Results 21 to 30 of about 401,027 (311)

Axiology of Administrative Discretion (gyōsei sairyō) as Well as Administrative Guidance (gyōsei shidō) in Japan from the Perspective of Judicial Control

open access: yesStudia Iuridica Lublinensia, 2020
In Japan, the Court often examines the technical aspects of administrative discretion if there was a proper decision-making process. Such control could rely too much upon each judges’ viewpoint, which elements in the whole process of administrative ...
Hiroshi Kaneko
doaj   +1 more source

L'abus de pouvoirs en droit administratif canadien et québécois [PDF]

open access: yes, 1978
In the exercise of their functions, administrative authorities may happen to abuse their powers. The courts may then interfere. Judicial review of administrative action may be styled « objective » or « subjective ».
Gagnon, Jean Denis
core   +1 more source

Administrative Discretion, Administrative Rule-Making and Judicial Review [PDF]

open access: yesSSRN Electronic Journal, 2017
The starting point for legal analysis of UK administrative rule-making remains the presumption that discretion must be retained, as expressed in the no-fettering rule. Nevertheless, judicial attitudes have changed substantially since the landmark case of British Oxygen Co Ltd v Minister of Technology. Whereas the no-fettering rule historically deprived
openaire   +2 more sources

The Discretion of the Public Administration as an Object of Administrative Justice in the Russian Federation

open access: yesСибирское юридическое обозрение
The article evaluates the principal doctrinal approaches to administrative discretion developed during the Soviet and post-Soviet periods of the Russian state. A comprehensive analysis of the Constitution of the Russian Federation, current administrative
A. I. Stakhov
doaj   +1 more source

Multi-agent game analysis on standardized discretion of environmental administrative penalty

open access: yesFrontiers in Environmental Science, 2023
An environmental administrative penalty is a powerful tool to regulate environmental pollution and ecological destruction by punishing intentional violations. Still, unchecked discretion may lead to excessively low or high penalties, breaking our balance
Xiaohong Ma, Baogui Xin, Gaobo Wu
doaj   +1 more source

Nullity of Administrative Acts: Grounds, Legal Regime, Discretion

open access: yesСибирское юридическое обозрение, 2021
The issues of criteria for the nullity of administrative acts are considered, the ratio of an illegal and invalid act, as well as a null and void act, analyzed, the possibility of administrative discretion in determining an invalid administrative act is ...
O. N. Sherstoboev
doaj   +1 more source

Neo-constitutional theory of administrative discretion

open access: yesRevista Eurolatinoamericana de Derecho Administrativo
This study has as its object the administrative discretion in the light of the premises of neo-constitutionalism. It distinguishes the legalist theory, in which the source of discretion is the legislation, from the neo-constitutionalist theory, in which ...
Ricardo Marcondes Martins
doaj   +1 more source

Judicial Review of Administrative Discretion: Theory, Legislation, and Law Enforcement Practice (Overview of the All-Russian Research-to-Practice Conference)

open access: yesСибирское юридическое обозрение
The overview presents the main provisions of the reports delivered at the All-Russian Researchto-Practice Conference “Judicial Review of Administrative Discretion: Theory, Legislation, Law Enforcement Practice”, held on 30 May 2025 at the private ...
Yu. P. Solovey
doaj   +1 more source

Citizen Suit Attorney Fee Shifting Awards: A Critical Examination of Government-“Subsidized” Litigation [PDF]

open access: yes, 1984
Silicon Carbide (SiC) is an important wide band gap semiconductor with outstanding electronic properties. With figures of merit far better than silicon, SiC is believed to replace and outcompete silicon in many applications using high frequencies, high ...
Fein, Bruce
core   +3 more sources

Administrative Procedural Principles of Judicial Control over Administrative Discretion

open access: yesСибирское юридическое обозрение
Judicial administrative law is presently taking shape in the Russian Federation under the influence of constitutional norms. Its primary task is the adjudication of administrative cases by courts of general jurisdiction within the framework of the Code ...
V. A. Zyuzin
doaj   +1 more source

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