scholarly journals Wielopostaciowość administracji w prawie administracyjnym

2019 ◽  
Vol 16 (1 (3)) ◽  
pp. 71-81
Author(s):  
Renata Kusiak-Winter

The phenomenon of multiform nature of public administration has been presented from the point of view of a rational lawmaker who perceives the need for a proper legal framework to design the versatility of public administration. This is especially reflected in the administrative law of organizational structures and in the substantive administrative law, while the main purpose of the general administrative law is to guarantee normative unity in the multifaceted character of public administration.

2018 ◽  
Vol 111 ◽  
pp. 103-118
Author(s):  
Renata Kusiak-Winter

LEGAL AND POLITICAL ENVIRONMENT OF PUBLIC ADMINISTRATIONThe analysis of the political and legal environment of the public administration has been presented from the point of view of arational lawmaker who aims the legal framework enabling influence of politics on the administration. This is reflected in the general administrative law, the administrative law of organizational structures, the substantive administrative law and the procedural administrative law.


Author(s):  
Igor Zvarych ◽  
Olena Zvarych

This article highlights current issues of effectiveness and efficiency of the public administration system. Using systemic and synergetic approaches, methods of analysis and synthesis, induction and deduction, comparative analysis it is established that the effectiveness of management is a result compared with the cost of achieving it (they include not only direct costs of management, but also implementation management decisions). At the same time, the tools of public administration can be divided into four types: organizational structures; belief; rules; financial resources, and their capabilities – two: external, which include the legal framework, leadership and resources, and internal in the composition of people, processes and strategies. At the same time, its effectiveness should be assessed in two ways: on the one hand, by assessing the available opportunities and the extent to which they are used to achieve organizational results (socalled internal efficiency), and on the other – by assessing the final achievements (external). The organizational results of public administration should be considered in two aspects. On the one hand, it is the implementation within the legal framework in accordance with the chosen strategy and under a certain guidance of such opportunities as resources, which means their allocation in accordance with the goals and objectives of the organization; processes and structures, which means their organization to achieve goals and objectives; and people, is the change of certain human factors, the emergence or resolution of existing conflicts, and so on. At the same time, the criteria for the effectiveness of public administration: the purposefulness of the organization and functioning of the public administration system; spending time on management issues and management operations; the state of functioning of the public administration system, its subsystems and other organizational structures; the complexity of the organization of the subject of public administration, its subsystems and units; the cost of maintaining and ensuring the proper functioning of such a management system. Therefore, based on the most common interpretation of the concept of efficiency, it is considered as a result compared with the cost of obtaining it. At the same time, the efficiency of management is a relative characteristic of a particular social governing system, reflected in various indicators that have both quantitative and qualitative features, the achievement of which is especially important in the development of modern civilized system market relations in modern Ukraine and its fustified relentless European integration aspirations.


2019 ◽  
Vol 7 (3) ◽  
pp. 435-456
Author(s):  
Stephen Thomson

Abstract Hong Kong’s system of administrative law has drawn strength and durability from its English counterpart, on which it was heavily modelled. Too often, however, there is a slavish acceptance of the pre-eminence of English law and a tendency to conservativism and a lack of innovation. This article argues that Hong Kong courts and legislators must dare to diverge from English law where an alternative path would prove more credible or appropriate. Three prisms are deployed through which to argue that a misplaced emulation of English law can result in a poor legal framework. First, it is shown that a failure to properly conceptualize error of law as a ground of judicial review has resulted in a ground that, locally, is in a state of incoherence and disarray and that the admission or non-admission of a distinction between jurisdictional and non-jurisdictional errors urgently requires clarification from the Court of Final Appeal. Second, it is proposed that the English-inspired incorporation of a specific time limit in the rules for applying for judicial review should be abolished in the interests of access to justice and legal certainty, drawing on the experience of jurisdictions such as New Zealand, Canada, and Scotland. Finally, it is explained why the antiquated system of administrative tribunals in Hong Kong, redolent of the unreformed English tribunal system of decades past, needs comprehensive structural and procedural redesign. Courts and legislators must dare to diverge in these areas, with Hong Kong’s administrative law standing on its own two feet, where minds are focused on a genuine, locally crafted improvement of standards prevailing in administrative law and public administration.


AUC IURIDICA ◽  
2021 ◽  
Vol 67 (4) ◽  
pp. 61-76
Author(s):  
Josef Staša

The administrative law regime means a typical legal construction, which expresses the way of connecting an administrative law norm with this norm anticipated administrative law relationship through a certain legally significant fact. From the point of view of public administration addressees, it is appropriate to differ regimes of granting rights and regimes of imposing obligations primarily. Many regimes have a superstructure (secondary) nature, they assume the earlier existence of other (primary) rights and obligations. In addition to unilateral regimes, there are also bilateral or multilateral regimes of administrative law, which are an expression of cooperation in connection with the performance of public administration. From the point of view of public administration bodies, it is possible to distinguish several (administrative) regimes of exercise of their competence (powers). A kind of complement is the regimes that determine the boundaries of administrative regulation (between public law and civil law; between national law and European law). The application of some regimes or their combination typically results in the general administrative law concepts (= the tangles of administrative law norms cemented by the need and effort to solve certain idealized situations, deprived of their specific content). The research of administrative law regimes may perhaps contribute to a more plastic and systematic doctrinal characterization of material administrative law.


Author(s):  
Ihor Binko ◽  

The article attempts to differentiate between public administration as a subject of legal relations and as a relevant activity, a function that is inherent in it. It is stated that public administration as a separate legal institution within the framework of administrative law is at the stage of development in post-Soviet countries, including Ukraine, competing with theories and sciences of public administration, which a large number of experts recognize as inappropriate with modern public administration. and administration. At the same time, there is no unanimity of views, terminology is used, which has a double meaning. In the administrative law of Western European and North American countries, public administration is mainly defined as a set of bodies and institutions that exercise public power through the implementation of laws, regulations and other actions in the public interest. There are a large number of scientific definitions of public administration and public administration. The definition of "public administration" has the following closely related meanings - an integrated state apparatus (policies, rules, procedures, systems, organizational structures, staff, etc.), which is funded by the state budget and is responsible for managing and coordinating the executive branch and its interaction with other stakeholders in the state, society and the external environment; - management and implementation of various government measures related to the implementation of laws, regulations and decisions of the government and management related to the provision of public services. Thus, it would be logical to follow a structural approach, according to which public administration will be considered primarily as a set of state bodies and other public institutions designed to organize the effective functioning of society.


2018 ◽  
Vol 114 ◽  
pp. 149-165
Author(s):  
Witold Małecki

PRIVATE ADMINISTRATIVE LAW. THE PROPOSAL OF A NEWDistinction of the set of norms called ,,private administrative law” is conditioned by the recognition that the theorem on the public-law affiliation of administrative law is of typological relevance, not of classification relevance — in every branch of law also in administrative law it is possible to distinguish, in various proportions, norms of public and private law. The norms of private administrative law set the legal framework for public administration to use forms of activity that traditionally belong to private law in a way that prevents “escape to private law”, fusing private-law forms of activity and public-law protective measures. Public procurement law is presented as a model area of legal regulation within the scope of private administrative law.


Administory ◽  
2018 ◽  
Vol 1 (1) ◽  
pp. 54-77
Author(s):  
Benjamin Schindler

Abstract The academic field of administrative law deals above all with the legal framework currently underlying today’s public administration. And yet its literature also touches on history, be it that of public administration or administrative law. This article takes a metahistorical approach, investigating the motives behind the field’s interest in history and the narrative traditions it follows. Finally, it seeks to answer the question of why scholars of law should play a part in writing administrative history.


1953 ◽  
Vol 47 (3) ◽  
pp. 728-752 ◽  
Author(s):  
Kenneth Culp Davis

Both political scientists and lawyers are in quest of better understanding of the same problems about the same processes of the same administrative agencies carrying out the same programs. Yet the two professional groups characteristically work quite independently of each other. Acting in the belief that both lawyers and political scientists should benefit by increased mutual criticism, I propose to record my impressions of that area of political science which overlaps with and is contiguous to administrative law. The point of view will be that of one who is concerned primarily with law and legal education.This paper is designed (1) to evaluate the case studies edited by Harold Stein, entitled Public Administration and Policy Development, (2) to contrast with the case studies the basic method of instruction marked out by some of the conventional texts on public administration, (3) to criticize the undue emphasis upon broad perspective at the expense of detailed facts in the literature of public administration, (4) to call attention to the inordinate amount of misinformation about administrative law in some of the texts on public administration, (5) to express doubts about the choice of subject matter for some of the texts on public administration, and (6) to attempt constructive suggestions for further research on political science aspects of administrative law problems.


2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.


2020 ◽  
Vol 15 (12) ◽  
pp. 41-47
Author(s):  
A. M. Budaev

Since the adoption of the current Constitution of Russia that established the constitutional foundations of the implementation of state power and local self-government in the Russian Federation, more than 25 have passed. This period was saturated from the point of view of the formation of the legal framework of socio-political and socio-economic relations in our country. The analysis shows that local self-government is one of the basic characteristics of the Russian model of democracy. On the other hand, in recent years it is impossible not to mention the tendency to increase the efforts of federal authorities, and first of all the head of state, to maximize the involvement of local authorities of self-government in a unified political and legal field of the State. This is largely justified by the need to provide every resident of the country with equal opportunities for a comfortable and safe life. The paper formulates the author’s view concerning the changes that are taking place; and at the same time, it is proposed to continue scientific discussions regarding the development of local self-government—an institution of a modern civilized democratic state that is necessary for us all.


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