12,789 results on '"Delegated legislation"'
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52. Optimal Design of Contingent Capital: 1.
- Author
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Melin, Lionel and Panjwani, Ahyan
- Subjects
CONVERTIBLE bonds ,CAPITAL structure ,CAPITAL requirements ,BANK capital ,DELEGATED legislation - Abstract
This paper proposes a parsimonious framework for designing contingent capital contracts (CoCos). CoCos designed this way (i) are either optimal or incentive compatible for equity holders, (ii) implement a unique equilibrium, and (iii) result in an optimal capital structure for the firm. We consider CoCos with equity conversion and write-down modalities. Equity conversion CoCos are optimal; write-down CoCos are incentive-compatible. Both types of CoCos can be implemented by exogenously specifying a capital ratio rule that triggers conversion and, hence, qualify as additional tier 1 (AT1) capital. A policymaker can use a normative criterion, e.g., capital ratio after conversion, to determine the desired capital ratio rule ex-ante. Given the policymaker’s choice of the capital ratio rule, our model pins down the CoCo that respects (i), (ii), and (iii). We show that including such a CoCo in the firm’s capital structure increases its optimal levered value while making it more resilient to bankruptcy. Lastly, CoCos in this framework are time-consistent. This characteristic alleviates the risk of renegotiation by stakeholders and removes the uncertainty of a discretionary trigger: precisely what spooked markets during the run on Credit Suisse in March 2023. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
53. Sentencia del Tribunal Superior de Justicia de Galicia, de 17 de noviembre de 2022 (Sala de lo contencioso administrativo. Sección 2ª. Ponente: María Azucena Recio González).
- Author
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Sánchez González, Jennifer
- Subjects
- *
LEGAL judgments , *SUPERIOR courts , *DAMAGES (Law) , *DELEGATED legislation , *PERIODICAL articles - Abstract
The article in the magazine "Environmental Legal News" presents the ruling of the Superior Court of Justice of Galicia dated November 17, 2022, in which a contentious-administrative appeal related to the illegal occupation of a stream bed by a quarry is resolved. The ruling imposes an administrative penalty on the former owner of the quarry and establishes the obligation to restore the site to its original state, with the possibility of subsidiary execution by two commercial entities. The judicial decision highlights the responsibility of current holders of mining rights in repairing damages to the public hydraulic domain, even if the damages were caused by previous concessionaires. [Extracted from the article]
- Published
- 2024
54. The (new) normal under the state of emergency in Timor Leste
- Author
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Sousa da Cunha, Ricardo
- Published
- 2022
55. Tatsachenkenntnis des Erstbeurteilers durch Information des Fachvorgesetzten des zu Beurteilenden.
- Author
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Tiller, Claudia
- Subjects
- *
ADMINISTRATIVE courts , *DELEGATED legislation , *CIVIL service , *INTELLIGENCE service , *FEDERAL courts - Abstract
The article deals with a legal dispute regarding the legality of a standard assessment at the Federal Intelligence Service (BND). The plaintiff, a civil servant, was appointed as a government councillor in January 2018 and was transferred to the position of lifetime civil servant in October 2020. The standard assessment for the plaintiff was revoked because it also covered a period during his probationary period. The new standard assessment resulted in an overall grade of 2, and the objection and lawsuit against the assessment were unsuccessful. The Federal Administrative Court ruled that the administrative court's control of an official assessment is limited to whether the employer has violated procedural rules or made irrelevant considerations. It is emphasized that official assessments can be flawed if the assessor relies on incorrect facts or misunderstands the scope of the assessment. [Extracted from the article]
- Published
- 2024
56. امتناع ا لادارة عن تنفيذ ا أ لحكام القضائية.
- Author
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سأكار حسين كاكه م د
- Subjects
- *
LEGAL judgments , *PUBLIC administration , *DELEGATED legislation , *JUSTICE administration , *RESPECT - Abstract
The issue of failure to implement judicial rulings issued by the administrative judiciary, it is considered one of the modern problems, and it is one of the vital topics because of the importance in knowing the extent to which the public administration respects the rulings of the judiciary, thus, it respects the principle of legality, and the administration carries out all its actions in accordance with the law, as the administration's commitment to the principle of legality and the administration's submission to the law, if it indicates anything, indicates the extent of the administration's effectiveness in carrying out its work and activities, Among those duties that are obligatory for the administration is its implementation of any ruling issued by the administrative judiciary. In contrast to that, the administration's work is considered to be in violation of the principle of legality and is subject to challenge by cancellation, and sometimes a claim for compensation for it if an individual is exposed to certain damage as a result of refraining from implementing it. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
57. Legislation.
- Subjects
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DELEGATED legislation , *LEGISLATIVE amendments , *FOOD production , *FOOD safety , *FOREIGN trade regulation - Abstract
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.
- Published
- 2024
58. Neutralizing the tentacles of organized crime. Assessment of the impact of an anti-crime measure on mafia violence in Italy.
- Author
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Baraldi, Anna Laura, Papagni, Erasmo, and Stimolo, Marco
- Subjects
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ORGANIZED crime , *MAFIA , *VIOLENCE , *POLITICAL corruption , *LAW enforcement , *DELEGATED legislation - Abstract
Organized crime tightens its corrupting influence on politics through violent intimidation. Anti-crime measures that increase the cost of corruption but not of the exercise of violence might, on the one hand, lead mafia-style organizations to retaliate by resorting to violence in lieu of bribery. On the other hand, this kind of anti-crime measure might also induce criminal clans to go inactive, owing to the lower expected payoff from the "business" of influencing politics, which would reduce violence. To determine which of these possible effects is prevalent, we undertake an empirical assessment of the impact of city council dissolution for mafia influence in Italy as prescribed by Decree Law 164/1991 in discouraging violence against politicians in the period 2010–2019. The difference-in-differences analysis shows that in the dissolved municipalities the enforcement of the Law reduces violence and that the effect persists (at least) for seven years after the compulsory administration. The most likely driving channel of this result is the renewed pool of politicians elected after compulsory administration. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
59. Danıştay Kararları Işığında İdari Yargıda Tazminata İşletilecek Faizin Başlangıç Tarihi.
- Author
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BAĞRIAÇIK, Ahmet
- Subjects
ADMINISTRATIVE law ,CIVIL law ,PROPERTY rights ,DELEGATED legislation ,DEBTOR & creditor - Abstract
Copyright of Ankara Barosu Dergileri is the property of Ankara Bar Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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- 2024
- Full Text
- View/download PDF
60. DERECHO Y POLÍTICAS AMBIENTALES EN LA COMUNITAT VALENCIANA (SEGUNDO SEMESTRE 2024).
- Author
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SISTERO RÓDENAS, SARA
- Subjects
CLIMATE change laws ,ENVIRONMENTAL quality ,ANIMAL welfare ,DELEGATED legislation ,URBAN planning - Abstract
Copyright of Revista Catalana de Dret Ambiental is the property of Universitat Rovira I Virgili and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
61. DERECHO Y POLÍTICAS AMBIENTALES EN CASTILLA Y LEÓN (SEGUNDO SEMESTRE 2024).
- Author
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SANZ RUBIALES, IÑIGO
- Subjects
FOREST protection ,DELEGATED legislation ,ENVIRONMENTAL law ,PERIODICAL articles - Abstract
Copyright of Revista Catalana de Dret Ambiental is the property of Universitat Rovira I Virgili and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
62. 2017 Anayasa Değişiklikleri Sonrası 1982 Anayasası'nda Yetki ve Görev Olarak Yürütme.
- Author
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Göçgün, Muhammed
- Subjects
EXECUTIVE power ,PRESIDENTIAL system ,PRESIDENTIAL administrations ,CONSTITUTIONAL amendments ,DELEGATED legislation - Abstract
Copyright of Sakarya University Journal of Law Faculty (SHD) is the property of Sakarya University Journal of Law Faculty (SHD) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
63. Mapping Bureaucratization of Religion in Southeast Asia: Historical Trends and Contemporary Implications.
- Author
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Bhat, Waseem Ahmad and Majid, Shazia
- Subjects
RELIGION & state ,CULTURAL pluralism ,BUREAUCRATIZATION ,RELIGIOUS institutions ,DELEGATED legislation ,FREEDOM of religion - Abstract
Introduction: The bureaucratization of religion represents a significant and often underexplored dimension of governance in Southeast Asia. This study delves into the administrative regulation of religious practices and institutions in Indonesia, Malaysia, Singapore, and Thailand, as highlighted in the September 2023 United States Commission on International Religious Freedom (USCIRF) report. By focusing on these countries, the paper aims to elucidate the broader implications of bureaucratization on freedom of religion and belief (FoRB). Methods: A qualitative research methodology was employed, involving a critical review of the September 2023 USCIRF report and other relevant literature. The study analyzed governmental policies, administrative measures, and their impact on religious practices and FoRB. Comparative analysis across the four countries was conducted to identify common patterns and unique deviations in the bureaucratization process. Results: The study found that the bureaucratization of religion in Indonesia, Malaysia, Singapore, and Thailand is characterized by intricate administrative controls over religious institutions and practices. Key features include registration requirements, restrictions on religious gatherings, and monitoring of religious discourse. These measures, while varying in form and intensity across the countries, collectively impose significant limitations on FoRB. The analysis revealed that these administrative controls are strategically employed by governments to regulate religious expression and maintain socio-political stability. Discussion: The findings underscore a substantial threat posed by the bureaucratization of religion to FoRB and related human rights. The nuanced use of administrative measures enables governments to subtly control and restrict religious practices without overtly violating international norms. This regulatory approach not only curtails individual freedoms but also affects the overall religious landscape, influencing cultural diversity and inter-religious relations. The study enhances the understanding of the complex interplay between religion and state, highlighting the need for more robust mechanisms to protect FoRB in the region. Conclusion: The bureaucratization of religion in Southeast Asia presents a profound challenge to FoRB. By critically examining the practices in Indonesia, Malaysia, Singapore, and Thailand, this study provides valuable insights into the administrative strategies used to control religious discourse. The research underscores the importance of addressing these issues to safeguard religious freedoms and promote a more inclusive and respectful religious landscape in Southeast Asia. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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64. Unlocking the Black Box: Navigating the Boundaries of Judicial Review of Regulations Post-Vavilov.
- Author
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Matheusik, Andre
- Subjects
ADMINISTRATIVE law ,JUDICIAL deference ,SEPARATION of powers ,DELEGATED legislation ,JUDICIAL review - Abstract
This article examines the judicial review of delegated legislation after the Supreme Court of Canada’s 2019 landmark administrative law decision Canada (Minister of Citizenship and Immigration) v Vavilov. Using environmental regulations as an example, the article focuses on Cabinet-enacted regulations—a delegated instrument that has traditionally demanded significant judicial deference on review—and considers the recent trend of appellate courts to follow Vavilov’s presumption of reasonableness when determining the standard of review. Delegated legislation is an important, but not often discussed, tool for Canadian legislatures to implement and create laws via the executive branch of government. However, because of Canada’s flexible relationship between the legislature and the executive, this important lawmaking tool may sometimes become a backdoor method for governments to create laws that would not be politically desirable for the legislature to pass directly, where they would be open to criticism, debate, and vote. While critics might view judicial interference with the legislature and executive’s delegation relationship as inappropriate, I argue that a more searching judicial review of regulations under Vavilov strengthens the separation of powers and upholds the rule of law. Although courts will not question the policy wisdom of delegates, Vavilov’s reformulated reasonableness constraints may require the executive to more thoroughly justify their delegated lawmaking through the regulatory record. Under this approach, the legislative branch still maintains sovereignty. Subject to the visibility of primary lawmaking, legislatures may ultimately restrict judicial review to the extent constitutional via legislated standards of review. [ABSTRACT FROM AUTHOR]
- Published
- 2024
65. Constraints on Mechanical Fuel Reduction Treatments in United States Forest Service Wildfire Crisis Strategy Priority Landscapes.
- Author
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Woolsey, George A, Tinkham, Wade T, Battaglia, Mike A, and Hoffman, Chad M
- Subjects
FOREST reserves ,LANDSCAPES ,DELEGATED legislation ,WILDFIRES ,PROTECTED areas ,AT-risk youth - Abstract
The USDA Forest Service recently launched a Wildfire Crisis Strategy outlining objectives to safeguard communities and other values at risk by substantially increasing the pace and scale of fuel reduction treatment. This analysis quantified layered operational constraints to mechanical fuel reduction treatments, including existing vegetation, protected areas, steep slopes, and administrative boundaries in twenty-one prioritized landscapes. Results suggest that achieving the objective to treat 20%–40% of high-risk area is unlikely in most landscapes under a business-as-usual approach to mechanical fuel reduction treatments. Increased investment in steep-slope systems and expanded road access opens sufficient acreage to meet treatment objectives in eighteen of twenty-one priority landscapes. Achieving treatment objectives in the remaining three landscapes will require both increased investment to overcome physical constraints and navigating administrative complexities within reserved land allocations to implement fuels treatments at the pace and scale needed to moderate fire risk to communities. Study Implications: Legal, operational, and administrative factors have hindered the implementation of proposed wildland fire risk reduction management actions. Investing in steep-slope systems, expanding use of temporary roads, and revising administrative rules to allow for appropriately tailored mechanical thinning in special conservation areas are possible ways to meet fuel reduction treatment objectives of the USDA Forest Service Wildfire Crisis Strategy in twenty-one landscapes across the western United States. Broadening the land base available for mechanical treatment allows for flexibility to develop treatment plans that optimize across the multiple dimensions of effective landscape-scale fuel treatment design and restore fire as a key ecosystem process. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
66. The Consideration of Arbitration Decisions and awards as Official Documents.
- Author
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Alabdallat, Faisal and Alqaisi, Mohammed
- Subjects
ARBITRATION & award ,DISPUTE resolution ,CONSCIOUSNESS raising ,ADMINISTRATIVE procedure ,DELEGATED legislation - Abstract
Arbitration is one of the important laws prevalent in ancient and modern times because of its effective role in resolving disputes at the local and international levels. Official documentation is considered a legal process, the document can be authenticated by a legal authority or a recognized legal certification. This work aims to study and understand the concept of arbitration, how it is organized, and the considerations of its decisions as official documents. The researchers used the descriptive and analytical approach to the provisions and laws of Jordanian evidence. Researchers have concluded that arbitration decisions are considered official documents if they follow the necessary legal and administrative rules and procedures for documenting them. Accordingly, arbitration decisions are considered official documents and their rulings are implemented as stated in the Jordanian Arbitration Law. Researchers recommend enhancing legal awareness of the importance of arbitration as an effective means of resolving local and international disputes. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
67. The Strategy of Establishing E-government and Developing the Performance of Public Administration.
- Author
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Nayef Alakash, Mohammad Ahmad, Ahmad Abuirmilah, Bassam Moh'd, Al-Zubaidi, Khalid, Alkhawaldeh, Ala, and Suleiman Al daraiseh, Abdel Karim Moh'd
- Subjects
PUBLIC administration ,INTERNET in public administration ,DELEGATED legislation ,JUSTICE administration ,ADMINISTRATIVE law - Abstract
This paper illustrates the factors contributing to developing an integrated strategy for the successful implementation of e-government in practice. Method: To achieve this, this study follows a comprehensive descriptive and developmental approach to the performance of e-government to identify the modern and requirements for implementing the e-government system. Therefore, the study focuses on modern concepts and new methods of electronic government, which led to the emergence and development of electronic management. Results and conclusion: The results indicated that new institutions and modern legislation appeared that regulate the relationship between e-government and public administration on the one hand and its relationship with citizens and companies on the other hand. The study concluded that it is necessary to activate legislative practices to achieve an integrated legal system for e-government. This is done by developing the rules of administrative law and establishing modern electronic administrative legislation that regulates all public administration activities, in addition to establishing and developing electronic constitutional regulations that consolidate the principles of democracy, political unity, and accountability. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
68. Security, Social Policy, Agency and Work of the Courts in Relation to Ukrainian Internally Displaced Persons.
- Author
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Krakhmalova, Kateryna
- Subjects
INTERNALLY displaced persons ,LEGAL judgments ,INTERNAL migrants ,DELEGATED legislation ,SOCIAL & economic rights - Abstract
The following article is dedicated to the empirical case study from Ukraine and focuses on the work of Ukrainian courts resolving the cases of internally displaced persons in the realm of social policy. Based on interviews and secondary sources in terms of data, it explains the problem area of the legal regulations and administrative practices applicable to internally displaced Ukrainians in the sphere of social rights, and it analyses selected decisions of the courts in the cases brought by them, including the courts' approaches, motivations and limitations, all while doing so from the combined perspective of security, law and internal migrants' agency. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
69. One Rule to Rule Them All: Subordinate Legislation and the Law of Judicial Review.
- Author
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Mancini, Mark P.
- Subjects
LEGISLATION ,JUDICIAL review ,DELEGATED legislation ,LAW ,REGULATORY approval ,ADMINISTRATIVE acts ,EXECUTIVE power ,JUDICIAL review of administrative acts - Abstract
The article specifies the rule-regime for the context of subordinate legislation and the law of judicial review around legislative delegation using the Vavilov case. Topics discussed include principles and doctrinal design of rule-regime for administrative actions such as executive legislation, Vavilovian reasonableness concerning the principles of statutory interpretation and legal scope of regulatory action, Vavilov's constitutional commitments, and review of subordinate instruments.
- Published
- 2024
70. АДМІНІСТРАТИВНО-ПРАВОВІ АСПЕКТИ ДІЯЛЬНОСТІ РЕЛІГІЙНИХ ОРГАНІЗАЦІЙ УКРАЇНИ В УМОВАХ ПРАВОВОГО РЕЖИМУ ВОЄННОГО СТАНУ
- Author
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І. М., Шопіна
- Subjects
MILITARY chaplains ,MARTIAL law ,DELEGATED legislation ,RELIGIOUS institutions ,MILITARY personnel - Abstract
The purpose of the article is to define the administrative and legal aspects of the activities of religious organizations of Ukraine under the legal regime of martial law. The article identifies the peculiarities of administrative and legal regulation in the field of activity of religious organizations in modern conditions. The author considers the increasing role of mechanisms of administrative prevention of the negative impact of religious worship on the formation of a child's personality. Attention is focused on the state regulation of religious rights of military personnel in the combat zone. The author highlights the peculiarities of the mechanism of prohibitions related to the activities of organizations, including religious ones, which have close ties with the aggressor state. The author establishes that the administrative and legal component is traced in some peculiarities of legal regulation of administrative and legal regimes, namely, the legal regime of martial law in systemic connection with the right of citizens to profess beliefs which deny the use of weapons. The author concludes that the legislation regulating the activities of religious organizations has numerous flaws and gaps that do not correspond to the significance of the risks to national security arising from the exercise of religious rights and freedoms of citizens. The administrative and legal status of religious organizations now requires rethinking and taking into account the following trends: a) the need to protect the rights and interests of a child whose parents profess a religion whose observance of the tenets may cause harm to the child's health or mental development; b) establishing a feedback loop between quotas for the appointment of military chaplains and the effectiveness of ensuring the religious rights of military personnel; c) strengthening the role of administrative and legal means in ensuring compliance by the Ukrainian Orthodox Church (in unity with the Moscow Patriarchate) with the requirements of national legislation; d) setting out the Law of Ukraine "On Alternative (Nonmilitary) Service" in a new version that would take into account the current peculiarities of military service. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
71. ОСОБЛИВОСТІ АДМІНІСТРАТИВНО-ПРАВОВОГО РЕГУЛЮВАННЯ ЗАБЕЗПЕЧЕННЯ ЗБЕРЕЖЕННЯ ОРГАНАМИ МІСЦЕВОГО САМОВРЯДУВАННЯ КУЛЬТУРНОЇ СПАДЩИНИ УКРАЇНИ В УМОВАХ ВІЙНИ
- Author
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А. В., Баско
- Subjects
CULTURAL maintenance ,CULTURAL identity ,CULTURAL property ,CULTURAL activities ,DELEGATED legislation - Abstract
The article clarifies the legal basis for ensuring the proper functioning of the cultural heritage preservation system by local self-government bodies; the powers of local self-government bodies regarding the proper functioning of the system for ensuring the preservation of cultural heritage are defined; directions for improving their administrative and legal regulation are defined. As a result of the study, it was established that the areas of improvement in the implementation of state policy by local self-government bodies in the field of culture should include: 1) legislative unification in the field of culture; 2) the creation of a publicly accessible integrated information base of cultural institutions, the launch of a single portal of the Ministry of Culture, which would highlight the announcements of all cultural events aimed at the development of culture in Ukraine, because currently such announcements are made only by commercial structures that organize concert events in Ukraine on their websites; 3) conducting an inventory of the material and technical base of communally owned cultural institutions (identification of cultural institutions that need to be reduced or merged with more powerful specialized institutions, while it is necessary to preserve the specialization of this cultural institution, improve the state of material and technical support for the work of its employees, however to optimize by reducing the administrative staff of such institutions; 4) development of a transparent and open procedure for the calculation and distribution of cultural subsidies from the Ministry of Culture of Ukraine to cultural institutions and vice versa; 5) updating the classification categories of personnel in the field of culture, according to which the salary grid will be formed (because today there is a significant distortion in the salary of some cultural institutions that are financed from the state budget and those that are on the balance sheet of local government; 6) promotion of the development of private institutions of culture (museums, galleries, exhibition centers, theaters, choreographic and music studios) and their receipt of subventions in terms of their provision of narrowly focused cultural services. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
72. PRAVNO UREÐENJE I PROVEDBA UPRAVNOG NADZORA NAD KOMORAMA U ZDRAVSTVU.
- Author
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Džinić, Jasmina
- Subjects
PROFESSIONS ,DELEGATED legislation ,PROFESSIONAL associations ,SUPERVISION ,CROATS - Abstract
Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
73. (Im)prescindibilidade de um marco legal e da regulação administrativa do uso da IA no Brasil: análise a partir da Resolução nº 332 do CNJ.
- Author
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de Oliveira Teixeira, Alan José and Ferreira, Daniel
- Subjects
ARTIFICIAL intelligence ,DELEGATED legislation ,DECISION making ,ADMINISTRATIVE law ,JUSTICE administration - Abstract
Copyright of A&C - Administrative & Constitutional Law Review - Revista de Direito Administrativo e Constitucional is the property of A&C - Revista de Direito Administrativo & Constitucional (Instituto Bacellar) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
74. A qualitative exploration of experts' views about multi-dimensional aspects of hookah smoking control in Iran.
- Author
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Dadipoor, Sara, Alavi, Azin, Eshaghi Sani Kakhaki, Hadi, Shahabi, Nahid, and Kader, Zainab
- Subjects
- *
HOOKAHS , *SMOKING , *ATTITUDE change (Psychology) , *DELEGATED legislation , *JUDGMENT sampling - Abstract
Background: The related literature has primarily addressed cigarette smoking control. It seems that researchers have failed to explore the determinants of hookah smoking (HS) control. In an attempt to fill this gap, the present study explores experts' views about aspects of HS control in Bandar Abbas, a city in the south of Iran. Methods: The present qualitative study, conducted in 2022 and 2023, used a content analysis. To this aim, 30 experts in tobacco prevention and control were invited to participate in the research. Twenty seven accepted the invitation. In-depth, semi-structured, and face-to-face interviews were held with the experts. A purposive sampling was used and the data collection continued until data saturation. The interviews lasted between 18 and 65 min. MAXQDA 10.0 was used for data management and analysis. Results: The expert interviewees had a mean age of 44.77 ± 6.57 years and a mean work experience of 18.6 ± 6.8 years. A total number of six main categories were extracted from the data, including usin influential figures to control HS, controlling HS by alternative activities, changing beliefs and attitudes toward HS, taking administrative and regulatory measures, and facilitating HS cessation. Conclusion: This qualitative study explored the multifaceted ways people adopt to quit HS. Using influential figures to control hookah smoking, promoting alternative activities as a means of control, changing beliefs and attitudes, enforcing administrative regulations, and facilitating quit attempts all play an important role in tackling the prevalence of hookah smoking. These findings emphasize the importance of a comprehensive and multifaceted approach to integrate various interventions to effectively address hookah smoking behavior. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
75. A Doctrinal Approach to Unconstitutional Constitutional Amendments: Judicial Review of Constitutional Amendments in Sweden.
- Author
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Ruotsi, Mikael
- Subjects
- *
JUDICIAL review , *CONSTITUTIONAL amendments , *CONSTITUTIONAL law , *DELEGATED legislation - Abstract
The delegation theory of unconstitutional constitutional amendments, a limited theory of unamendability – Applying a doctrinal approach to justify unconstitutional constitutional amendments – Introducing a typology of unconstitutionality – The practical deficiencies and internal inconsistencies of the delegation theory – The limited role of the doctrine of unconstitutional constitutional amendments in the Swedish context – The redundancy of constituent power as a legal concept [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
76. FOREIGN AFFAIRS, NONDELEGATION, AND ORIGINAL MEANING: CONGRESS’S DELEGATION OF POWER TO LAY EMBARGOES IN 1794.
- Author
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PARRILLO, NICHOLAS R.
- Subjects
- *
DELEGATED legislation , *EMBARGO , *INTERNATIONAL trade , *MARITIME shipping - Abstract
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]
- Published
- 2024
77. ECONOMIC SECURITY AND THE SEPARATION OF POWERS.
- Author
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CLAUSSEN, KATHLEEN and MEYER, TIMOTHY
- Subjects
- *
ECONOMIC security , *SEPARATION of powers , *INTERNATIONAL trade , *DELEGATED legislation - Abstract
The U.S. Constitution grants Congress the power “[t]o regulate Commerce with foreign Nations,” but today the exercise of the foreign commerce power resides primarily with the executive branch. That transfer of control is partly the result of significant delegations of responsibility for managing foreign commerce from Congress to the executive. It is also, however, the result of the securitization of foreign commerce. The executive branch asserts that foreign commerce issues fall under its constitutional powers over foreign affairs, and, thus, that it enjoys authority over foreign commerce that exceeds the scope of congressional delegations. This Article makes three contributions. First, we analyze the development of a trade administrative state charged with managing two sets of broad delegations: to liberalize trade, on the one hand, and to restrict it in the name of “economic security” when the executive deems necessary. Second, we document the way in which the executive branch in recent presidential administrations of both parties has defended those administrations’ trade policies in court by arguing that the president’s independent constitutional powers over (noncommercial) foreign affairs give him license to exercise power over commerce beyond that delegated by Congress, or that congressional delegations should be construed in his favor. The courts, for their part, have often accepted these claims either directly or indirectly. Third, we propose three statutory reforms that Congress could pass to restore balance to the branches’ regulation of foreign commerce: (1) Congress should sunset the president’s imposition of tariffs or other trade restrictions pursuant to economic security statutes after 90 or 180 days without the possibility of renewal unless Congress acts; (2) Congress should prohibit the executive branch from relying on any international agreement as the legal basis under which anygood or service is imported into the United States, exported from the United States, or regulated while in the United States, unless Congress has either explicitly authorized the agreement in advance or approved it after its conclusion; and (3) Congress should eliminate the Federal Circuit’s exclusive jurisdiction over appeals in most trade cases. [ABSTRACT FROM AUTHOR]
- Published
- 2024
78. (SUB)DELEGATING NATIONAL SECURITY POWERS.
- Author
-
DEEKS, ASHLEY S.
- Subjects
- *
NATIONAL security , *LEGAL doctrines , *DELEGATED legislation - Abstract
The President sometimes delegates important constitutional and statutory powers to use force or conduct other national security operations. Although these delegations are understudied, there may be reason for concern. Sometimes the President’s national security subdelegations have been unfaithful to Congress’s strictures. Sometimes the delegations are high stakes, as where President Eisenhower delegated to seven military officials the authority to launch nuclear weapons. Presidents sometimes even resist seemingly reasonable statutory limits on the power to delegate decisions that could lead the United States into armed conflict. National security delegations can be costly. They may diffuse political accountability for high-stakes decisions. The agent may fail to act in a way that reflects the principal’s intent. Inferior officials are generally less sensitive to the full scope of foreign policy concerns that may operate at a given moment. And delegations of war-related decisions to actors below the Secretary of Defense shift control of war from civilian officials to military ones. Classified national security delegations—and congressional efforts to regulate those delegations—raise difficult legal questions, including the extent to which Congress may restrict or require reporting about them. Yet the pressure on the President to delegate authorities to respond to “hyperwar,” and the coming autonomy revolution in which the President may delegate decision making to artificial intelligence systems, will keep delegation questions at the fore. This Article analyzes the legal doctrine and historical practice surrounding presidential national security delegations, the costs and benefits of such delegations, and Congress’s powers to constrain delegations and subdelegations. After identifying gaps in congressional and even presidential awareness of the full range of existing delegations, it proposes ways in which Congress and the President herself can more consistently surface and structure those delegations. [ABSTRACT FROM AUTHOR]
- Published
- 2024
79. Cross-border cooperation of Polish and Czech area-based partnerships supported by Rural Development Programmes: Genuinely international or solely national projects?
- Author
-
Furmankiewicz, Marek and Trnková, Gabriela
- Subjects
- *
RURAL development , *EVIDENCE gaps , *ECOTOURISM , *DELEGATED legislation , *COOPERATION - Abstract
The literature on cross-border cooperation in Europe is predominated by the analysis of the European Union (EU) INTERREG Programmes' results, while other support funds are often neglected. To fill this research gap, the authors undertook the research on cross-border cooperation of the area-based partnerships (Local Action Groups – LAGs) from Poland and the Czech Republic, financed by the Rural Development Programmes (RDPs) 2014–2020. The main purpose of our paper is to identify the rationales for cooperation, strategies to find partners, the scope of activities and obstacles in implementing the joint projects. The qualitative research involved a content analysis of LAG documents and interviews with LAG managers. The actions in twelve identified cooperation projects were mainly related to local traditions, inventory and the promotion of local products and services, the development of tourism and environmental issues. The respondents have emphasised that these actions required separate financing by national RDPs following different administrative rules, even though when constituting the components of a single project. The bureaucratic restrictions resulted in a clear asymmetry of LAGs activities, manifested in a lower involvement of the Czech LAGs. As a result, many projects can be considered as highly unilateral, solely national rather than genuinely international, which has not been the intention of the LAG managers, however. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
80. Balancing the autonomy and protection of children: competency challenges in data protection law.
- Author
-
Pearce, Henry and Buck, Cheryl
- Subjects
- *
DATA protection laws , *DATA protection , *CHILDREN'S rights , *DELEGATED legislation , *LEGAL rights - Abstract
This article considers some complexities surrounding the determination of child competency in matters of data protection. Focusing on the Information Commissioner's Office (ICO) guidelines, the article highlights the apparently pivotal role competency plays in granting children the ability to exercise their data protection rights and interests. The article critically examines the inherent challenges arising from the ICO's approach, emphasising the reliance on data controllers to independently assess the competency of child data subjects. The inherent problematic nature of this approach is scrutinised, shedding light on potential shortcomings and raising questions about the effectiveness and fairness of such assessments. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
81. Presentación del XVI Simposio Internacional del Instituto Martín de Azpilcueta. Principios jurídicos universales y derecho canónico.
- Author
-
Otaduy, Jorge
- Subjects
- *
CANON law , *DELEGATED legislation , *JUSTICE administration , *SEPARATION of powers , *COMMON good , *FREEDOM of expression - Abstract
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]
- Published
- 2024
- Full Text
- View/download PDF
82. Verso la «fusione perfetta». La Sardegna dal particolarismo all'integrazione con la terraferma.
- Author
-
Soffietti, Isidoro
- Subjects
PARTICULARISM (Political science) ,SPANISH Succession, War of, 1701-1714 ,DELEGATED legislation ,HISTORICAL analysis - Abstract
The article focuses on the legal integration of Sardinia with the mainland, highlighting the concept of ‘fusion' from various historical perspectives. Topics include the timeline starting from the end of the War of the Spanish Succession, significant legal milestones such as the Royal Decree of 1848 and the Rattazzi Law of 1855, and the culmination of these processes in the unification of 1865.
- Published
- 2024
- Full Text
- View/download PDF
83. Brazil's Distinct Path in AI Regulation.
- Author
-
Kira, Beatriz and Schertel Mendes, Laura
- Subjects
ARTIFICIAL intelligence ,DELEGATED legislation ,LEGISLATION ,INNOVATION adoption - Abstract
The article focuses on Brazil's unique approach to regulating artificial intelligence (AI) systems, contrasting it with global initiatives such as the European Union AI Act. Topics include the legislative process of Brazil's AI regulation proposal, its institutional design, and how it addresses AI-related risks and innovation challenges.
- Published
- 2024
- Full Text
- View/download PDF
84. European Union ∙ The 'Bouncing Ball' Effect of the EU Artificial Intelligence Act on Employment Relations.
- Author
-
Yusifli, Zahra
- Subjects
ARTIFICIAL intelligence ,DELEGATED legislation ,EMPLOYMENT ,SUPPLY chains - Abstract
The article focuses on the impact of the European Union (EU) Artificial Intelligence Act (AI Act) on employment relations within the EU. Topics include the broad scope of the Regulation covering AI systems in employment, the categorization of AI systems into prohibited and high-risk applications, and the distribution of responsibility among actors in the AI supply chain.
- Published
- 2024
- Full Text
- View/download PDF
85. AIRe 2/2024 (Vol. 1).
- Subjects
GENERAL Data Protection Regulation, 2016 ,ARTIFICIAL intelligence ,ASSOCIATIONS, institutions, etc. ,DELEGATED legislation ,DECISION making - Abstract
The article focuses on the interplay between the European Union Artificial Intelligence Act and General Data Protection Regulation compliance, exploring when and how organizations need to adhere to both regulations. Topics include the ethical governance of AI in the legal sector, emphasizing holistic policy approaches, and the legal constraints involved in AI-powered judicial decision-making.
- Published
- 2024
86. Judicial Threats to Olmstead and the Americans With Disabilities Act.
- Author
-
Mangan, Jean Goetz and Dennis, Andrea L.
- Subjects
AMERICANS with Disabilities Act of 1990 ,LEGAL judgments ,DELEGATED legislation ,CHEVRON USA Inc. v. Natural Resources Defense Council Inc. ,INTEGRATIVE medicine - Abstract
The authors examine the U.S. Supreme Court decision in Olmstead v L.C. ex rel. Zimring and related Supreme Court rulings that could raise questions about the Americans With Disabilities Act's guarantee of care in integrated settings and about which governmental entity's interpretation should be respected when deciding whether a state has met its integration obligation. After reviewing statutes, administrative regulations, and judicial decisions, the authors conclude that Olmstead's integration mandate will likely stand, but actions should be taken to codify the rule in federal and state statutes so that governmental agencies will continue to have the authority to ensure compliance with the mandate. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
87. RESEARCH ON THE LEGAL STATUS OF URBAN GOVERNMENTS: FROM THE PRACTICE OF THU DUC CITY, HO CHI MINH CITY, VIETNAM.
- Author
-
Nguyen Thi Mai Dung, Nguyen Thi Thuy Duong, Phuong Huu Tung, and Ton Nu Khanh Linh
- Subjects
CITIES & towns ,MUNICIPAL government ,DELEGATED legislation ,COMMUNITY organization ,ORGANIZATIONAL structure ,LAW ,STATUS (Law) ,CITY managers - Abstract
Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
88. Vice and Immoral Spaces: German Sperrbezirke, 1949–90.
- Author
-
Martin, Annalisa
- Subjects
- *
WORLD War II , *SEX work , *RED-light districts , *DELEGATED legislation , *SEX industry - Abstract
In the aftermath of the Second World War, local authorities across West Germany implemented Sperrbezirke, or restricted areas for prostitution. These restricted areas became a central element of Germany's system of managing commercial sex. This article considers both the legacies of former systems of state-regulated prostitution in the development of Sperrbezirke and regional variations in restricted-area regulations since the 1960s. It examines their relation to red-light districts through regulations on brothels and tolerance zones, as well as the common associations of Sperrbezirke with vice in popular culture. The article then uses prostitutes' responses to restricted-area regulations to assess their impact in practice. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
89. Reseña del proceso de valoración documental en Colombia (1989 a 2019).
- Author
-
García-Morales, Camilo, Cecilia Pulgarín-Gallego, Marta, Ramírez-Chica, Carolina, and Sáenz-Giraldo, Andrés
- Subjects
- *
NATIONALISM , *ARCHIVES , *NATIONAL character , *CULTURAL property , *DELEGATED legislation , *PREGNANCY , *SOCIETIES - Abstract
This article shows the process of gestation, consolidation, and transformation of document appraisal in Colombia, based on a review of archival regulations. It is organized in four stages; the first one presents the background of the process related to the government's interest in the documentary heritage as a source of national identity; the second deals with the gestation of the process and the creation of its archival instruments; the third one responds to the consolidation as a result of the modification of procedures and instruments with the General Law on Archives as a framework; and the fourth focuses on the transformation of the process as a result of the impact of ICT on the production of archival documents. This journey allows identifying the relationship between the appraisal process and the interests of society, highlighting procedural issues in its application, to recognize the growth of the discipline over time and to emphasize the importance of studying the process continuously. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
90. LAS NUEVAS MEDIDAS DE LA GENERALITAT DE CATALUNYA EN MATERIA DE VIVIENDA.
- Author
-
García-Perrote Martínez, Rafael
- Subjects
- *
RENT control , *RESIDENTIAL areas , *DELEGATED legislation , *CITIES & towns , *LEASES - Abstract
One of the key measures of Law 12/2023 of 24 May on the right to housing was that the autonomous regions could declare specific areas as "stressed residential market areas" and thus the rent control measures that Law 12/2023 introduced in Law 19/1994 of 24 November on urban leases would apply in those areas. After Law 12/2023 entered into force, the Catalan Government declared 140 municipalities as "stressed residential market areas", which resulted in a reduction in the residential housing for long-term leases on offer in favour of other types of lease that are not subject to the rent control framework. This has led to the approval of Decree Law 6/2024 of 24 April on urgent measures on housing in order to, on the one hand, extend the application of the rent control framework to seasonal/short-term leases and, on the other, introduce penalties for failing to comply with the rent control measures. [ABSTRACT FROM AUTHOR]
- Published
- 2024
91. Deciphering blockchain's role in Danish decision-making: evaluating opportunities and challenges through the prism of due process.
- Author
-
Ullits, Jøren
- Subjects
- *
DUE process of law , *BLOCKCHAINS , *DECISION making , *DELEGATED legislation , *JUSTICE , *PRISMS - Abstract
This paper explores the benefits and pitfalls associated with integrating a common blockchain model within a distinct administrative environment, focusing particularly on its effects on decision-making processes. The study is grounded in the doctrine of procedural due process, a holistic concept encompassing intertwined administrative rules and principles, designed to promote fairness and justice in decision-making, which can be succinctly distilled into three core principles: accuracy, integrity, and transparency. On initial examination, these principles seem to correspond with the fundamental characteristics of blockchain technology, which are identified as authenticity, integrity, and transparency. In our analysis, we measure the extent to which the attributes of blockchain technology align with the principles of the due process doctrine. An essential component of this assessment includes a meticulous examination of the practical merging of each characteristic within the decision-making procedure. The approach and practical applications explored in this study highlight the potential of blockchain technology to enhance adherence to due process, especially in areas where traditional trust-based systems have faltered in maintaining basic procedural safeguards. However, given the intricate complexity tied to its implementation, this technology should be regarded as a fallback option, strictly reserved for situations where the benefits of its utilisation unmistakably outweigh the numerous inherent risks. In the ensuing sections of this paper, we will delve deeper into these risks and propose actionable mitigation strategies. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
92. EDUCACIÓN Y ACCIONES AFIRMATIVAS PARA ATENDER LA DIVERSIDAD ÉTNICA EN COLOMBIA.
- Author
-
Carlos Granja-Escobar, Luis, Cano-Quintero, María Constanza, Giron Madron~ero, Diana Isabel, Rodri'guez Pe'rez, María Constanza, and Javier Ordóñez, Edward
- Subjects
AFFIRMATIVE action programs in education ,AFFIRMATIVE action programs ,DELEGATED legislation ,COLUMNS ,CIVIL rights - Abstract
Copyright of Revista Telos is the property of Revista Telos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
93. A Review of Inclusive Education Development in China.
- Author
-
Jingru Du
- Subjects
INCLUSIVE education ,EDUCATION of children with disabilities ,DELEGATED legislation ,EDUCATION policy - Abstract
In recent decades, the special educational needs of children with disabilities have garnered widespread attention across the globe. There has been a growing trend towards inclusive education. China, among many other nations, has endeavored to promote inclusive education through legislation, policy, and financial support. This article is a review of inclusive education development in China, with a view to summarizing Chinese experiences in this regard to contribute to the construction of a more inclusive, equitable, and higher-quality education system. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
94. Inclusive Education in China: Complications and Causes.
- Author
-
Ming Zhou
- Subjects
INCLUSIVE education ,EDUCATION of children with disabilities ,COMPULSORY education ,DELEGATED legislation - Abstract
Inclusive education is aimed at giving children with disabilities equality of opportunity in education. The Chinese government has released a host of regulations and action plans concerning inclusive education, defining its direction and setting forth the principle of respect for differences in its implementation. Nevertheless, there remain many challenges in inclusive education development. Among them is the low level of popularization of inclusive education in compulsory education. This article delineates the complications of the implementation of inclusive education in China and analyzes their causes with the intent of contributing to its high-quality development in this country. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
95. The Challenge of Challenging Tax Laws as Unconstitutionally Vague.
- Author
-
Sawyers, Roby B. and Plečnik, James
- Subjects
FISCAL policy ,TAXATION ,DELEGATED legislation ,CORPORATE tax laws - Abstract
Many laypersons (and CPAs and attorneys, for that matter) argue that federal tax statutes and regulations are complex, ambiguous, and vague. However, successfully challenging tax law as unconstitutionally vague has generally not been a successful strategy for taxpayers. In this article, we discuss the void for vagueness doctrine as it has been developed and applied in other areas of the law and review over 40 federal tax cases litigated over the last 20-plus years, in which taxpayers claim that a provision is unconstitutionally vague. Although taxpayer wins are rare, some tax cases find that a statute can be declared overly vague before clarifying regulations or other administrative guidance are issued. Regardless, vague tax laws run afoul of principles of good tax policy. We also provide suggestions for taxpayers and their advisors, who may argue in the future that a federal tax provision is unconstitutionally vague. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
96. NONDELEGATION’S TWO FACES.
- Author
-
Littlestone-Luria, Adam
- Subjects
DELEGATED legislation ,LEGISLATIVE bodies ,JUDICIAL power ,LEGAL self-representation ,JURISPRUDENCE - Abstract
Delegated power is under attack from many sides. From the beginning of the American republic, lawmakers have built institutions with the understanding that they could assign power from one individual or institution to another. This principle has been fundamental to the American system of power in many forms—delegation of legislative, executive, and judicial power—both between branches and within them. Now, this model might be about to transform beyond recognition. Our Supreme Court is feeling its power. Their antidelegation program has many facets. But two have been most prominent in the jurisprudence of the past few years: frst, delegation of Article I lawmaking power to administrative agencies and, second, delegation of Article II enforcement power to private litigants. This Article makes the case that the Court’s recent moves in these two domains are part of a unifed program. They are twin strands in a broad-based effort to limit the scope and reach of delegated authority. Scholars have long been aware of the growth of both prongs of this analysis. But the doctrine is shifting under our feet, taking on new characteristics, and gaining a new coherence that sometimes even crosses the ideological divide between liberal and conservative jurists. As it takes shape, the Court’s antidelegation jurisprudence threatens to disrupt some of the basic contours of our system of governance. A well-established regime based on delegation may be forced to bow to an idealized and likely ahistorical vision of the past. [ABSTRACT FROM AUTHOR]
- Published
- 2024
97. Oversight and Monitoring of Executive Actions in India During the Pandemic: A Case of Absentee Parliament
- Author
-
Dey, Pritam, Bari, M. Ehteshamul, editor, and Shankar, Uday, editor
- Published
- 2024
- Full Text
- View/download PDF
98. Revisiting Skidmore deference after Loper Bright.
- Author
-
Walker, Kelly
- Subjects
CHEVRON USA Inc. v. Natural Resources Defense Council Inc. ,RESPECT ,TAX administration & procedure ,JUDICIAL deference ,LEGAL judgments ,DELEGATED legislation - Abstract
The article discusses the U.S. Supreme Court's 2024 decision in Loper Bright Enterprises v. Raimondo, which overruled Chevron deference to administrative regulations and reaffirmed Skidmore deference as the standard for judicial review. Topics include judicial review, Skidmore and Chevron deference, and the impact of the Loper Bright decision.
- Published
- 2024
99. Back matter.
- Subjects
DELEGATED legislation ,INTERNATIONAL unification of law ,PRESIDENTIAL system ,COMPARATIVE law ,DIVORCE law ,PERSONALLY identifiable information ,RIGHT to be forgotten ,DIVORCE ,VIRTUAL communities - Abstract
The European Journal of Comparative Law & Governance features a variety of articles exploring legal issues and governance practices in different countries. Topics covered include the right to adequate housing in BRICS countries, neuroenhancement patentability, delegation of legislative power in Nigeria and Kenya, and the regulation of online single submission in Indonesia, Canada, and New Zealand. The journal also delves into comparative perspectives on property law, artificial intelligence, maritime law, and social justice issues in Ireland, Spain, and South Africa. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
100. Keine Approbationserteilung trotz Löschung einer Straftat im Bundeszentralregister.
- Author
-
Rehborn, Martin
- Subjects
- *
CRIME , *HEALTH insurance companies , *ADMINISTRATIVE courts , *HOSPITAL costs , *DELEGATED legislation - Abstract
The article deals with the case of a doctor who was denied medical license despite passing the examination successfully, as he had previously shot and seriously injured his girlfriend. The court decided that granting the license would undermine trust in the integrity of the medical profession. Although the plaintiff submitted a new application, the license was denied due to further criminal offenses. The Higher Administrative Court ruled that the plaintiff is considered unworthy due to his committed crimes and granting the license would pose a danger to the general public. In another case, there was a legal dispute between a state and a health insurance company regarding the reimbursement of hospital costs. The state demanded reimbursement, but the lawsuit was dismissed because the state had not provided social benefits and the time limit for reimbursement claims was not met. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
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