1 GENESIS Y FORMACION DEL DERECHO ADMINISTRATIVO
El derecho administrativo se ha conformado a partir de una convicción en absoluto homogénea sino más bien predicable de algunos, es la urgencia ideológica de regular situaciones tradicionalmente regladas por el derecho privado o común (derecho convencional). El reconocimiento de esta realidad conduce a una doble connotación de derecho administrativo por una parte “conjunto de normas” y por otra “conjunto de pautas teóricas” un sector de la doctrina a reconocido estas dos pautas como régimen administrativo, ambas partes conforman un todo denominado derecho administrativo.
El derecho administrativo podría decirse que al principio sufrió una “crisis de identidad” y a su vez esta fue el motor de su creación, es decir la necesidad de que existen unas normas distintas en su esencia a las de derecho común cuando quiera que reglen situaciones públicas en general o administrativas en particular.
A) FUNDAMENTO TEORICO DE LA NEGACION DEL DERECHO ADMINISTRATIVO
Su negación consiste en el desconocimiento de la distinción de regímenes es decir, en una proclama a la igualdad entre regímenes normativos, administrativos o comunes. Esto es uno de los grandes logros del liberalismo y en general del estado de derecho el que tradicionalmente se le han reconocido unos alcances mínimos
1 la prohibición del legislador de hacer discriminaciones entre los distintos sujetos de derecho 2 obligación que tiene el legislador de apreciar las diferencias
Kadushin tightens up on Dawson's formulation and presents his understanding of the three elements in terms of the primary problem and the primary goal. In administrative supervision the primary problem is concerned with the correct, effective and appropriate implementation of agency policies and procedures. The primary goal is to ensure adherence to policy and procedure (Kadushin 1992: 20). The supervisor has been given authority by the agency to oversee the work of the supervisee. This carries the responsibility:
The basics of administrative responsibilities involved several significant standards 1) Responsiveness- how rapidly an organization /agency responds to variations. The degree of responsiveness mandated the awareness of focus groups, surveys, and soliciting information about public gatherings 2) Fairness - safeguarded from the denial of life, liberty or property by the government. Flexibility – the capability to adapt to unanticipated circumstances 3) Honesty- lack of deceitfulness. People working together in an occupation have the propensity to trust one another because they shadow similar ethical beliefs. By contrast, people that do not trust others eventually collaborated with a system of formal rules 4) Corruption implicated the abuse of
Administration Agencies are lawmaking bodies with restricted forces appointed by Congress. Managerial organizations have practical experience in particular issues that require ability. Authoritative organizations are built up by Article 1 Section1 of the government constitution. They expresses that the Congress might have control to make all Laws which should be vital and legitimate for conveying into Execution the previous Powers, and every single other Power. The main point made by authoritative offices can be authorized as law. The organizations help in the quick transfer of cases, both minor and complex and which states are a major guide to US courts. The procedure additionally helps in holding legal assets for other huge cases. The individuals
A legal system is a process or a procedure used to interpret and enforce the law. It leads to the process of elaborating the responsibilities and rights in different ways. There are three major legal systems found in the world: religious law, common law and civil law. A major component is the jury system which involves the process of determining the general facts in a lawsuit (Raz, 2010). A good example would include a tax system which is a legal system for collecting and assessing taxes, whereas an electoral one is involved in making choices that are democratic. Mexico has had a rich journey in the evolution of its constitution due to reasons that will be discussed below. The paper will therefore look at the detailed history of the legal system in Mexico explaining the major changes within the different time frames.
This essay will assess the relationship between liberalism and conservatism by exploring the differences in ideological beliefs of these two ideologies. Ideology can be defined as “set of interrelated and more or less coherent ideas” that constitutes of both “descriptive and normative element” on how a society works (Heywood, 2007, pp. 6-7). One of the most popular ideology in contemporary politics is liberalism which accord individual liberty and free market as its primary priority. On the other hand, conservatism is generally known for advocating tradition, societal state and authority. Firstly, we will look at theories developed by liberalism and conservatism on creation of state. It would then be followed by liberalism’s notion of individuality and individual liberty versus conservatism’s emphasis on individual imperfectionism and need for society. Thereafter, we will observe liberalism and conservatism as political ideology and how it has evolved over time. The essay will be summed up by a conclusion in the end. The terms, liberalism and conservatism mentioned in this essay are intended to be synonymous to their traditional or classical thoughts and beliefs. Every argument presented in this essay are intended to support the claim that liberalism and conservatism are not compatible ideologies. By compatible, I meant being consistent without any disagreements.
Friedrich von Hayek- Hayek mentioned, "My personal preference leans toward a liberal dictatorship rather than toward a democratic government devoid of liberalism," to a Chilean interviewer while visiting Pinochet's Chile.
In this analysis we will review a case titled “The Dilemma at the Public Service Department.” We will be discussing different issues, amongst them are: opinions on the honesty, malfeasance, misfeasance, nonfeasance, accountability, competence, and why these particular responsibilities are identified. We will also discuss certain trade-offs made by the commissioner’s loyalty to the department as well as the governor, and public interest. We will also be discussing three barriers when it comes to deciding how the governor will be approached, along with the basic elements that are recommended in strategic management planning.
By discussing some of the advantages and disadvantages of administration and politics dichotomy, an opinion of whether it is useful or impossible will be made. Wilson’s politics administration dichotomy refers to the idea that administrative decisions need to be made without political influence. One argument to this is that politics has transformed, let’s say, the role of a city manager from a neutral expert to a problem solver and dichotomy should be replaced with an expanded base of professional values for them.
The expectation from our judges that they will always act objectively in making their decisions is correct but only to a certain extent. By using the theories of interpretation and judicial decision-making of both Dworkin and American Legal Realism, it is evident that a balancing act occurs between objective judgments and interpretation and subjective judgments and interpretation. Often, subjective judgments are the most dominant to a large extent. One must look at the ideas of Dworkin in terms of considering that judgments have aspects of both objectivity and subjectivity. One must also look at the ideas of American Legal Realism where subjectivity plays a gigantic role in judgments leaving objectivity with little or no influence
The purpose of this essay is to discuss the public interest and the administrative responsibility. Discuss some of the recent ethical obligations confronting public administrators in their day to day decision making. Also we will examine the recent trend in privatizing government functions. Finally, we will discuss if privatizing posses any type of dilemma’s for the attainment of public interest.
Liberalism is a political philosophy that is founded on the ideas of liberty and equality and controls how a society functions. Since liberalism is expressed as a political ideology, it helps dictate how a nation can achieve its national security, its stable economy and the extent of control a government should possess. The perspective of the source illustrates how government intervention is needed during the threat of national security. Although, during times that national security is not being threatened, the collective society should have the freedom to break from the unnecessary government control. A philosopher such as Rousseau would have agreed with the position of the source as it gave an option of security to the people - but also gave them the choice to break the contract if they believed their rights were being violated. While a philosopher such as Hobbes would have disagreed with the source on the terms that he believed in a monarchy and believed that people needed government control at all times. Furthermore, as liberalism provides people their freedoms but also allows a certain extent of government control, the source should be taken to an full extent on the grounds that government control should only be emplaced considering national security, government control, and economic stability - which is shown through the internment of Japanese-Canadians, the New Deal, and the Patriotic Act.
This assignment will be discussed about two theories of international relations which are Realism the most important in international relations. Liberalism is the second theory will be considered. The aim of this essay to compare between these two theories.
When the word Public Administration come accross one’s mind, people would think of government civil workers and bureaucracy in government office. However, Public Administration is wider than that. It comprises of many part among them are technical issues,financal issues and ethical issues.Among many of them is the importance of manegerial technique, a characteristic where an organization such as government office should have in order to organize, planned, co-ordinate and budgetting. Government office is a big
El eje central de la comunicación (el qué), o cuál es el mensaje que se va a comunicar a un determinado público objetivo
Before dealing with the issue at hand let me provide general overview of principle of legality, the basic ethical structure governing both the enactment and interpretation of criminal Statutes are the principle of legality. It is commonly represented by the maxim nullum crimen sine lege, nulla poena sine lege or ‘no crime or punishment without law’.This is a matter of general legislative morality since it requires an individual to be given fair warning of what he or she may or may not do.Moreover; it discourages state use of the criminal law for political rather than social ends.There are four key attribute of principle of legality, which expressed in the legal principle of lexscripta (punishment must be based on written law), lexcerta (the form and severity of punishment must be clearly defined and distinguishable),