Not since the 1960s have U.S. politicians, Republican or Democrat, campaigned on platforms defending big government, much less the use of regulation to help solve social ills. And since the late ...1970s, deregulation has become perhaps the most ubiquitous political catchword of all. This book takes on the critics of government regulation. Providing the first major alternative to conventional arguments grounded in public choice theory, it demonstrates that regulatory government can, and on important occasions does, advance general interests.Unlike previous accounts, Regulation and Public Interests takes agencies' decision-making rules rather than legislative incentives as a central determinant of regulatory outcomes. Drawing from both political science and law, Steven Croley argues that such rules, together with agencies' larger decision-making environments, enhance agency autonomy. Agency personnel inclined to undertake regulatory initiatives that generate large but diffuse benefits (while imposing smaller but more concentrated costs) can use decision-making rules to develop socially beneficial regulations even over the objections of Congress and influential interest groups.This book thus provides a qualified defense of regulatory government.Its illustrative case studies include the development of tobacco rulemaking by the Food and Drug Administration, ozone and particulate matter rules by the Environmental Protection Agency, the Forest Service's roadless policy for national forests, and regulatory initiatives by the Securities and Exchange Commission and the Federal Trade Commission.
The second part of the topic generated by the approach to the specifics of the nullity of the fiscal procedure acts, as they were delimited in the first part, is intended for the application of the ...annulment cases, delimited, in particular, by the French doctrine of administrative law, to the fiscal administrative act. Beforehand, there are required references to the problems generated by the approaches from the French doctrine aimed at identifying the generic cases of annulment in relation to the way in which nullity is regulated in the rules of the Fiscal Procedure Code. In the context of the discussions concerning the relative nullity, the correct relationship between the notions of „nullity", „annulability" and „annulment" must be clarified. Thus, in the comments concerning Article 49 of the Fiscal Procedure Code, differentiating between nullity and annulability, in the claim that the latter would constitute the „attribute" of the administrative acts affected by flaws of unlawfulness arising from the non-compliance with some validity conditions of lesser importance, it is evoked the thesis of the supporters of the presence of relative nullity including in the matter of administrative acts. However, the relative nullity is not compatible with the public interest on the basis of which any rule of administrative law is enacted. In order to avoid any confusions, the term „nullity" must denote the organic state of the act affected by serious defects of unlawfulness arising from the non-compliance with the conditions of validity specific to each category of legal acts, the term „annulability", particularized, as a rule, in the wording „are annulable", must be used to denote virtual nullities, and the word „annulment", only to evoke the approach of the authorities to proceed with the annulment of legal acts affected by the flaws/defects of unlawfulness likely to generate their nullity. Given that, in the tax law doctrine, there are opinions evoking the support for the theory of the presence of legal non-existence and of relative nullity, it must be checked to what extent they can find their place in the matter of fiscal administrative acts. Although the doctrine in the matter contains tangential references to the non-existence, when commenting on the fiscal procedural texts referring to the communication of the fiscal administrative act, there is no regulation that expressly refers to the non-existence of such acts, as the legislator proceeded when specifying the sanction applicable to some administrative acts (the decisions and ordinances of the Government, as well as the decisions of the Prime Minister) not published in the Official Gazette of Romania.
ABSTRACT This article is a review of one of the first laws that regulated administrative law in the Patria Nueva, the Treasury Plan, analyzing its provisions from the continuity with Spanish colonial ...law and its possible projection in the constitution of 1818. ...it is questioned the thesis about whether this text is part of the constitutional history of Chile. KEY WORDS Administrative law - constitutional history - Chilean law - Treasury Plan - Spanish colonial law. La constitución de 1818, más allá de las críticas históricas y jurídicas, logró darle vida propia al estado de Chile y un mínimo de estabilidad a una sociedad convulsionada por conflictos de larga data.
"Blackbox", "Opazität" oder "Intransparenz" - der Technologie des maschinellen Lernens ist Nichtwissen inhärent. Aus dieser soziologisch geprägten analytischen Perspektive bringt Iva Kostov ...verschiedene soziale Praktiken und technologische Eigenschaften bei maschinellem Lernen auf einen gemeinsamen Nenner und untersucht ihre Bedeutung für das Recht. Dies erfolgt unter Bezugnahme auf einen für die Analyse der Thematik besonders anschlussfähigen Bereich sicherheitsbehördlicher Tätigkeit. Unter Systematisierung der verschiedenen interdisziplinären Diskussionen entwickelt sie eine für das Recht produktive Typologie verschiedener Nichtwissensausprägungen, arbeitet die jeweils maßgeblichen rechtlichen Fragestellungen heraus und zeigt Mechanismen zum Umgang damit auf. Zugleich entlarvt sie einige vieldiskutierte Themen als rechtlich irrelevante Scheinprobleme.
Perhaps no kind of regulation is more common or less useful than mandated disclosure-requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the ...doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well.More Than You Wanted to Knowsurveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices?
Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite.
Timely and provocative,More Than You Wanted to Knowtakes on the form of regulation we encounter daily and asks why we must encounter it at all.
This article deals with the selected attributes of public interest within the realization of public finance inspection. It is based on the hypothesis that inspection can be considered legitimate and ...legal only if it is properly justified by the protection of a specific public interest. From the interpretation perspective, the resolution of conflict, even a potential one, either with a private interest or possibly with another public interest, is essential. The article also points out that interest of the public in inspection outputs is a kind of protected public interest as well.
More than twenty years have passed since Hungarian law recognised electronic documents with appropriate electronic signatures as equivalent to paper documents. In principle, this opened the way for ...electronic administration not only in civil law relationships but also in public authority procedures. Nevertheless, it took more than 15 years before the use of ICT tools became common practice in public administrations. Yet there was no shortage of legislation and budgetary resources. In this paper, I will examine mainly by analysing the legal background and statistical data how, after many years of partially or entirely fruitless attempts, electronic communication has become commonplace in legal procedures after 2018. In particular, I am looking for an answer to the question of whether lawyers and the professional chambers of the judiciary have constituted a critical mass in this, both literally and figuratively.
The aim of the study is to present the procedure in the source article pursuant to Art. 122f § 1 of the Code of Administrative Procedure, deciding on a certificate of tacit settlement of ...administrative matters. An attempt was also made to determine the features of this act and its effects. The characteristics of this procedure allow them to qualify for the category of simplified administrative procedures. However, it is necessary to notice the differences between it and the proceedings regulated in section VII of the Code of Administrative Procedure. This is the subject of the study. The relationship between these proceedings and the proceedings that preceded them and ended with a silent settlement of the case, which for the purposes of this study was cal-led the main proceedings, and its subject matter, were also discussed. The methods of verifying positive and negative decisions were presented. The con-sequences of the confluence of extraordinary administrative proceedings and administrative court proceedings in this regard are described.
The analysis of the so-called Decommunization Acts application, after several years of its being in force, points to a significant legal problem. The recent decisions of the Supreme Administrative ...Court further expose said problem. The issue can be encompassed in the following question: what is, ultimately, the scope of voivodes duties with regard to investigating the facts of decommunization proceedings, especially in view of the opinions drawn up by the Institute of National Remembrance (Instytut Pamici Narodowej, IPN) for the purposes of these proceedings? The answer to this question depends largely on the weight given to these opinions. In particular, if the voivodes are not bound by the IPNs decisions, one may argue that they should be required to investigate the factual background on the issues on which the IPN had already fi led an opinion. Consequently, voivodes should make historical and legal decisions against the analyzed factual background independently.Analyses included in the current study suggest that, considering the recent decisions of the Supreme Administrative Court of Poland (which have a significant impact on the legal practice), voivodes are not bound by the IPNs opinions. There is a strong emphasis on the view that the IPNs opinions should each time be treated as part of evidence subject to verification, constituting grounds for proceedings pursuant to the provisions on the Decommunization Act. Therefore, in each case, verifying those opinions should be the obligation of the voivode. At the conceptual level, there was a condition that voivodes verifications of opinions should not interfere in substantive issues and should only examine methodological issues. At the practical level, however, there are cases in which verifying the IPNs opinions beyond the methodological scope is allowed. The findings indicated above are considered in the context of the authors belief that: the analysis of the text of the Decommunization Act must lead to the conclusion that the legislator decided on the binding force of the IPNs opinions, especially with regards to voivodes; considering the legal status of the IPN, the scope of its tasks and competences, and the scope of tasks, capacity and competences of voivodes as well as the specific nature of activities and proceedings based on the Decommunization Act the opinions of the IPN cannot be treated as a regular part of evidence, requiring verification by the voivodes; from a systemic perspective, they should be treated as statements of knowledge by a competent state institution cooperating with the voivodes in activities and proceedings related to the Decommunization Act.
