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89-595: Illinois governing panel The Illinois Pollution Control Board (PCB) is a State of Illinois governing panel that is staffed in the state capital of Springfield, Illinois. Its duty is to development environmental rules and standards for Illinois, adjudicate complaints alleging violations of the Illinois Environmental Protection Act, and provides a forum of administrative law to appeal enforcement actions of Illinois environmental law, including enforcement actions of

178-696: A Master's and a Doctorate in Sociology. His doctoral thesis, under the supervision of Florestan Fernandes , examined the institution of slavery in Southern Brazil, critiquing, from a Marxist perspective, the dominant approach of Gilberto Freyre to the topic. It has since become a classic on the subject. Cardoso also received the Livre-Docência degree in 1963, the most senior level of academic recognition in Brazil, also from Universidade de São Paulo. In 1968, he received

267-448: A decision, the Court will only look at the method in which the decision was arrived at, whereas in an administrative appeal the correctness of the decision itself will be examined, usually by a higher body in the agency. This difference is vital in appreciating administrative law in common law countries. The scope of judicial review may be limited to certain questions of fairness , or whether

356-542: A discipline. Generally speaking, most countries that follow the principles of common law have developed procedures for judicial review that limit the reviewability of decisions made by administrative law bodies. Often these procedures are coupled with legislation or other common law doctrines that establish standards for proper rulemaking . Administrative law may also apply to review of decisions of so-called semi-public bodies, such as non-profit corporations , disciplinary boards, and other decision-making bodies that affect

445-541: A further increase of administrative structure devoted to coordinate the States' activity in that sector. Unlike most common law jurisdictions, most civil law jurisdictions have specialized courts or sections to deal with administrative cases that as a rule apply procedural rules that are specifically designed for such cases and distinct from those applied in private law proceedings, such as contract or tort claims. In Brazil, administrative cases are typically heard either by

534-425: A new free-floating regime. With this economic shift, the greatest achievement of Cardoso – his landmark lowering of inflation – was maintained, but his popularity plummeted. Given his previous experience as Minister of Foreign Affairs and his prestige as an internationally famous sociologist, he was respected on the world scene, building friendships with such leaders as Bill Clinton and Ernesto Zedillo . Although he

623-512: A position as a senior leader of his party and leading public voice in the opposition to the incumbent Workers' Party , writing extensively on Brazilian politics for newspapers and giving lectures and interviews. Nevertheless, his relatively low popularity rates among the general population have made his legacy a mixed blessing to his political allies, who are somewhat reluctant to embrace it wholeheartedly during elections, especially on topics regarding privatization and social policy. In 2006, he helped

712-460: A president to succeed himself, he won a second term almost as easily in 1998 , taking 53% to Lula's 31.7% to win in a single round. To date, he is the only president to win an outright majority of the popular vote, and the only one to win the presidency in a single round since the institution of the two-round system in 1989. Cardoso was succeeded in 2003 by Lula da Silva, who ran for the fourth time and had come in second on prior attempts. Lula won in

801-568: A reduction of local government spending. Cardoso was also criticized for amending the constitution to his own benefit, allowing him to stay eight years in office. His popularity in his first four years, gained with the success of Plano Real , decreased during his last four years as the currency crisis was followed by lower economic growth and employment rates, greater public debt, growing political dissent, low levels of investment in appropriate infrastructure, and, finally, an energy crisis caused by an unexpected drought, as over 80% of Brazil's electricity

890-496: A strong importance: it has led, for one, to changes in some traditional concepts of the administrative law model, as has happened with the public procurements or with judicial control of administrative activity and, for another, has built a supranational or international public administration, as in the environmental sector or with reference to education, for which, within the United Nations ' system, it has been possible to assist to

979-482: Is a Brazilian sociologist , professor, and politician who served as the 34th president of Brazil from 1 January 1995 to 1 January 2003. He was the first Brazilian president to be reelected for a subsequent term. An accomplished scholar of dependency theory noted for his research on slavery and political theory, Cardoso has earned many honors including the Prince of Asturias Award for International Cooperation (2000) and

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1068-599: Is available only if the law on which the primary decision is based specifically provides for it. An example involves objecting to a traffic ticket with the district attorney ( officier van justitie ), after which the decision can be appealed in court. Unlike France or Germany, there are no special administrative courts of first instance in the Netherlands, but regular courts have an administrative "chamber" which specializes in administrative appeals. The courts of appeal in administrative cases however are specialized depending on

1157-488: Is called " droit administratif ". Over the course of their history, France's administrative courts have developed an extensive and coherent case law ( jurisprudence constante ) and legal doctrine ( principes généraux du droit  [ fr ] and principes fondamentaux reconnus par les lois de la République  [ fr ] ), often before similar concepts were enshrined in constitutional and legal texts. These principes include: French administrative law,

1246-545: Is however also a single General Administrative Law Act ( Algemene wet bestuursrecht or Awb), which is a rather good sample of procedural laws in Europe. It applies both to the making of administrative decisions and the judicial review of these decisions in courts. Another act about judicial procedures in general is the Algemene termijnenwet (General time provisions act), with general provisions about time schedules in procedures. On

1335-404: Is hydroelectric. He publicly admitted that he could have done more for public security and for the creation of new jobs, but defended his policies in areas such as health and education. Cardoso's administration was accused of bribing congressmen to pass a constitutional amendment that secured FHC the right to seek reelection, which he eventually won. After stepping down from office, he assumed

1424-618: Is needed because state administrative law in the states is not uniform, and there are a variety of approaches used in the various states. Later it was modified in 1961 and 1981. The present version is the 2010 Model State Administrative Procedure Act ( MSAPA ) which maintains the continuity with earlier ones. The reason of the revision is that, in the past two decades state legislatures, dissatisfied with agency rule-making and adjudication, have enacted statutes that modify administrative adjudication and rule-making procedure. The American Bar Association 's official journal concerning administrative law

1513-456: Is no single specialized court to deal with actions against the administrative entities, but there are several specialized courts and procedures of review. Administrative law in China was virtually non-existent before the economic reform era initiated by Deng Xiaoping . Since the 1980s China has constructed a new legal framework for administrative law, establishing control mechanisms for overseeing

1602-461: Is the Verwaltungsakt (administrative ordinance). Pursuant to VwVfG § 35, an administrative ordinance exists where: a public authority (1) issues any decree, decision, or other official measure (2), in a matter of public law (3), with immediate legal effects outside the administration (4), to put in place a rule for an individual case (5). German legal scholarship traditionally organizes

1691-588: Is the Administrative Law Review , a quarterly publication that is managed and edited by students at the Washington College of Law . Stephen Breyer , a U.S. Supreme Court Justice from 1994 to 2022, divides the history of administrative law in the United States into six discrete periods, in his book, Administrative Law & Regulatory Policy (3d Ed., 1992): The agricultural sector is one of

1780-404: Is underway. In France, there is a dual jurisdictional system with the judiciary branch responsible for civil law and criminal law , and the administrative branch having jurisdiction when a government institution is involved. Most claims against the national or local governments as well as claims against private bodies providing public services are handled by administrative courts , which use

1869-399: Is used to filter cases before going to court. Sometimes, instead of bezwaar , a different system is used called administratief beroep (administrative appeal). The difference with bezwaar is that administratief beroep is filed with a different administrative body, usually a higher ranking one, than the administrative body that made the primary decision. Administratief beroep

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1958-511: The Conseil d'État (Council of State) as a court of last resort for both ordinary and special courts. The main administrative courts are the tribunaux administratifs and appeal courts are the cours administratives d'appel . Special administrative courts include the National Court of Asylum Right as well as military, medical and judicial disciplinary bodies. The French body of administrative law

2047-565: The Rechtsstaat ( rule of law ) that pervade administration ‒ mostly developed before the adoption of the modern 1949 Constitution, but strengthened and expanded after its advent by their the new conceptual foundation ‒ include: The vast majority of public administration in Germany is performed by its component federal entities ( German : (Bundes-)Länder ), which are responsible for the execution both of federal laws and their own laws (execution of

2136-475: The Administrative Procedure Act ( APA ) in 1946. Many of the independent agencies operate as miniature versions of the tripartite federal government, with the authority to "legislate" (through rulemaking ; see Federal Register and Code of Federal Regulations ), "adjudicate" (through administrative hearings), and to "execute" administrative goals (through agency enforcement personnel). Because

2225-486: The Environmental Protection Agency play a significant regulatory role as well. Fernando Henrique Cardoso Fernando Henrique Cardoso GCB GCTE GCoIISE GColIH GColL GCM RE DMN CYC OMRI ( Brazilian Portuguese: [feʁˈnɐ̃du ẽˈʁiki kaʁˈdozu] ; born 18 June 1931), also known by his initials FHC ( Brazilian Portuguese: [ˌɛfjaɡaˈse] ),

2314-618: The Global Commission on Drug Policy . He appeared as an interviewee in 2011 documentary Breaking the Taboo , which explores the conclusion reached by the Global Commission on Drug Policy in 2011 that drug liberalization is the best approach in dealing with drug policy. Cardoso is also a member of The Elders , a group of independent global leaders who work together on peace and human rights issues. In August 2009, he travelled to Israel and

2403-953: The Illinois Environmental Protection Agency (IEPA). Although the IEPA and the PCB are closely affiliated, they are legally separate entities. References [ edit ] ^ "State of Illinois Proclamation" . Pollution Control Board . State of Illinois . June 12, 2020 . Retrieved February 1, 2021 . ^ "Welcome to the Illinois Pollution Control Board" . Pollution Control Board . State of Illinois. 2020 . Retrieved February 1, 2021 . Retrieved from " https://en.wikipedia.org/w/index.php?title=Illinois_Pollution_Control_Board&oldid=1245972887 " Categories : State agencies of Illinois State environmental protection agencies of

2492-872: The International Sociological Association (ISA), from 1982 to 1986. He is a member of the Institute for Advanced Study (Princeton), an honorary foreign member of the American Academy of Arts and Sciences and has written several books. Cardoso was also associate director of Studies in the École des hautes études en sciences sociales in Paris, then visiting professor at the Collège de France and later Paris Nanterre University . He later gave lectures at British and US universities including Cambridge University , Stanford University , Brown University and

2581-609: The Kluge Prize from the US Library of Congress (2012). Cardoso was the 10th president of the International Sociological Association (1982–1986). Cardoso descends from wealthy Portuguese immigrants. Some were politicians during the Empire of Brazil . He also has African ancestry, through a black great-great-grandmother and a mulatto great-grandmother. Cardoso described himself as "slightly mulatto" and allegedly said he has "a foot in

2670-454: The Supreme Court of India , has also recognized two more grounds of judicial review which were recognized but not applied by English Courts, namely legitimate expectation and proportionality . The powers to review administrative decisions are usually established by statute, but were originally developed from the royal prerogative writs of English law , such as the writ of mandamus and

2759-668: The United States Constitution sets no limits on this tripartite authority of administrative agencies , Congress enacted the APA to establish fair administrative law procedures to comply with the constitutional requirements of due process . Agency procedures are drawn from four sources of authority: the APA, organic statutes, agency rules, and informal agency practice. It is important to note, though, that agencies can only act within their congressionally delegated authority, and must comply with

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2848-706: The University of California, Berkeley . He is fluent in Portuguese, English, French, and Spanish, and can express himself in Italian and German. After his presidency, he was appointed to a five-year term (2003–2008) as professor-at-large at Brown University 's Watson Institute for International Studies , where he is now on the board of overseers. Cardoso is a founding member of the University of Southern California Center on Public Diplomacy's advisory board. In February 2005, he gave

2937-483: The judicial or legislative branches . In the federal government , the executive branch, led by the president, controls the federal executive departments , which are led by secretaries who are members of the United States Cabinet . The many independent agencies of the United States government created by statutes enacted by Congress exist outside of the federal executive departments but are still part of

3026-465: The 20th century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In the last fifty years, administrative law, in many countries of the civil law tradition, has opened itself to the influence of rules posed by supranational legal orders, in which judicial principles have

3115-634: The Federal Courts (in matters concerning the Federal Union) or by the Public Treasury divisions of State Courts (in matters concerning the States). In 1998 a constitutional reform led by the government of President Fernando Henrique Cardoso introduced regulatory agencies as a part of the executive branch. Since 1988, Brazilian administrative law has been strongly influenced by the judicial interpretations of

3204-675: The Latin American policy publication Americas Quarterly , for which he is an occasional contributor. Since leaving the Brazilian presidency, Cardoso has been involved in a number of international organisations and initiatives. He is a member of the Club of Madrid and was its president from 2003 to 2006. He has been a member of the Fondation Chirac 's honour committee, ever since the Foundation

3293-514: The United States Hidden categories: Articles with short description Short description matches Wikidata Administrative law Administrative law deals with the decision-making of such administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during

3382-415: The United States, has written two books about his experience as president of Brazil and advocates for relaxation of criminal laws relating to drugs, generating both criticism and praise. He lectures at Brown University about Brazilian economic policy, urban development, and deforestation and has taught as a guest lecturer at Sciences Po in Paris. Also, in 2007 he became a member of the editorial board of

3471-517: The United States. After presiding the International Sociological Association from 1982 to 1986 Cardoso was selected as a Fulbright Program 40th anniversary distinguished fellow and in that capacity was a visiting scholar and lectured at Columbia University on democracy in Brazil. Cardoso currently gives speeches and classes abroad. In June 2013 he was elected as a member of Academia Brasileira de Letras . He said his election

3560-605: The administrative action is ultra vires . In terms of ultra vires actions in the broad sense, a reviewing court may set aside an administrative decision if it is unreasonable (under Canadian law, following the rejection of the "Patently Unreasonable" standard by the Supreme Court in Dunsmuir v New Brunswick ), Wednesbury unreasonable (under British law), or arbitrary and capricious (under U.S. Administrative Procedure Act and New York State law). Administrative law, as laid down by

3649-423: The basis of continental administrative law, has had a strong influence on administrative laws in several other countries such as Belgium, Greece, Turkey and Tunisia. In Germany, administrative law ( German : Verwaltungsrecht ) includes all law that specifically governs the legal relationships between public authorities and private persons, and that is not more precisely described as constitutional law. It sets out

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3738-490: The basis of the Awb, citizens can oppose a decision ( besluit ) made by an administrative agency ( bestuursorgaan ) within the administration and apply for judicial review in courts if unsuccessful. Before going to court, citizens must usually first object to the decision with the administrative body who made it. This is called bezwaar . This procedure allows for the administrative body to correct possible mistakes themselves and

3827-449: The body of German administration-related law into the following fields, each with its particular legal doctrines and written rules: The law governing the adjudication of questions of administrative law before the courts of general administrative jurisdiction ( German : Verwaltungsgerichte ) is the Code on Administrative Courts ( German : Verwaltungsgerichtsordnung , abbreviated VwGO), which

3916-746: The bureaucracy, and disciplinary committees for the Chinese Communist Party . In 1989, China established its Administrative Litigation Law, which provides and avenue for people to challenge government action. In 2014, it was amended to lower the burdens on those challenging administrative actions. In 1990, the Administrative Supervision Regulations (行政检查条例) and the Administrative Reconsideration Regulations (行政复议条例) were passed. The 1993 State Civil Servant Provisional Regulations (国家公务员暂行条例) changed

4005-564: The campaign of the PSDB candidate for the Presidency, Geraldo Alckmin , and has reiterated that he does not wish to run for office again. In the 2022 presidential election , Cardoso endorsed his former Workers' Party rival Lula over then-incumbent Jair Bolsonaro . He dedicates his time to a personal institute which he founded in São Paulo , based on the model of bodies created by former presidents of

4094-498: The case, but most administrative appeals end up in the judicial section of the Council of State ( Raad van State ). In Sweden, there is a system of administrative courts that considers only administrative law cases, and is completely separate from the system of general courts. This system has three tiers, with 12 county administrative courts ( förvaltningsrätt ) as the first tier, four administrative courts of appeal ( kammarrätt ) as

4183-510: The centrist Party of the Brazilian Democratic Movement (PMDB), joined Cardoso's governing coalition after the election, as did the right-wing Brazilian Progressive Party (PPB) in 1996. Party loyalty was not always strong, and coalition members did not always vote with the government. Cardoso had difficulty at times gaining support for some of his legislative priorities, even though his coalition held an overwhelming majority of

4272-461: The congressional seats. Nevertheless, many constitutional amendments were passed during his presidency. Cardoso's presidency saw institutional advancements in human rights, beginning with a national secretariat and a new government program, discussed with civil society, to address the issue. On 8 January 1996, he issued the controversial Decree 1775 , which created a framework for the clear demarcation of indigenous territories , but which, as part of

4361-552: The constitutional principles of public administration (Art. 37 of Federal Constitution): legality, impersonality, publicity of administrative acts, morality and efficiency. In Chile the President of the Republic exercises the administrative function, in collaboration with several ministries or other authorities with ministerial rank . Each ministry has one or more under-secretaries that act through public service to meet public needs. There

4450-415: The courts of special administrative jurisdiction over tax disputes ( German : Finanzgerichte ) or over social benefits disputes ( German : Sozialgerichte ). In Italy administrative law is known as Diritto amministrativo , a branch of public law whose rules govern the organization of the public administration and the activities of the pursuit of the public interest of the public administration and

4539-460: The creation of rules with the force of law, which are usually thought of as legislative), would then be held to the standards of administrative law, and not another field of law. This discussion is of seen as being of particular importance when considering the role of administrative law in maintaining the division of government powers . For this purpose, a traditional approach tries negatively to define administration by subtracting those operations of

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4628-401: The executive branch. Congress has also created some special judicial bodies known as Article I tribunals to handle some areas of administrative law. The actions of executive agencies and independent agencies are the main focus of American administrative law. In response to the rapid creation of new independent agencies in the early twentieth century (see discussion below), Congress enacted

4717-821: The following programs: Bolsa Escola , the Auxílio Gás , the Bolsa Alimentação, and the Cartão Alimentação. His wife, Ruth Cardoso , focused on unifying transfer programs aimed at helping people suffering from poverty and hunger., by means of a program based on the idea that educating the poor could help raise them out of poverty. Cardoso's administration deepened the privatization program launched by president Fernando Collor de Mello . During his first term, several government-owned enterprises in areas such as steel milling, telecommunications and mining, such as Telebras and Companhia Vale do Rio Doce were sold to

4806-661: The fourth annual Kissinger Lecture on Foreign Policy and International Relations at the Library of Congress, Washington DC on "Dependency and Development in Latin America . In 2005, Cardoso was selected by the British magazine Prospect as being one of the world's top one hundred living public intellectuals. Cardoso earned a bachelor's degree in Social Sciences from Universidade de São Paulo in 1952, from where he also earned

4895-408: The government achieved better profitability as a result of their disengagement from the state. Despite the sale of public assets, the years 1995 to 2002 saw a rise of the total public debt from 30% to 55.5% of GDP. Economists aligned with his government argued that this was due to external factors outside the control of the administration at the time, such as the devaluation of the Brazilian real and

4984-457: The growth of the share of the debt denominated in US dollars. Nevertheless, devaluation of the currency was an instrument of monetary policy used right after his reelection, when the real pegged to the dollar led to a financial crisis that saw the country lose much of its foreign reserve fund and raise its interest rates on government bonds to very high levels as he tried to stabilize the currency under

5073-566: The internal rules of procedure, including the procedural rules governing the drafting of the Constitution itself. These rules of procedure were adopted by the Assembly and published on 25 March 1987. Until 1992, Cardoso served as Leader of the PSDB in the Senate. From October 1992 to May 1993, he served as Minister of Foreign Affairs under President Itamar Franco (PMDB). From May 1993 to April 1994, he

5162-538: The kitchen" (a nod to historical Brazilian domestic slavery ). Born in Rio de Janeiro, he lived in São Paulo for most of his life. Cardoso is a widower who was married to Ruth Vilaça Correia Leite Cardoso , an anthropologist, from 1953 until her death on 24 June 2008; they had three children. Educated as a sociologist, he was a professor of political science and sociology at the Universidade de São Paulo . and president of

5251-745: The laws directly by authorities of the Federal Republic being the exceptional case, as established by artt. 83 et seqq. of the Constitution). German legal scholarship does not have an agreed-upon definition for public administration. In one sense, administration – more precisely, everything that is subject to administrative law – is conceptualized as being all state activity of a certain type (material definition of public administration). This approach leads to disputes about whether to treat acts of public authority as acts of administration (and therefore executive) even when they are performed by component parts of

5340-430: The left to identify him with neoliberalism and right-wing politics , terms that often carry a very negative connotation in Latin American political debate and academic circles. He also experienced personal problems with former ally Itamar Franco , his predecessor and later became Governor of Minas Gerais , a fierce opponent of his administrative reforms that saw the state lose its capacity to contract debt and forced

5429-513: The legal forms and principles common to most fields of its public administration is the Law on Administrative Procedure ( German : Verwaltungsverfahrensgesetz , abbreviated VwVfG); before the enactment of this law in 1977, these rules had only been general principles developed in the scholarly literature and the courts. The VwVfG is not a full codification of the generally applicable ground rules of German administrative law, since it mostly only determines

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5518-458: The legal rights of members of a particular group or entity. While administrative decision-making bodies are often controlled by larger governmental units, their decisions could be reviewed by a court of general jurisdiction under some principle of judicial review based upon due process (United States) or fundamental justice (Canada). Judicial review of administrative decisions is different from an administrative appeal. When sitting in review of

5607-575: The main administrative courts. The decisions of the administrative courts are checked by the Regional Administrative Courts and Council of State. Council of State as a court of last resort is exactly similar to Conseil d'État in France. Administrative law in Ukraine is a homogeneous legal substance isolated in a system of jurisprudence characterized as: (1) a branch of law; (2) a science; (3)

5696-476: The modern German state, whose legal culture emphasizes private persons' subjective rights (also, pursuant to art. 19 IV of the current German Constitution of 1949 , such rights must be fully justiciable). Final say on the interpretation of the law lies with the courts of administrative jurisdiction ( German : Verwaltungsgerichte ), and the law usually permits close judicial scrutiny of public authorities' exercise of discretion. Central legal principles of

5785-526: The most heavily regulated sectors in the U.S. economy, as it is regulated in various ways at the international, federal, state, and local levels. Consequently, administrative law is a significant component of the discipline of agricultural law . The United States Department of Agriculture and its myriad agencies such as the Agricultural Marketing Service are the primary sources of regulatory activity, although other administrative bodies such as

5874-410: The others, or been entirely convincing to scholars of German administrative law. Nevertheless, certain features may be seen as being characteristic of administration: According to Maurer and Waldhoff, administration is social engineering (exerting influence on the non-state, societal domain) (1), oriented towards some conception of the (ever-changing) public interest (2), that consists of taking action in

5963-552: The polls, he let himself be photographed in the mayor's chair before the elections. Some attribute his loss to this episode. Elected to the Senate in 1986 for the Party of the Brazilian Democratic Movement (PMDB), which MDB became after re-democratization, he joined a group of PMDB parliamentarians who left that party to found the Brazilian Social Democratic Party ( PSDB ) after previously held PMDB positions shifted to

6052-638: The present, with a view to engineering the future (3), and that comprises concrete measures to regulate individual cases and to realize particular plans (4). Scholarly treatises of German administrative law are almost always split into two parts: doctrines and rules that can be found across-the-board ( allgemeines Verwaltungsrecht ); and doctrines and rules that exist only in certain parts of administrative law ( German : besonderes Verwaltungsrecht , lit.   'special administrative law') – e.g. police law, urban planning law, or local government law. Germany's principal piece of legislation concerning

6141-448: The private sector, the deepest denationalisation in Brazilian history, amidst a polarized political debate between "neoliberals" and "developmentalists". Ironically, this time Cardoso was against the latter group, generating uproar among former academic colleagues and political allies who accused him of reneging on his previous intellectual work. Economists still contend over its long-term effects; some research suggests that companies sold by

6230-512: The procedure to be followed by public authorities in the fulfillment of their tasks, rather than mandating the substance of public administration. The VwVfG is a federal law that only applies to administration carried out by the German federal authorities. All 16 German Länder have, however, enacted a Law on Administrative Procedure of their own that is nearly word-for-word identical with the federal VwVfG. The standard form of administrative action

6319-419: The process, opened indigenous territories to counterclaims by adjacent landowners. In 2000, Cardoso demanded the disclosure of some classified military files concerning Operation Condor , a network of South American military dictatorships that kidnapped and assassinated political opponents. FHC was the first Brazilian President to address the inequality and the enormous gap between rich and poor. He started

6408-572: The recently enacted Constitutional Procedure Act (憲法訴訟法) in 2019 (former Constitutional Interpretation Procedure Act, 1993 ), the Justices of the Constitutional Court of Judicial Yuan of Taiwan is in charge of judicial interpretation . As of 2019, this council has made 757 interpretations. In Turkey , the lawsuits against the acts and actions of the national or local governments and public bodies are handled by administrative courts which are

6497-550: The relationship between this and the citizens. Its genesis is related to the principle of division of powers of the State. The administrative power, originally called "executive", is to organize resources and people whose function is devolved to achieve the public interest objectives as defined by the law. In the Netherlands administrative law provisions are usually contained in the various laws about public services and regulations. There

6586-652: The requirements of the APA. At state level the first version of the Model State Administrative Procedure Act was promulgated and published in 1946 by the Uniform Law Commission (ULC), in which year the Federal Administrative Procedure Act was drafted. It is incorporated basic principles with only enough elaboration of detail to support essential features, therefore it is a "model", and not a "uniform", act. A model act

6675-464: The right when the party filled with politicians who had collaborated with the dictatorship. As a senator, Cardoso took part in the 1987–1988 National Constituent Assembly that drafted and approved Brazil's current Constitution in the wake of the country's re-democratization. In the early stages of the Constituent Assembly's work (from February to March 1987), Cardoso led the committee that drafted

6764-631: The runoff election against the Cardoso-supported candidate, José Serra . Lula's election has been interpreted as resulting from Cardoso's low approval ratings in his second term. Cardoso, often nicknamed "FHC", was elected with the support of a heterodox alliance of his own Brazilian Social Democracy Party (PSDB) and two right-wing parties, the Liberal Front Party (PFL) and the Brazilian Labour Party (PTB). Brazil's largest party,

6853-701: The second tier, and the Supreme Administrative Court of Sweden ( Högsta Förvaltningsdomstolen ) as the third tier. Migration cases are handled in a two-tier system, effectively within the system general administrative courts. Three of the administrative courts serve as migration courts ( migrationsdomstol ) with the Administrative Court of Appeal in Stockholm serving as the Migration Court of Appeal ( Migrationsöverdomstolen ). In Taiwan

6942-563: The state (that is to say, the government) that the law formally classifies as a legislative or a judicial body: For instance, the parliament may impose a fine on one of its members for misbehavior, or a presiding judge may direct a disruptive member of the public to be removed from the viewing gallery. The opposite approach – the formalist definition of public administration – begins its examination by considering all those public authorities intended (judging by their lawful charter, organizational context, internal structure, and performed tasks) to do

7031-421: The state which cannot be called administration, namely law-making and adjudication. Using this negative definition, though, requires law-making and adjudication to be defined first, and leaves some activities that are a poor fit for the term "administration", such as the cabinet government's political leadership decisions, within the bounds of the definition. Positive definitions abound, but none has won out over

7120-426: The tasks, aims and powers, as well as the organization and procedure, for all public authorities ( German : Behörden ). As a field of legal study, administrative law has been differentiated from other branches of public law since the late 19th century in Germany; the precise delimitations of "administration" as a concept, however, are in contention. Administrative law defines all aspects of public administration in

7209-520: The title of Cathedratic Professor , holding the chair of Political Science at Universidade de São Paulo. As he continued his academic career abroad in Chile and France after the tightening of the Brazilian military dictatorship, Cardoso published several books and papers on state bureaucracy, industrial elites and, particularly, dependency theory . His work on dependency would be his most acclaimed contribution to sociology and development studies, especially in

7298-556: The way government officials were selected and promoted, requiring that they pass exams and yearly appraisals, and introducing a rotation system. The three regulations have been amended and upgraded into laws. In 1994, the State Compensation Law (国家赔偿法) was passed, followed by the Administrative Penalties Law (行政处罚法) in 1996. Administrative Compulsory Law was enforced in 2012. The General Administrative Procedure Law

7387-416: The work of public administration, and equates their functioning with public administration. There is some danger of circular reasoning , since the formal categorization of the organizational unit may in turn derive from some material conception of its function. Some functions that might, in the material view, be seen as not of the executive type, and thus not as belonging to the field of administration (such as

7476-408: The writ of certiorari . In certain common law jurisdictions, such as India or Pakistan , the power to pass such writs is a Constitutionally guaranteed power. This power is seen as fundamental to the power of judicial review and an aspect of the independent judiciary . In the United States, many government agencies are organized under the executive branch of government, although a few are part of

7565-453: Was Minister of Finance and resigned in April 1994 to launch a presidential campaign. In the 3 October election , he won the presidency in the first round of voting with 54% of the vote, more than twice that of his nearest opponent, Luiz Inácio Lula da Silva . This is still the largest margin of victory ever recorded in a free election in Brazilian history. After the constitution was amended to allow

7654-546: Was due to recognition for his academic achievements, rather than his political career. After his return to Brazil, Fernando Henrique engaged with the burgeoning democratic opposition to the military-dominated regime both as an intellectual and as a political activist. He became Senator from São Paulo for the former Brazilian Democratic Movement (MDB) in 1982, replacing Franco Montoro, the newly elected governor of São Paulo. In 1985, he ran unsuccessfully for mayor of São Paulo against former President Jânio Quadros . Ahead in

7743-505: Was enacted in 1960. Though the VwGO was not conceived as a full codification of court process for the courts of general administrative jurisdiction, and VwGO § 173 directs these courts to apply Germany's Code of Civil Procedure wherever the VwGO lacks special rules, proceedings before the courts of general administrative jurisdiction are mostly distinct from civil proceedings before the courts of general jurisdiction. The VwGO also does not apply to

7832-502: Was launched in 2008 by former French president Jacques Chirac to promote world peace. Cardoso is a founding member of Washington D.C.-based think tank The Inter-American Dialogue as well as former chair of the organization's board. He is also a former director of World Resources Institute . Cardoso has a particular interest in drug policy. He served on the Latin American Commission on Drugs and Democracy and later chaired

7921-455: Was respected abroad, in Brazil he had problems gaining support in Congress for government priorities and among people in general. As a result, major reforms planned by the executive branch , such as changes in the tax system and to social security , were only partially approved and only after long discussion. Although claiming to still support social democracy , his economic policies led people on

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