the 'new' Aarhus Regulation is analysed. It is argued that the mechanism still raises concerns, among others, regarding impartiality and fairness, as required by the Aarhus Convention (the 'old problems'). The conclusion is that although the Aarhus Regulation administrative review mechanism was introduced in order to strengthen access to justice in environmental matters in the EU legal system, it does not significantly contribute to this aim. Instead, it constitutes the mechanism of self-review for the EU institutions and bodies. Nevertheless, it is argued that this failure is inevitable and lays down in its very foundations. In practical terms, it seems that the mechanism designed to 'provide for access to judicial or other review procedures for challenging acts and omissions by private persons' effectively contributes to another than access to justice component of environmental democracy, mainly access to information. [ABSTRACT FROM AUTHOR]

The article provides information on the official languages and delegated legislation in Canada. Under the protection of the Canadian federal Department of Justice, a major research project has been undertaken to identify legislative instruments that must, under the terms of the Legislative Instruments Re-enactment Act, be repealed and re-enacted in both official languages in order to ensure their constitutional validity. Furthermore, the Constitution Act, 1867 is as subsequently amended, the major written element of the country's constitution.

Focuses on the assessment of the historical development of the delegated legislation in parliamentary government systems in Canada. Significance of the passage of the miniature Acts of Parliament and the works of Lord Hewart on the changes made on the political system; Insights on the parliamentary powers of government departments; Details of the reforms made by virtue of the Donoughmore Committee reports with regards to delegation of legislation, sub-delegation, and parliamentary scrutiny.

This research focuses on studying the most important organizations established by the Iraqi monarchy government in 1920 and their impact on various regions in Iraq, including Basra as an integral part of the local administration. Under these new administrative regulations, Basra became a separate administrative unit managed directly by the governorate's administration, which played a significant role in the urban and civic development of Basra city through its efforts to accomplish numerous urban and service projects that benefitted the people of Basra in general. [ABSTRACT FROM AUTHOR]

With the approval of Decree-Law 11/2023, of 10 February 2023, the Portuguese Government has simplified environmental licencing within the context of the SIMPLEX programme. The purpose of this Decree-Law is to strengthen Portugal's competitiveness and attract national and foreign investment, as well as accelerating the transformation measures required in a context of energy crisis. In this article, we present a brief description and analysis of the changes introduced in various legal provisions, with particular emphasis on the regulations applicable to the public authorities' activity, the regulations on environmental impact assessment, the environmental licencing regime and the legal regime of water resources. [ABSTRACT FROM AUTHOR]