This presentation by the OECD Competition Division was made during the discussion on "Independence of competition authorities - from designs to practices" held at the 15th Global Forum on Competition on 1 December 2016. More papers and presentations on the topic can be found out at www.oecd.org/competition/globalforum/independence-of-competition-authorities.htm
The document defines bureaucracy as a large organization with specialized knowledge divided into clear hierarchies to carry out specific missions. Bureaucracies translate democratic intentions into actions. Advantages include organizing large tasks and concentrating talent, while disadvantages include efficiency versus responsiveness. The document also outlines the roles of bureaucrats as executing laws, rule-making including interpreting laws and prescribing actions, and adjudicating whether rules were violated by acting like legislatures and courts.
The National Commission for Women is considering a new law or policy to address all forms of gender-based discrimination in the workplace beyond just sexual harassment. Currently, the law only prohibits sexual harassment but not other types of harassment based on sex. A retired Supreme Court justice said the current definition is inadequate and a new law is needed to prohibit discrimination based on sex entirely, as mandated by the Constitution. The proposed new policy would curb gender discrimination at work that is not sexual in nature, such as biased behavior, unreasonable treatment, derogatory remarks, discrimination in salary or opportunities against women employees.
The National Commission for Women is considering a new law or policy to address all forms of gender-based discrimination in the workplace beyond just sexual harassment. Currently, the law only prohibits sexual harassment but not other types of harassment based on sex. A retired Supreme Court justice said the current definition is inadequate and a new law is needed to prohibit discrimination based on sex entirely, as mandated by the Constitution. The proposed new policy would curb gender discrimination at work that is not sexual in nature, such as biased behavior, unreasonable treatment, derogatory remarks, discrimination in salary or opportunities against women employees.
This document reflects on how a problem becomes a law through the legislative process in Connecticut. It notes that dozens of proposals will be introduced to address the health care crisis, from minor fixes to complete overhauls. Getting constituents involved through phone calls, letters, and conversations with their elected officials has a major impact on the legislative process. Ultimately, just 187 legislators will decide what kind of universal health care legislation passes, but less than 20 may truly understand the bill. The author argues that inaction is safer for politicians than action, and small changes are safer than meaningful reforms. Poor leadership and the power of insurance industry lobbyists contributed to defeating meaningful health care reform. A backroom deal between just a few people ultimately determined what became law
This document provides an overview of biofuels, including their classifications, sources, and production processes. It discusses various food crops that can be used for biofuel production, such as sugarcane, maize, rice, and mustard. It also covers non-food biofuel crops like jatropha. The document outlines the transesterification process used to produce biodiesel from oils. It discusses the benefits of biofuels but also notes concerns about their impact on food security and competition for land and water resources.
This presentation by the OECD Competition Division was made during the discussion on "Independence of competition authorities - from designs to practices" held at the 15th Global Forum on Competition on 1 December 2016. More papers and presentations on the topic can be found out at www.oecd.org/competition/globalforum/independence-of-competition-authorities.htm
The document defines bureaucracy as a large organization with specialized knowledge divided into clear hierarchies to carry out specific missions. Bureaucracies translate democratic intentions into actions. Advantages include organizing large tasks and concentrating talent, while disadvantages include efficiency versus responsiveness. The document also outlines the roles of bureaucrats as executing laws, rule-making including interpreting laws and prescribing actions, and adjudicating whether rules were violated by acting like legislatures and courts.
The National Commission for Women is considering a new law or policy to address all forms of gender-based discrimination in the workplace beyond just sexual harassment. Currently, the law only prohibits sexual harassment but not other types of harassment based on sex. A retired Supreme Court justice said the current definition is inadequate and a new law is needed to prohibit discrimination based on sex entirely, as mandated by the Constitution. The proposed new policy would curb gender discrimination at work that is not sexual in nature, such as biased behavior, unreasonable treatment, derogatory remarks, discrimination in salary or opportunities against women employees.
The National Commission for Women is considering a new law or policy to address all forms of gender-based discrimination in the workplace beyond just sexual harassment. Currently, the law only prohibits sexual harassment but not other types of harassment based on sex. A retired Supreme Court justice said the current definition is inadequate and a new law is needed to prohibit discrimination based on sex entirely, as mandated by the Constitution. The proposed new policy would curb gender discrimination at work that is not sexual in nature, such as biased behavior, unreasonable treatment, derogatory remarks, discrimination in salary or opportunities against women employees.
This document reflects on how a problem becomes a law through the legislative process in Connecticut. It notes that dozens of proposals will be introduced to address the health care crisis, from minor fixes to complete overhauls. Getting constituents involved through phone calls, letters, and conversations with their elected officials has a major impact on the legislative process. Ultimately, just 187 legislators will decide what kind of universal health care legislation passes, but less than 20 may truly understand the bill. The author argues that inaction is safer for politicians than action, and small changes are safer than meaningful reforms. Poor leadership and the power of insurance industry lobbyists contributed to defeating meaningful health care reform. A backroom deal between just a few people ultimately determined what became law
This document provides an overview of biofuels, including their classifications, sources, and production processes. It discusses various food crops that can be used for biofuel production, such as sugarcane, maize, rice, and mustard. It also covers non-food biofuel crops like jatropha. The document outlines the transesterification process used to produce biodiesel from oils. It discusses the benefits of biofuels but also notes concerns about their impact on food security and competition for land and water resources.
The document discusses the influence of the Chinese Communist Party (CCP) on business laws in China. It explains that the CCP is the main lawmaking body and all business laws must be discussed and passed by the CCP. It describes the legislative process for passing laws and the roles of the Politburo Standing Committee and the National People's Congress. The CCP has significant control over business law reforms and strategic plans to further open China's market.
Competition Journal Article by Emilio Varanini and Feng JiangEmilio Varanini
This document summarizes a 2014 Chinese Supreme Court decision regarding antitrust law between Qihoo and Tencent. It discusses how the decision demonstrates China's commitment to developing the rule of law in several ways:
1) By thoroughly applying legal principles and economic theories to complex factual circumstances, helping to balance administrable rules with economic analysis.
2) By establishing an important precedent that lower courts can apply to similar cases, developing China's system of case law.
3) By following due process and protecting the legitimate interests of litigants.
The document argues this decision shows the Chinese judiciary is capable of carrying out the tasks necessary for the rule of law, and its influence will depend on how
The document discusses recent constitutional developments in China following the Fourth Plenum meeting. It analyzes China's concept of "rule of law" and Xi Jinping's promotion of "Socialist rule of law with Chinese characteristics." It examines the effectiveness of China's constitution by analyzing legal cases and the gap between theory and practice. It also questions whether China's rule of law system will evolve into one based on constitutionalism. The author outlines a research methodology using case studies, document analysis, and interviews to further investigate these issues and understand the implications of the Fourth Plenum for China's legal future.
What is Constitutional governance? The presentation is a lecture delivered at the Lahore University of Management Sciences (LUMS), which explores the normative aspects of Constitutional justice and the constitutionality of actual practise, politics and policy.
Chapter 12 –
The Bureaucracy
The Bureaucracy is not in the Constitution, but is created as an outgrowth of laws passed by Congress and enacted by the President.
The Bureaucracy’s power comes from being able to interpret laws passed by Congress (lawmaking), administer laws enacted by the President (administration), and judging where laws have been broken or misinterpreted (adjudication).
Bureaucratic Power
Chart: Pearson Education
The
Comparative
Size of
Government
In
Other
Countries
LO 27 - Bureaucratic Employment
Problems:
Not qualified to do the job
Government changes with every election
Corruption
Spoils System:
“To the victor goes the spoils.” System where the winner of the office rewards those helping in the election by giving them jobs. Also known as “patronage.” Ended because of Pres. Garfield’s assassination.
LO 28 - Bureaucratic Employment, Continued
Advantages:
Competent
Less corrupt
Problems:
“Permanent” government
Unresponsive to the public
Reforms - Whistleblower Act; Easier to dismiss
Merit System:
Pendleton Civil Service Act: Requires an examination for proof of employment competency (jobs based upon merit).
LO 29 - Congressional Parts of the Bureaucracy
Independent Agencies: Single head appointed by the President; budget comes from Congress.
Independent Regulatory Commissions or Boards: Headed by more than one person appointed by the President only in cases of a vacancy. Budget comes from Congress.
Government Corporations: Businesses owned or run by the government, not private businesses.
Click on the weblink to access
LO 30 - Capture
Slideplayer.com
LO 31 - Iron Triangle
(How the Bureaucracy Works)
Each point of the triangle interacts with the others to solve problems. How it works: A person may enter at any point of the triangle, bringing pressure (votes/ campaign contributions) from the other two points to get a problem solved.
Image: tdaxp.com
LO 31 - Iron Triangle (How the Bureaucracy Works), Continued
Problems:
Favoritism and special “deals”
Corruption because of familiarity
Difficult to review for problems (deals made out of sight)
Based upon personalities, not rules
LO 32 – Explain Common Bureaucratic Problems
Problems With a Bureaucracy:
Too much “red tape” to get things done
Conflicting or detailed laws make enforcement difficult/Lack of coordination
Favoritism and special “deals” for some, not all (Clientism)
Takes too long to get results
Turf wars
Incompetency or lack of proper training
LO 33 – Define Standard Operating Procedure
Standard Operating Procedure (SOP): Strict adherence to standardized routines despite new developments (a/k/a rote).
LO 34 – Federal Register
Federal Register: The journal which publishes proposed and final Bureaucratic rules.
LO 35 – Freedom of Information Act
Freedom of Information Act (FOIA): A 1966 law that facilitates full or partial disclosure of government (public) information and documents.
Click on the we ...
This document provides an overview of administrative law in Canada. It discusses that administrative law is concerned with the regulation of governmental power over individuals and the exercise of statutorily authorized powers. It outlines some of the key areas administrative law covers, such as regulations, licensing, labor relations, and social programs. The document then examines some of the key sources of procedural fairness rights in administrative decisions, including the Canadian Charter of Rights and Freedoms, Canadian Bill of Rights, and specific provincial legislation. It analyzes cases that have helped develop administrative law in Canada and establish principles around when procedural fairness is owed and what it requires.
Does society start from scratch or simply focus on a few areas at a time? These are
the questions that Ukrainians are still wrestling with, nearly 24 years after the collapse of the
Soviet Union The U.S.S.R.'s half-life is proving to be way too long, and the legal system provides
one of the best examples of how much damage was infl icted during those 70 years.
Basic legal concepts are either not appreciated or in force here.
Probable cause – It still feels like a society where police can take people away in the dead of
night on any pretext.
Presumption of innocence until proven guilty – Suspects can be subject to damning pre-trial
publicity. Putting defendants in courtroom cages announces to the world: This is a guilty
person. Lengthy pre-trial detention assumes guilt and ruins lives.
Plea bargains – These come in handy in getting lower-level suspects to turn state's evidence
against top-level suspects, in murders and in fi nancial crimes, and also in ensuring justice is
done without lengthy and costly trials. I understand plea bargains are happening in Ukraine,
but not nearly as often as they should.
Right to a public trial by a jury of one's peers – This is simply not happening in Ukraine's
judicial system. Politically-appointed prosecutors still decide it all, or too much, when it
comes to commanding corruptible and subservient judges. The bottom line is that politicians
don't want to give up control, through appointed prosecutors, judges and police, of
who goes to jail and who doesn't in Ukrainian society.
Right to a speedy trial – This is fl outed through lengthy pre-trial detention, big delays in trials
and incessant political manipulation of investigations. It isn't swift and it isn't justice.
This document discusses procedural fairness in the context of administrative law. It covers several key topics:
1) Sources of procedural fairness obligations, including the Charter, Canadian Bill of Rights, common law, and statutes.
2) Key Supreme Court of Canada cases that have shaped the modern understanding of procedural fairness, including Nicholson, Baker, and Knight.
3) Factors considered in determining whether and to what extent procedural fairness applies in a given case, such as the nature of the decision, statutory context, and importance to individuals affected.
4) Examples of specific procedural protections, such as the right to a hearing, right to provide oral submissions, and right to respond to allegations.
The document discusses different censorship enforcement regimes used by the Chinese government to regulate the internet, including the Great Firewall which filters content entering and leaving China, as well as private-public partnerships where private companies implement censorship on behalf of the state. It aims to analyze how censorship tools are applied in China and whether the models used could be adopted by other countries.
The document presents a proposal by team UTKARSH to address issues in India's justice system. It outlines several problems including a large backlog of cases, low conviction rates, vacant judge seats, and political interference. The team proposes solutions like establishing special courts to handle pending cases, forming an independent judicial survey board and anti-corruption commission, improving access to legal information through technology, and introducing alternative dispute resolution mechanisms and mobile courts. The presentation discusses implementation approaches and financial requirements for the solutions, and their expected impacts on reducing case pendency, improving access to timely justice and trust in the system. Challenges to the solutions and references are also provided.
The document discusses the Chinese judiciary system and its dual nature of serving both the state and economy. While the courts are relatively autonomous in commercial matters to facilitate foreign investment, the government restricts judicial power in political domains. The legislative body that theoretically interprets the constitution is not truly independent and does not provide a check on government power. As a result, citizens have little recourse through the courts to defend human rights. The judiciary remains subservient to the state overall.
The document summarizes and discusses the National Judicial Appointments Commission Act of 2014 that established the National Judicial Appointments Commission (NJAC) to appoint judges to the Supreme Court and high courts of India. The summary is as follows:
1) The NJAC replaces the previous collegium system and is meant to introduce executive involvement in judicial appointments. However, some argue it could compromise judicial independence.
2) The NJAC is composed of the Chief Justice of India, two senior Supreme Court judges, two eminent individuals, and the Law Minister. It will recommend appointments and transfers of judges.
3) Supporters argue the NJAC system is more transparent and ensures diverse representation. Critics argue it violates
It assesses how Macao is perceived in the context of China's political system of governance. It defines the constraints of the principle "One Country, Two Systems" and looks for the future of autonomy in China's constitutional context.
The document summarizes the Macao Basic Law and discusses the future of Macao as a Special Administrative Region of China. It outlines that Macao is a special territory of China with a high degree of autonomy under the "one country, two systems" principle. The Basic Law defines Macao's political system, with the chief executive selected by an election committee and a legislative assembly with a mix of directly elected and indirectly elected members. It considers scenarios for Macao's political evolution after 2049, such as continued autonomy, integration into Guangdong province, or a transition to a democratic system.
This document contains a list of important questions for the LL.B Part-II course for Rai Shahzaib Mumtaz of section B at PULC for the 2021-26 session. It includes questions on Introduction to Global Legal System, Introduction to Legal System of Pakistan, Sociology-II, Criminology, Political Science-II, Pakistan Study, and I.T. Skills. The questions cover topics such as defining legal systems, the impact of globalization, Roman law, common law vs civil law, Islamic legal system, Pakistan's legal system, sociological theories, criminology concepts, constitutions of other countries, Pakistan's ideology and history, and basic computer concepts. Contact information is also provided
This document provides an overview of key concepts in the US Constitution, including federalism, separation of powers, checks and balances, and the three branches of government. It discusses how the founders created a flexible system of government with institutions to make, enforce, and interpret laws. It also examines how American federalism has evolved over time with a shifting balance of power between the federal and state governments.
This document provides a legal opinion on Karen's case regarding the termination of her social housing tenancy. It addresses the following key points:
1. Karen cannot rely on substantive legitimate expectations based on prior case law.
2. However, procedural legitimate expectations were likely breached as Karen was not properly notified or consulted about new housing guidelines, inspection findings, or neighbor testimony that were relied upon to terminate her tenancy. Proper notification is required by common law.
3. Depending on how the guidelines are interpreted, the termination decision could potentially be challenged for legal error.
4. If the decision is found to be flawed, appropriate remedies like quashing the decision or ordering reconsideration may be available.
The document discusses the role of bureaucracy in the U.S. government as established by the Constitution but not explicitly defined. It examines different views on whether the Framers intended for a bureaucracy and analyzes how the bureaucracy has evolved over time from the patronage system to a modern Weberian model. Theories on bureaucratic agencies are presented regarding their role in regulation and policymaking from public interest, public choice, and reputation perspectives.
RFP for Reno's Community Assistance CenterThis Is Reno
Property appraisals completed in May for downtown Reno’s Community Assistance and Triage Centers (CAC) reveal that repairing the buildings to bring them back into service would cost an estimated $10.1 million—nearly four times the amount previously reported by city staff.
The document discusses the influence of the Chinese Communist Party (CCP) on business laws in China. It explains that the CCP is the main lawmaking body and all business laws must be discussed and passed by the CCP. It describes the legislative process for passing laws and the roles of the Politburo Standing Committee and the National People's Congress. The CCP has significant control over business law reforms and strategic plans to further open China's market.
Competition Journal Article by Emilio Varanini and Feng JiangEmilio Varanini
This document summarizes a 2014 Chinese Supreme Court decision regarding antitrust law between Qihoo and Tencent. It discusses how the decision demonstrates China's commitment to developing the rule of law in several ways:
1) By thoroughly applying legal principles and economic theories to complex factual circumstances, helping to balance administrable rules with economic analysis.
2) By establishing an important precedent that lower courts can apply to similar cases, developing China's system of case law.
3) By following due process and protecting the legitimate interests of litigants.
The document argues this decision shows the Chinese judiciary is capable of carrying out the tasks necessary for the rule of law, and its influence will depend on how
The document discusses recent constitutional developments in China following the Fourth Plenum meeting. It analyzes China's concept of "rule of law" and Xi Jinping's promotion of "Socialist rule of law with Chinese characteristics." It examines the effectiveness of China's constitution by analyzing legal cases and the gap between theory and practice. It also questions whether China's rule of law system will evolve into one based on constitutionalism. The author outlines a research methodology using case studies, document analysis, and interviews to further investigate these issues and understand the implications of the Fourth Plenum for China's legal future.
What is Constitutional governance? The presentation is a lecture delivered at the Lahore University of Management Sciences (LUMS), which explores the normative aspects of Constitutional justice and the constitutionality of actual practise, politics and policy.
Chapter 12 –
The Bureaucracy
The Bureaucracy is not in the Constitution, but is created as an outgrowth of laws passed by Congress and enacted by the President.
The Bureaucracy’s power comes from being able to interpret laws passed by Congress (lawmaking), administer laws enacted by the President (administration), and judging where laws have been broken or misinterpreted (adjudication).
Bureaucratic Power
Chart: Pearson Education
The
Comparative
Size of
Government
In
Other
Countries
LO 27 - Bureaucratic Employment
Problems:
Not qualified to do the job
Government changes with every election
Corruption
Spoils System:
“To the victor goes the spoils.” System where the winner of the office rewards those helping in the election by giving them jobs. Also known as “patronage.” Ended because of Pres. Garfield’s assassination.
LO 28 - Bureaucratic Employment, Continued
Advantages:
Competent
Less corrupt
Problems:
“Permanent” government
Unresponsive to the public
Reforms - Whistleblower Act; Easier to dismiss
Merit System:
Pendleton Civil Service Act: Requires an examination for proof of employment competency (jobs based upon merit).
LO 29 - Congressional Parts of the Bureaucracy
Independent Agencies: Single head appointed by the President; budget comes from Congress.
Independent Regulatory Commissions or Boards: Headed by more than one person appointed by the President only in cases of a vacancy. Budget comes from Congress.
Government Corporations: Businesses owned or run by the government, not private businesses.
Click on the weblink to access
LO 30 - Capture
Slideplayer.com
LO 31 - Iron Triangle
(How the Bureaucracy Works)
Each point of the triangle interacts with the others to solve problems. How it works: A person may enter at any point of the triangle, bringing pressure (votes/ campaign contributions) from the other two points to get a problem solved.
Image: tdaxp.com
LO 31 - Iron Triangle (How the Bureaucracy Works), Continued
Problems:
Favoritism and special “deals”
Corruption because of familiarity
Difficult to review for problems (deals made out of sight)
Based upon personalities, not rules
LO 32 – Explain Common Bureaucratic Problems
Problems With a Bureaucracy:
Too much “red tape” to get things done
Conflicting or detailed laws make enforcement difficult/Lack of coordination
Favoritism and special “deals” for some, not all (Clientism)
Takes too long to get results
Turf wars
Incompetency or lack of proper training
LO 33 – Define Standard Operating Procedure
Standard Operating Procedure (SOP): Strict adherence to standardized routines despite new developments (a/k/a rote).
LO 34 – Federal Register
Federal Register: The journal which publishes proposed and final Bureaucratic rules.
LO 35 – Freedom of Information Act
Freedom of Information Act (FOIA): A 1966 law that facilitates full or partial disclosure of government (public) information and documents.
Click on the we ...
This document provides an overview of administrative law in Canada. It discusses that administrative law is concerned with the regulation of governmental power over individuals and the exercise of statutorily authorized powers. It outlines some of the key areas administrative law covers, such as regulations, licensing, labor relations, and social programs. The document then examines some of the key sources of procedural fairness rights in administrative decisions, including the Canadian Charter of Rights and Freedoms, Canadian Bill of Rights, and specific provincial legislation. It analyzes cases that have helped develop administrative law in Canada and establish principles around when procedural fairness is owed and what it requires.
Does society start from scratch or simply focus on a few areas at a time? These are
the questions that Ukrainians are still wrestling with, nearly 24 years after the collapse of the
Soviet Union The U.S.S.R.'s half-life is proving to be way too long, and the legal system provides
one of the best examples of how much damage was infl icted during those 70 years.
Basic legal concepts are either not appreciated or in force here.
Probable cause – It still feels like a society where police can take people away in the dead of
night on any pretext.
Presumption of innocence until proven guilty – Suspects can be subject to damning pre-trial
publicity. Putting defendants in courtroom cages announces to the world: This is a guilty
person. Lengthy pre-trial detention assumes guilt and ruins lives.
Plea bargains – These come in handy in getting lower-level suspects to turn state's evidence
against top-level suspects, in murders and in fi nancial crimes, and also in ensuring justice is
done without lengthy and costly trials. I understand plea bargains are happening in Ukraine,
but not nearly as often as they should.
Right to a public trial by a jury of one's peers – This is simply not happening in Ukraine's
judicial system. Politically-appointed prosecutors still decide it all, or too much, when it
comes to commanding corruptible and subservient judges. The bottom line is that politicians
don't want to give up control, through appointed prosecutors, judges and police, of
who goes to jail and who doesn't in Ukrainian society.
Right to a speedy trial – This is fl outed through lengthy pre-trial detention, big delays in trials
and incessant political manipulation of investigations. It isn't swift and it isn't justice.
This document discusses procedural fairness in the context of administrative law. It covers several key topics:
1) Sources of procedural fairness obligations, including the Charter, Canadian Bill of Rights, common law, and statutes.
2) Key Supreme Court of Canada cases that have shaped the modern understanding of procedural fairness, including Nicholson, Baker, and Knight.
3) Factors considered in determining whether and to what extent procedural fairness applies in a given case, such as the nature of the decision, statutory context, and importance to individuals affected.
4) Examples of specific procedural protections, such as the right to a hearing, right to provide oral submissions, and right to respond to allegations.
The document discusses different censorship enforcement regimes used by the Chinese government to regulate the internet, including the Great Firewall which filters content entering and leaving China, as well as private-public partnerships where private companies implement censorship on behalf of the state. It aims to analyze how censorship tools are applied in China and whether the models used could be adopted by other countries.
The document presents a proposal by team UTKARSH to address issues in India's justice system. It outlines several problems including a large backlog of cases, low conviction rates, vacant judge seats, and political interference. The team proposes solutions like establishing special courts to handle pending cases, forming an independent judicial survey board and anti-corruption commission, improving access to legal information through technology, and introducing alternative dispute resolution mechanisms and mobile courts. The presentation discusses implementation approaches and financial requirements for the solutions, and their expected impacts on reducing case pendency, improving access to timely justice and trust in the system. Challenges to the solutions and references are also provided.
The document discusses the Chinese judiciary system and its dual nature of serving both the state and economy. While the courts are relatively autonomous in commercial matters to facilitate foreign investment, the government restricts judicial power in political domains. The legislative body that theoretically interprets the constitution is not truly independent and does not provide a check on government power. As a result, citizens have little recourse through the courts to defend human rights. The judiciary remains subservient to the state overall.
The document summarizes and discusses the National Judicial Appointments Commission Act of 2014 that established the National Judicial Appointments Commission (NJAC) to appoint judges to the Supreme Court and high courts of India. The summary is as follows:
1) The NJAC replaces the previous collegium system and is meant to introduce executive involvement in judicial appointments. However, some argue it could compromise judicial independence.
2) The NJAC is composed of the Chief Justice of India, two senior Supreme Court judges, two eminent individuals, and the Law Minister. It will recommend appointments and transfers of judges.
3) Supporters argue the NJAC system is more transparent and ensures diverse representation. Critics argue it violates
It assesses how Macao is perceived in the context of China's political system of governance. It defines the constraints of the principle "One Country, Two Systems" and looks for the future of autonomy in China's constitutional context.
The document summarizes the Macao Basic Law and discusses the future of Macao as a Special Administrative Region of China. It outlines that Macao is a special territory of China with a high degree of autonomy under the "one country, two systems" principle. The Basic Law defines Macao's political system, with the chief executive selected by an election committee and a legislative assembly with a mix of directly elected and indirectly elected members. It considers scenarios for Macao's political evolution after 2049, such as continued autonomy, integration into Guangdong province, or a transition to a democratic system.
This document contains a list of important questions for the LL.B Part-II course for Rai Shahzaib Mumtaz of section B at PULC for the 2021-26 session. It includes questions on Introduction to Global Legal System, Introduction to Legal System of Pakistan, Sociology-II, Criminology, Political Science-II, Pakistan Study, and I.T. Skills. The questions cover topics such as defining legal systems, the impact of globalization, Roman law, common law vs civil law, Islamic legal system, Pakistan's legal system, sociological theories, criminology concepts, constitutions of other countries, Pakistan's ideology and history, and basic computer concepts. Contact information is also provided
This document provides an overview of key concepts in the US Constitution, including federalism, separation of powers, checks and balances, and the three branches of government. It discusses how the founders created a flexible system of government with institutions to make, enforce, and interpret laws. It also examines how American federalism has evolved over time with a shifting balance of power between the federal and state governments.
This document provides a legal opinion on Karen's case regarding the termination of her social housing tenancy. It addresses the following key points:
1. Karen cannot rely on substantive legitimate expectations based on prior case law.
2. However, procedural legitimate expectations were likely breached as Karen was not properly notified or consulted about new housing guidelines, inspection findings, or neighbor testimony that were relied upon to terminate her tenancy. Proper notification is required by common law.
3. Depending on how the guidelines are interpreted, the termination decision could potentially be challenged for legal error.
4. If the decision is found to be flawed, appropriate remedies like quashing the decision or ordering reconsideration may be available.
The document discusses the role of bureaucracy in the U.S. government as established by the Constitution but not explicitly defined. It examines different views on whether the Framers intended for a bureaucracy and analyzes how the bureaucracy has evolved over time from the patronage system to a modern Weberian model. Theories on bureaucratic agencies are presented regarding their role in regulation and policymaking from public interest, public choice, and reputation perspectives.
RFP for Reno's Community Assistance CenterThis Is Reno
Property appraisals completed in May for downtown Reno’s Community Assistance and Triage Centers (CAC) reveal that repairing the buildings to bring them back into service would cost an estimated $10.1 million—nearly four times the amount previously reported by city staff.
AHMR is an interdisciplinary peer-reviewed online journal created to encourage and facilitate the study of all aspects (socio-economic, political, legislative and developmental) of Human Mobility in Africa. Through the publication of original research, policy discussions and evidence research papers AHMR provides a comprehensive forum devoted exclusively to the analysis of contemporaneous trends, migration patterns and some of the most important migration-related issues.
Working with data is a challenge for many organizations. Nonprofits in particular may need to collect and analyze sensitive, incomplete, and/or biased historical data about people. In this talk, Dr. Cori Faklaris of UNC Charlotte provides an overview of current AI capabilities and weaknesses to consider when integrating current AI technologies into the data workflow. The talk is organized around three takeaways: (1) For better or sometimes worse, AI provides you with “infinite interns.” (2) Give people permission & guardrails to learn what works with these “interns” and what doesn’t. (3) Create a roadmap for adding in more AI to assist nonprofit work, along with strategies for bias mitigation.
Contributi dei parlamentari del PD - Contributi L. 3/2019Partito democratico
DI SEGUITO SONO PUBBLICATI, AI SENSI DELL'ART. 11 DELLA LEGGE N. 3/2019, GLI IMPORTI RICEVUTI DALL'ENTRATA IN VIGORE DELLA SUDDETTA NORMA (31/01/2019) E FINO AL MESE SOLARE ANTECEDENTE QUELLO DELLA PUBBLICAZIONE SUL PRESENTE SITO
1. Desmond Wee
PSCI229 China’s Domestic Politics
University of Pennsylvania
Symbol of the Supreme People’s Court (SPC)
2.
3. Donald Clarke, Peter Murrell, and Susan Whiting, “The Role of
Law in China’s Economic Development,” in China’s Great
Economic Transformation, (Cambridge University Press, 2008)
chapter eleven, pp. 375-428
4. Problems of China’s Legal
System Today
Significant gaps in legal structure governing economic
activity
Lacks a number of institutional features that could be
effective in identifying and reducing the inevitable
gaps and ambiguities
“Local protectionism”: dependence of courts on local
government and Party leaders
Corruption
5. Rights Hypothesis
“…[E]conomic growth requires a legal order offering
stable and predictable rights of property and contract”
However,
Clarke, Murrell & Whiting (CMW): “…provides little
explanatory power for China.”
6. Functional Substitutes for Formal
Institutions
Property Rights
Cadre evaluation system (Lecture 7; Whiting)
Fiscal system (Lecture 7; Whiting)
Local government ownership of township and village
enterprises (TVEs)
Transactions in Goods & Services
Dual-track system
Footnote: Transitional institutions vs. Best-practice
institutions (Qian, 2003)
7. Conclusion
The relationship between legal and economic
development was bidirectional – a coevolutionary
process
Have formal legal institutions contributed in an
important way to China’s remarkable economic
success?
No, but instead…
Economic success has fostered the development of law,
rather than the reverse.
10. Criminal Justice
Death penalty
Criminal Procedure Law (CPL)
No warrants
Arrest
Search
(Mostly) no bail/“release under guaranty pending trial”
Limited right to counsel
False confessions gained by torture
UN Convention Against Torture
Section 306 of the Criminal Law
Reeducation through labor (“laojiao”)
11. Major Defects
National People’s Congress (NPC) Standing
Committee (NPCSC) reserves the sole power to modify
legislation; interpret and apply the Constitution
The Chinese Constitution is not enforced
No judicial review for courts: invalidating legislation is
prohibited
Conflict: courts must seek a resolution from a higher-level
legislative body OR rule in accordance with the
lower-level rule
12. Constitutional Review:
The NPC Review Model
NPCSC
Law on Legislation
Sun Zhigang case
Limited review:
Administrative Litigation Law
State Compensation Law
Supreme People’s Court
2001 education case “Reply to Qi Yuling”; 2008 update
[Update:] 2011 SinaWeibo case
(Independent?) Constitutional Court?
13. Further reading
Judicial reform: Court orders
http://www.economist.com/news/china/21591210-it-turns-out-torturing-
people-confessions-isnt-all-right-after-all-court-orders
China’s Constitutional Crisis
http://www.theatlantic.com/china/archive/2013/09/chinas-constitutional-
crisis/279285/
Citizens’ Rights, the Constitution and the Courts
http://blogs.wsj.com/chinarealtime/2011/09/26/citizens%E2%80
%99-rights-the-constitution-and-the-courts/
Chinese Judge Expresses Support for Free Speech on SinaWeibo
in Ruling
http://www.businessinsider.com/chinese-judge-expresses-support-
for-free-speech-on-sina-weibo-in-ruling-2011-9
A Comment on the Rise and Fall of the Supreme People’s Court’s
Reply to Qi Yuling’s Case
http://suffolklawreview.org/wp-content/
uploads/2013/01/Tong_AdvancePrint.pdf