Administrative Law: Scope of Trial de Novo in Mandamus Proceeding to Review Decision of State Administrative Body

1943 ◽  
Vol 31 (4) ◽  
pp. 436
Author(s):  
R. W. G.
2019 ◽  
pp. 28-42
Author(s):  
Ketevan Tskhadadze

Purpose. In 1999 the adoption of the General Administrative Code and Administrative Procedure Code in Georgia gave basis for creation of the new administrative law, since before the entry into force of the above-mentioned codes, Georgia had no tradition of the administrative law and, hence, no practice of the administrative justice. In Georgia being part of the Soviet Union, and in the Soviet Union overall, the administrative law did not exist with the understanding that is regulated by the modern administrative law. The communist doctrine of the administrative law radically differs from the modern administrative law because in those times the administrative legislation was mainly defining the citizens’ obligations before the administration, rather than ensuring citizens’ rights and protection of their interests. Methods. Therefore, the article discusses development stages of the administrative law, the path gone through by the administrative law starting from the formulation until present time, also the Soviet heritage and its influence on the development of the administrative law is discussed, along with the influence of the European reception and establishment within the Georgian legislation, the core factors are analyzed, which caused the necessity of the creation of new administrative law. Results. The significant part in the article is devoted to the discussion of the subject of administrative law and system of administrative law on the example of the Georgian administrative law. The core elements of the implementation of public administration are discussed, the notion of the administrative body, forms of activity of the administrative body and basic principles that are characteristic to the Georgian administrative law. Conclusions. In this regard, the important place is given to particularities of the administrative proceeding and judicial process in Georgia, namely, so called “prejudicial” rule of appealing within the administrative body, suspensive effect of the administrative appeal, principles of disposition and inquisition in the administrative process, as well as the institute of the amicus curiae is discussed, as a particularity of the Georgian administrative justice.


2019 ◽  
Vol 16 (1) ◽  
pp. 153-165
Author(s):  
Joseph Eliot Magnet

Municipalities are prone to abuses of power by elected officials. The law books overflow with examples of municipal illegality. This threatens the rule of law. Courts require sufficient remedial authority to maintain the rule of law. An adequate remedy would simultaneously correct the illegal situation, deter repetition, compensate those injured, channel public outrage and, in certain cases, allow supervision of corrupt governmental processes or officials. To satisfy these requirements, a new head of liability is needed. Liability in damages should be imposed for intentional jurisdictional excess. The developing doctrine of administrative delict would provide for damages for deliberate and malicious abuse of power. Damages for an intentional or negligent failure of an individual or administrative body to operate within jurisdiction should be available either against the individual in his personal capacity or against the administrative body. Because many of the wrongs suffered as a result of the illegal use of power are intangible, exemplary damages should be readily available in an action for administrative delict. This remedy would also enable the courts to consider deterrence and breach of public trust in assessing the award. It is the responsibility of administrative law to maintain a sense of orderliness in public administration. The theory of administrative delict needs doctrinal nourishment in order to restrain the abuses of authorities imbued with statutory power.


Author(s):  
Aline Byrnes ◽  
Elsa E. Ramos ◽  
Minoru Suzuki ◽  
E.D. Mayfield

Renal hypertrophy was induced in 100 g male rats by the injection of 250 mg folic acid (FA) dissolved in 0.3 M NaHCO3/kg body weight (i.v.). Preliminary studies of the biochemical alterations in ribonucleic acid (RNA) metabolism of the renal tissue have been reported recently (1). They are: RNA content and concentration, orotic acid-c14 incorporation into RNA and acid soluble nucleotide pool, intracellular localization of the newly synthesized RNA, and the specific activity of enzymes of the de novo pyrimidine biosynthesis pathway. The present report describes the light and electron microscopic observations in these animals. For light microscopy, kidney slices were fixed in formalin, embedded, sectioned, and stained with H & E and PAS.


Author(s):  
M. Shlepr ◽  
R. L. Turner

Calcification in the echinoderms occurs within a limited-volume cavity enclosed by cytoplasmic extensions of the mineral depositing cells, the sclerocytes. The current model of this process maintains that the sheath formed from these cytoplasmic extensions is syncytial. Prior studies indicate that syncytium formation might be dependent on sclerocyte density and not required for calcification. This model further envisions that ossicles formed de novo nucleate and grow intracellularly until the ossicle effectively outgrows the vacuole. Continued ossicle growth occurs within the sheath but external to the cell membrane. The initial intracellular location has been confirmed only for elements of the echinoid tooth.The regenerating aboral disc integument of ophiophragmus filograneus was used to test the current echinoderm calcification model. This tissue is free of calcite fragments, thus avoiding questions of cellular engulfment, and ossicles are formed de novo. The tissue calcification pattern was followed by light microscopy in both living and fixed preparations.


2020 ◽  
pp. 1-7
Author(s):  
Oliver Westerwinter

Abstract Friedrich Kratochwil engages critically with the emergence of a global administrative law and its consequences for the democratic legitimacy of global governance. While he makes important contributions to our understanding of global governance, he does not sufficiently discuss the differences in the institutional design of new forms of global law-making and their consequences for the effectiveness and legitimacy of global governance. I elaborate on these limitations and outline a comparative research agenda on the emergence, design, and effectiveness of the diverse arrangements that constitute the complex institutional architecture of contemporary global governance.


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