The Morgan Cases: Retroactive Validation of Procedurally Defective Administrative Action

1939 ◽  
Vol 53 (1) ◽  
pp. 105
Keyword(s):  
Administrative Action

Review of Police Powers of Administrative Detention in the People's Republic of China

1993 ◽  
Vol 39 (3) ◽  
pp. 337-354 ◽  
Author(s):  
Sarah Biddulph
Keyword(s):  
People’S Republic Of China ◽  
Limited Capacity ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Police Powers ◽  
Administrative Action ◽  
Administrative Detention

This article illustrates the ways in which the legislative regimes for the imposition of sanctions of administrative detention give broad and vaguely defined powers to the police in the People's Republic of China. The research found that most legislation gave police wide discretion to exercise their powers and, in particular, to determine whether certain conduct merited the detention of the person. While processes to review such police actions have been legally established, they tend to be limited in scope. For the most part, the person aggrieved by the administrative action has limited capacity to require the review body to investigate or act upon their complaint.

scholarly journals Judicial Review of Federal Administrative Action: Quest for the Optimum Forum

1975 ◽  
Vol 75 (1) ◽  
pp. 1 ◽  
Author(s):  
David P. Currie ◽  
Frank I. Goodman
Keyword(s):  
Judicial Review ◽  
Administrative Action

scholarly journals Analysis of the Implementation of Criminal and Administrative Offenses in the Perspective of Immigration Law Number 6 of 2011 (Case Study Djoko Soegiarto Tjandra)

2020 ◽  
Vol 2 (1) ◽  
pp. 13-23
Author(s):  
Bima Yosua A Tarigan ◽  
Faridh Al Wajidi ◽  
K Karina
Keyword(s):  
Data Analysis ◽  
Data Collection ◽  
Criminal Code ◽  
Immigration Law ◽  
Criminal Case ◽  
Judicial Process ◽  
The Public ◽  
Administrative Action ◽  
Administrative Sanction

Criminal action is an act that violates the rules and punishable by crime, while the immigration administrative action is an administrative sanction given to foreigners outside the judicial process. One of the cases that have been in the public spotlight is the criminal case of Cessie Bank Balicorruption and bribery related to the deletion of the wanted list (DPO) by Djoko Tjandra. This study uses a qualitative empirical normative legal approach with data collection in the form of library materials which include statutory regulations, books, papers, and other sources. The formulation of the problem discussed in this study is how the application of criminal acts and Immigration Administrative Measures (TAK) in Law Number 6 Of 2011 concerning Immigration which is charged against Djoko Tjandra. The purpose of this research is to find out the criminal acts and administrative immigration actions given to Djoko Tjandra who was an Indonesian fugitive for many years. Based on the data analysis carried out, it was concluded that criminal and administrative actions ensnared Djoko Tjandra and the elements who helped him in accordance with the applicable rules, namely as the provisions written in the Criminal Code, Law Number 20 Of 2001 concerning the Eradication of Corruption Crime, and Law Number 6 Of 2011 concerning Immigration.

scholarly journals La loi française du 11 juillet 1979 relative à la motivation des actes administratifs

2005 ◽  
Vol 21 (3-4) ◽  
pp. 961-984
Author(s):  
Georges Péquignot
Keyword(s):  
Prime Minister ◽  
Administrative Law ◽  
General Application ◽  
The Public ◽  
Administrative Action ◽  
Statutory Requirement ◽  
Unfavourable Effect ◽  
To Come ◽  
Made In

This paper summarizes the changes brought about in French administrative law by a law of 1979 imposing on administrative authorities a broad duty to give reasons for their decisions. Traditionally, the state of the law had been that, failing a specific statutory requirement, administrative authorities were under no obligation to provide reasons. This, however, had not prevented the Conseil d'État from reviewing administrative action — even of a clearly discretionary nature — for unlawfulness or impropriety of motives. The new law is aimed at improving communications between administrative authorities and the public. It reverses the former rule for three broad classes of decisions concerning individual cases : those having an unfavourable effect on rights and interests, those allowing for more favourable treatment than is provided under a rule of general application, and those made by social security and unemployment assistance agencies. Alleviation or disregard of the new rule is allowed in cases of emergency, where confidentiality or secrecy is required by law, or where, no decision being made in a prescribed time, a negative decision is deemed to have been rendered. Guidelines for the implementation of the new law have been issued by the Prime Minister to all Ministers; the latter have in turn issued more detailed instructions to decision-making officers in their departments. Further guidance will have to come from the administrative courts when they are called upon to review decisions for insufficiency or impropriety of reasons. Ultimately, however, achievement of the goal of improving the quality of intercourse between citizens and administrative authorities will require the development of a more open and trustful relationship between them.

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