...LIMITS ON EXCESSIVE DELEGATED LEGISLATION MYTH OR REALITY INTRODUCTION Delegated Legislation, as the name itself suggests, means the delegation of the power of law making by the legislature to the other organs of the government. In India, there is separation of powers between the organs of the government but this separation is not in water tight compartments. Delegated Legislation in India is seen when the legislature, delegates some of the law making powers to the executive. The aim of the doctrine of separation of powers is to guard against tyrannical and arbitrary powers of the State. The rationale behind the doctrine is that, if all power is concentrated in one and the same organ, it would give rise to the danger that it may enact tyrannical laws, and also execute them in a despotic manner. In the face of the complex socio-economic problems demanding solution in a modern welfare state, it has been agreed by many legal scholars that the strict application of the separation theory is no longer possible to apply the nevertheless, it has not become completely redundant and its chief value lies in emphasizing the fact that it is absolutely essential to develop adequate checks and balances to prevent administrative arbitrariness. Thus, it has been stated about the doctrine, “Its objective is the preservation of political safeguards against capricious exercise of power; and incidentally, it lays down lines of an effective division of functions. Its logic is the logic of popularity...
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...ADMINISTRATIVE LAW INTRODUCTION Administrative law refers to the body of principles and procedures by which the exercise of executive government is controlled and supervised FOUR MECHANISMS OF ADMINISTRATIVE LAW 1. JUDICIAL REVIEW Whether the actions of the relevant public authority or official are legally correct and whether they acted within the confines of the power conferred on them or correctly exercised that power by adherence to procedures they were required to follow 2. MERITS REVIEW An independent or impartial reconsideration of all aspects of a decision by a public authority or official, the review body notionally “standing in the shoes” of the original decision maker and determining what is the correct or preferable decision 3. FREEDOM OF INFORMATION Provides the public at large with rights of access to government held information 4. OMBUDSMAN REVIEW Independent investigation of complaints about incorrect or unjust executive actions by public bodies or officials particularly in other circumstances where remedies are unavailable or unsuitable IF QUESTION INVOLVES ANY OF THESE IT IS A FEDERAL TRIBUNAL ISSUE • • • • • Immigration Social Security Tax Customs and Excise Native title IF QUESTION INVOLVES THESE IT IS STATE • • • • • Land and resources management Occupational and business regulation Local government Prisons Education JUDICIAL REVIEW • Judicial review is the means by which courts determine whether or not...
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...12 Law and Health Care System Administration Jayme Blackwell Mary Jane Granoff Health Care Policy and Law Et. 12 Law and Health Care System Administration Jayme Blackwell Mary Jane Granoff Health Care Policy and Law Et. A relationship is a connection or association. To me a relationship is very important and healthy for an individual to form. A relationship is extremely important among physician and patient and hospital and patient. I thank communication and interaction is the most important factors in a relationship. These factors are very important when forming a relationship between physician and patient and hospital and patient. In relationships communication is very important and is essential among physician and patient. There are several types of communication and all are essential when it comes to dealing with the health of an individual. With communication comes interaction, which is also very important. Many feel bitter about their visits, because they are paying money for a service so that is what they expect. So when a relationship is formed they become surprised because that is not what they expected. So the relationship to them becomes so what special, and out of that relationship a patient builds confidents, trust, respect, and becomes relaxed. Once a patient builds a good relationship with the physician then they can create a relationship with the hospital. These will make the experience easier for all parties and build strength within the overall relationship...
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...The following paper will examine the elements of procedural fairness apparent in tribunals and compare this to that of the court system, ultimately coming to a tentative conclusion on the efficacy of each. A broad spectrum of academic literature, case law and legislation has been considered to evaluate the role that tribunals have in the Australian legal system. In light of Kerr J’s remark (above), find and critically analyse a case which considers issues of procedural fairness in a tribunal hearing. The case of Ashmore v Commissioner for Superannuation primarily concerned the decisions to not recognise late election and to not grant an extension of time relating to the preservation of the applicant’s superannuation benefit. At the initial hearing in which the applicant (Carolyn Ashmore) gave oral evidence, only one senior member was present, contrary to the stipulations of the Superannuation Act that the Tribunal be constituted of three members, one of whom is an eligible employee or pensioner. The hearing was then reconstituted with three members, and a transcript of the applicant’s oral evidence was used to ascertain her credibility. Ultimately the Tribunal formed a negative opinion of the applicant’s evidence, leading them to rule against her. By relying on a transcript of Ashmore’s evidence, it was determined by Justice Moore that the other two tribunal members could have been influenced, albeit unintentionally, by the negative bias from the senior member present at the...
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...power - Removal (Meyers, Humphreys) Separation of powers - Mistretta at pg. 19 Non-delegation - J.W. Hampton, Mistretta at 15. APA design; three functions of agencies: 1. make rules 2. adjudicate 3. gather information There are not very many legal issues with information gathering, so the class will not focus on it. Rule making and adjudication is done formally and informally | |Rule Making |Adjudication | |Formal |§ 553 |§ 554 | |Informal |§ 553 |§ 554 | Rulemaking = making little laws. Same effect as anything congress passes. Adjudication = making an order Introduction to Administrative Law - F&S pp. 1-22 The Administrative Procedure Act - Act, Chart and Sample Rule The Grouper Handout and the APA §553 §553 doesn’t say where the rule comes from (i.e. employee of the U.S. or anything), but does say publish in the federal register. §553(b) §553(b)(1) - time/place/etc/nature. The grouper rule - March 4, 1992, to the mailroom, by mail = time, place, nature. Does this constitute a “hearing”? Its called a paper hearing and satisfies §553. §553(b)(2) - authority. Grouper - Magnuson Fishery . . Act. Note, they cite to their own rule; generally an agency must follow its own rules (notice exceptions). 553(c) - interested persons must...
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...Administrative law is especially valuable to agencies such The Department of Housing and Urban Development as it addresses fairness and responsibility issues with governing laws. Court cases help to make change where needed when it can be shown the system has failed or if one’s rights have been violated. The Department of Housing and Urban Development The Department of Housing and Urban Development's (HUD) manages and is responsible for the running of programs that provide housing as well as community development assistance. The HUD agency also works to ensure fair and equal housing opportunity for all people. An example of one of the programs is the Federal Housing Administration (FHA), which is part of HUD, is a government agency which objectives are to improve housing conditions and standards as well as provide a house financing system with insurance of home mortgage loans. Congress created the Federal Housing Administration (FHA) in 1934. The FHA became a part of the Department of Housing and Urban Development's (HUD) Office of Housing in 1965. The HUD agency and issues it covers is very broad so administrative law is a must for this agency to ensure there is fair housing and equal opportunity. Administrative law covers several areas such as rule-making, agency discretion, test and inspection, mediation and arbitration, the requirements of fairness, due processes, hearings, equal protection, affirmative action and diversity in the housing market. Administrative law was created...
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...The United States Constitution duly noted as the “Supreme Law of the Land” is probably regarded as one the most, if not the most important documents ever established. It laid the ground work for the future of this nation and through its influential power, has allowed this country to progress. The constitution was drafted in September 17, 1787 and enacted in March 4, 1789. Being over 200 years old, the Constitution has underwent 17 amendments. The first ten amendments are the Bill of Rights, with a 17 amendments making for a total of 27 amendments. These changes were due to the shifts of view and values of our society. Although the founders of the constitution could not foretell the future of our country, there was sense of understanding that the constitution was a much needed piece legislation to create a balance within the law. As we noted above, the constitution has evolved and will continue evolve over time. Jack Goldsmith, author of The Terror Presidency: Law and Judgment Inside the Bush and Administration and Robert Dahl, author of How Democratic is the American Constitution?, both have a working knowledge of the constitution, but in their various writings, have indicated that the constitution is not so democratic as it was intended to be. The Constitution should be respected by all individuals, and its administration and interpretation should be fair and just. Jack Goldsmith served as legal adviser to the General Counsel of the Department of Defense for the Bush administration...
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...1. Environmental Protection Agency and Food and Drug Administration: While I’m not asthmatic, I do follow continual government regulation. However, I’ve quite interested in how government regulations affect healthcare and the cost thereof for consumers. The new regulation is actually a planned amplification of previous regulations regarding clorofluorocarbon (CFC) use in metered-dose inhalers (MDI), where, as of 14 April 2010, seven more metered-dose inhalers will be phased out and replaced with hydrofloroalkanes (HFA) inhalers. I do not expect this increased regulation to adversely affect me; however, the increased costs to consumers worries me. The affected products are especially used by lower-income individuals who must now pay increased prices for a MDI product currently under patent. 2. After the United States became party to the Montreal Protocol, it began phasing out and eliminating substances that purportedly deplete the ozone layer. Beginning in 1996, the US began prohibiting production and importation of CFCs unless for certain essential uses. Metered-dose inhalers (MDIs), used for treating asthma and chronic obstructive pulmonary diseases, are among the last to switch to ozone-safe alternatives. MDIs use propellants to push medication out of inhalers, and the two most common propellants are CFCs and HFAs (hydrofloroalkanes). HFAs are considered ozone-safe and have already begun replacing products using CFCs. Both of these propellants, however, simply...
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...Introduction – What is Administrative Law? Parliament & Legislatures what laws govern Parl and prov legislatures exercise of power: Constitutional division of powers sets out the spheres of legislative competence Charter further limits Parl and to an extent legislatures (notwithstanding clause) Parliamentary Sovereignty principle that Parl. is the supreme law making authority of the state; In Canada sovereignty is divided bw Parl and the prov legislatures Constitutional vs. Administrative Law Con Law is concerned w/ the rules used to determine which public institutions have the authority to make laws for the governance of society. Admin Law deals w/ the rules governing those who have been granted power. A law can be found to be constitutional and still violate the principles of admin law. Judiciary what laws govern the judiciary Statute and CL Judicial Review based on the principle of Parliamentary Sovereignty the cts have an inherent supervisory role to review the actions of ‘inferior’ public authorities. ensures legislative delegates do not exceed the limits of their defined jurisdiction is concerned with the legality of the executives actions, not the merits vests significant power in the judiciary over executive administration – interpreting legislative intent of statutes that create delegate bodies rests with the cts stirs significant controversy – more...
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...on a specific clientele and be in direct competition with fewer attorneys driving up their rate for services (Vaden, 1994). The overall impact specializing has had in the criminal justice field has been positive because attorneys are able to offer a higher level of services to their clients. Years ago you would think of lawyers more so as general practitioner or family lawyers. They would oversee any legal issues for families from birth until death. “The true general practitioner we may have seen 10 or 15 years ago is kind of an endangered species because of specialization,” said Nicholas E. Fairweather, chair of the State Bar’s General Practice Section Board (DMC-Admin, 2010). With technology advances and changes in criminal activity; it’s a lot for one person to keep up on all the different areas of law and be proficient at representing each of their clients. Lawyers were thought to be qualified in a broad legal field upon being licensed and therefore being specialized was prohibited under ethical standards until 1977 (Munneke, 2009). The U.S. Supreme Court held in Bates V. State Bar of Arizona that a blanket prohibition of lawyer advertising was unconstitutional (Munneke, 2009). In 1990,...
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...CHAPTER 1: INTRODUCTION 1.1 Introduction Evelyn Avi’s Law firm was established in March 2009. Since its inception, it has been operating with a manual system that collects client information and then sends lawyers to represent their clients. In the past years, there have been situations of case/data mismatch because documentation is not done properly (it is done manually) and every Lawyer has his special kind of case to handle. Getting things done at the right time is very important for everybody and even a company. Time management makes an institution successful and Evelyn Avi’s firm is not an exception. The Legal Case Scheduler service offers an efficient interface for all Lawyers and administrative staff to plan their office and business endeavors resourcefully. Until you value yourself, you won't value your time. Until you value your time, you will not do anything with it (M. Scott Peck 2010) This write up provides a comprehensive explanation of the development of a Legal Case Scheduler. The new system intends to resolve the problem of, case/data mismatch, improper time management technique experienced by the administrative staff of the firm. The workers shall also be able to search and retrieve data from the database. Also included in this report will be the problem statement, aim, objectives, scope and the justification of the project. Firstly, the problem statement shall be discussed comprehensively with the best methodology approach to be applied. Then...
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...Civil rights: Jim crow laws: * Laws denying BAM access to facilities- ed, health, transport Voting rights 15th amendment: * B legal right to vote- S found ways around- grandfather clause and lit tests KKK: Targets black showing disrespect- lynching Challenging seg in S: Plessy V Ferguson: * Seg unlawful- all should be guaranteed legal rights- 14th amendment * Louisiana- illegal- arrested for sitting W only of train * Took case to SC- judges- seg lawful if had access to equally good * Provided legal foundation for seg Conditions in N: little legally enforced seg * Bs moved to industrial cities- economic boom- pay better- 500,000 moved * Better organised: Randolph organised 1st B union- easier for B to vote * Still lived in undesirable neighborhoods- eco depriv and ghettoisation Effects of WW2 on BAM : turning point B soldier in Europe: * Radicalized them- appalled fighting for country- treated liked 2nd class citizens * Put in diff canteens, transported to battlefield sep from W- employed as cooks and cleaners- denied right to fight- less training + poor equip World war race war: double V sign- fighting overseas and racism at home Black heroes: boosted self esteem- Woodrow Crocket- 1st B pilot in US air force Eco changes: * S- $4.5 bill factories war goods * B unable to get jobs due to racism- Randolph appalled- threat to lead march unless industries changed * Roosevelt issued exec order- FEPC- industries not discrim...
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...Notes Describe (EXPLAIN) how political, legal and social factors are impacting (BRINGS ABOUT CHANGE/INFLUENCE) upon the business activities of the selected organisations (SAINSBURYS AND BRC) and their stakeholders( PEOPLE OR GROUPS WITH AN INTEREST IN A BUSINESS) INTERNAL STAKE – EMPLOYEES, VOLUNTEERS. EXTERNAL (CUSTOMER, LOCAL, GOVT, LOCAL COUNCIL. ( A Written Report - Maximum of 800 words) Analyse (ADVANTAGES AND DISADVANTAGES. INVESTIGATE) how political, legal and social factors have impacted on the two contrasting (OPP COMPANIES) organisations. ( A Written Report - Maximum of 800 words) Political Factors * Immigration (definition) – govt want to restrict amount of imms coming in. reducing immigration in sainsbury’s will mean they’ll have less choice of food. No diversity. SKILLS Impact. * BR RED CROSS – work with refugees. They need people who speak a particular language so this might restrict skills. Diversity. People from certain countries not allowed in. Benefit payments * Less people on benefits, more in employment. If they’re reducing benefit payments those who shop in sainsbury’s will have less to spend. – sainsbury’s * BRC, less people on benefit – more people to work however, more people in trouble if benefits are being cut they will need more help from charity. Brc will have more work on their hands. Reducing companies debt/ cutting back on govt spending * GOVT They do help business like sainsburys set up business to support places with...
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...Human rights are’’ commonly understood as inalienable fundamental rights to which a person is inherently entitled because she or he is human being’’ human rights are thus conceived as universal [applicable everywhere] and egalitarian [the same for everyone] these rights may exist as natural rights as legal rights, in both national and international law. The doctrine of human rights in international practice within government organizations, has been a cornerstone of public policy around the world .in the idea of human rights it says,’’ if the public discourse of peacetime global society can b said to have a common moral language it is that of human rights.’’ Despite this, the strong claims made by the doctrine of human rights continue to provoke...
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...Judicial Review: proposals for reform December 2012 Consultation Paper CP25/2012 Consultation start date: 13 December 2012 Consultation close date: 24 January 2013 Judicial Review: proposals for reform Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty December 2012 Cm 8515 £16.00 © Crown copyright 2012 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or email: psi@nationalarchives.gsi.gov.uk Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to Michael Odulaja, Administrative Justice, Court and Tribunal Fees and Coroner’s Policy Team, Ministry of Justice, Post Point 4.34, 102 Petty France, London, SW1H 9AJ. This publication is available for download at www.official-documents.gov.uk and on our website at www.justice.gov.uk ISBN: 9780101851527 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2529331 12/12 Printed on paper containing 75% recycled fibre content minimum. Judicial Review: proposals for reform Contents Foreword 1. Introduction 2. Background 3. The case for change 4. Time limits for bringing a claim...
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