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Administrative Decisions (administrative + decision)

Distribution by Scientific Domains
Law and Criminology75%

Selected Abstracts

Judicial review and codification

LEGAL STUDIES, Issue 4 2000
Timothy H Jones
This article addresses the potential advantages and disadvantages of codifying the grounds of judicial review of administrative action. The four principal legal values associated with codification are described: certainty; clarity; democratic legitimacy; and rationality. The extent to which codification might further these values is considered in the light of two comparative models: the United States Administrative Procedure Act 1946 and the Australian Administrative Decisions (Judicial Review) Act 1977 (Cth). It is concluded that codification offers no solution to the practical and theoretical problems of judicial review. Codification places the content of the principles of judicial review in the hands of politicians. Australian legislation limiting the grounds of review available in migration cases shows the danger to the separation of powers inherent in codification. If it is thought desirable to foster the further development of the principles of judicial review, this can best be achieved by leaving the task to the judiciary. [source]

Primary to Secondary LOTE Articulation: A Local Case in Australia

FOREIGN LANGUAGE ANNALS, Issue 3 2001
Article first published online: 31 DEC 200, Robert C. Kleinsasser
Data taken from an independent school's admission documents over a 4-year period provide insights and reveal trends concerning students' preferences for language study, LOTE study continuity, and reasons for LOTE selection. The data also provides an accounting of some multiple LOTE learning experiences. The analysis indicates that many students who begin a LOTE in the early grades are thwarted in becoming proficient, because (1)continuation in the language is impossible due to unavailability of instruction; (2)expanded learning is hampered by teachers' inability to deal with a range of learners, (3)extended learning is hampered by administrative decisions or policies, or (4)students lose interest in the first LOTE and switch to another: Finally, a call is made for data gathering and research in local contexts to gain a better understanding of LOTE articulation challenges at the local, state, national, and international levels. [source]

Judicial Review of Politics: The Israeli Case

JOURNAL OF LAW AND SOCIETY, Issue 4 2002
Daphne Barak
In the tradition of studies questioning the impact of celebrated court rulings, this article discusses the effectiveness of the judicial review of politics conducted by the Israeli Supreme Court. The Israeli Supreme Court is generally viewed as a highly influential, almost omnipotent body. During the last two decades, the Court has intervened repeatedly in the so,called political domain, thereby progressively eroding the scope of realms considered non,justiciable. It has ventured to enter domains of ,pure' political power to review the legality of political agreements, political appointments (appointments of political allies to public positions), and political allocations (government funding to organizations affiliated with its political supporters). The prevalent perception is that these developments had a significant impact on Israeli political life. The present article challenges this view and argues that, on closer scrutiny, the influence of the Court on many of the issues reviewed here is negligible. First, many of the doctrines developed by the Court in order to review political measures proved ineffective. Usually, when the Supreme Court (acting as a High Court of Justice) engages in judicial review, it lacks the evidence needed in order to decide that administrative decisions on public appointments or public funding should be abolished because they were based on political or self,serving considerations. Second, the norms mandated by the Court hardly influence politicians' decisions in everyday life, and are applied only in contested cases. The reasons for this situation are not only legal but also socio,political. Large sections of current Israeli society support interest,group politics and do not accept the values that inspire the Court. [source]

Moral Principles and Legal Validity

RATIO JURIS, Issue 1 2009
MATTHEW H. KRAMER
Two recent high-quality articles, including one in this journal, have challenged the Inclusivist and Incorporationist varieties of legal positivism. David Lefkowitz and Michael Giudice, writing from perspectives heavily influenced by the work of Joseph Raz, have endeavored,in sophisticated and interestingly distinct ways,to vindicate Raz's contention that moral principles are never among the law-validating criteria in any legal system nor among the laws that are applied as binding bases for adjudicative and administrative decisions in such a system. The present article responds to their defenses of Raz's Exclusive Legal Positivism. [source]