Constitutionality of Merit System Legislation

1919 ◽  
Vol 13 (4) ◽  
pp. 593-606 ◽  
Author(s):  
Ben A. Arneson

Constitutional objections to many of the provisions of the civil service laws have been raised in several of the jurisdictions in which such legislation has been enacted. In addition to the national government there are today ten states which have provided for the application of the merit system to the appointment of all or a portion of the administrative officers and employees. These ten states with the dates of the adoption of the law are as follows: New York, 1883; Massachusetts, 1884; Wisconsin, 1905; New Jersey, 1908; Illinois, 1911; Colorado, 1912; Ohio, California and Connecticut, 1913; and Kansas, 1915. In Illinois and Colorado the employees in the state institutions had been under the merit system for several years prior to the adoption of the general civil service laws.In four of these jurisdictions—California, Colorado, Connecticut and Kansas—there have been no cases involving the constitutionality of civil service legislation. In Colorado there have been at least two bitter controversies in the courts as to the interpretation of the law but in neither case did the parties who fought the law contend that it was unconstitutional. The question of the legality of the adoption of the Colorado law has also been before the courts; but the constitutionality of the provisions of the law has not been attacked. In New Jersey the only case of importance touching the matter of constitutionality is that of the Attorney-General v. McGuinness, but here the decision dealt entirely with the constitutionality of one of the methods prescribed for extending the operation of the law to municipalities.

1941 ◽  
Vol 35 (5) ◽  
pp. 933-940
Author(s):  
Leonard S. Saxe

The Judicial Council and Its Objectives. My assignment is to implement Professor Sunderland's brilliant primer on judicial councils by a more specific presentation utilizing the experiences of the New York State Judicial Council. Of the three elements that enter into a consideration of the judicial branch of government, the first—the substantive law, the law of rights and duties—is not within the province of the judicial council either in New York or elsewhere. The second element—the machinery of justice—is the principal field of the judicial council. If the council does its work well in that field, attention cannot fail to be focused upon the third and most important element—also part of a judicial council's problems—the judicial personnel.


2020 ◽  
Vol 56 (07) ◽  
pp. 60-65
Author(s):  
Samira Eldar Mehraliyeva ◽  

The effective and successful implementation of the constitutional right of citizens to participate in the management of the state depends on the admission to the civil service. Admission to the civil service is one of the central issues of the civil service legislation. As the civil service is a relatively young and newly studied area in our legislation, there is a constant need for scientific research and suggestions for improvement in this area. The article reflects the legal and factual problems in this field, as a right to civil service, the conduct of competitions, the criteria for evaluating candidates. Key words: right of admission, organization of competitions, evaluation of the candidate, legal basis, actual problems


Significance At the beginning of 2021, the ZP coalition of the Law and Justice (PiS), Accord and United Poland (SP) parties is stable, but not as strong as it has been in previous years. This weakening in the PiS-led government’s condition is due to many factors, among which the coronavirus pandemic is one of the most important. Impacts The process will continue of subordinating any independent state institutions still left to party control. PiS will take further, similar steps regarding the media, academia and NGOs. After months of pandemic lockdown, the state of the economy is stable if not ideal, and will not lead to early elections.


2018 ◽  
Vol 21 (35) ◽  
pp. 38-51
Author(s):  
Marţian Iovan

Abstract The author analyzes in this paper principles and ides of philosophy of law issued by Mircea Djuvara, which preserve their contemporaneity, being useful for the perfecting of the state institutions and of the democracy not only at national level, but also at European Union one. His ideas and logical demonstration on the rational fundamentals of law, the autonomy of the moral and legal conscience, the specificity of truth and of juridical knowledge, the philosophical substantiation of power and Constitution, the principles of the democracy and the connections between the political power and the law are just few of the original elements due to which Djuvara became an acknowledged and respected personality not only in Romania, but also in the experts clubs of the Europe between the two World Wars.


1931 ◽  
Vol 25 (2) ◽  
pp. 238-251
Author(s):  
Blewett Lee

On September 15, 1930, the State Board of Commerce and Navigation of New Jersey made a ruling that aircraft would not be permitted to land on any New Jersey waters above tidewater within the jurisdiction of the state. The application had been made for permission to operate a five passenger flying boat between Nolan's Point, Lake Hopatcong, a vacation resort, and New York City, and to set off a portion of the lake to make a landing place for the hydroairplane. It was stated that other inland waters in New Jersey were being used for a similar purpose, and the ground of the refusal was that aircraft flying from water constituted a menace to surface navigation. This ruling created considerable newspaper comment and aroused vigorous protest from persons interested in aviation, and by order of October 20, 1930, the ruling was limited to Lake Hopatcong.


Significance National and state leaders of his Democratic Party had been pressing Cuomo to resign since last week’s publication of a report from State Attorney-General Letitia James detailing his sexual harassment of eleven women, including state employees. Cuomo’s impeachment by the state legislature was looking all but certain by the time he resigned. Impacts Prosecutors in five New York State counties will continue to pursue separate criminal investigations despite Cuomo’s resignation. The State Assembly may complete the impeachment process, despite Cuomo’s resignation, in order to prevent him from running again. Cuomo will continue to talk up his liberal polices, his opposition to Donald Trump, and his leadership during the pandemic.


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