Administrative Justice


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Administrative Justice

 

the special procedure for settling disputes in the area of administrative law. Under this system, courts or other governmental agencies hear complaints on the actions of agencies of governmental administration and adopt decisions that are binding on these agencies. In some capitalist countries, the functions of administrative justice are exercised either by general courts (the USA, Great Britain, and others) or by special administrative courts (France, Switzerland, the Federal Republic of Germany, and others). France, for instance, has a system of administrative courts called administrative tribunals. The supreme body of administrative justice is the French Council of State, headed by the minister of justice. The administrative tribunals consider cases dealing with administrative agencies exceeding their jurisdictions or violating the forms of activity established for them, public officials transgressing their authority, and also the complaints of officials concerning their job transfers, dismissals, and so forth.

Proponents of the bourgeois theory of administrative justice proclaim that the formal independence of the institutions of administrative justice from administrative agencies is the most important guarantee of the rights and interests of citizens. They especially emphasize the “objectivity” of decisions in administrative cases and the protection of legality with the help of administrative justice. However, since the objectivity and independence of the bourgeois agencies of administrative justice are only a legal fiction, the agencies of administrative justice in the final analysis always defend the class interests of the ruling class, just like all other institutions of the bourgeois state.

In socialist countries, there is no separate system of special institutions of administrative justice, but some of the most expedient institutions and forms of administrative justice, having acquired new class content and different purposes and tasks, are successfully being adapted to the conditions of the socialist state. Thus many cases involving complaints against administrative agencies are heard by people’s courts, which, following procedures established by law, are obligated to consider cases arising out of administrative-legal relations. For instance, the USSR people’s courts hear complaints against the illegal imposition of administrative fines, against unlawful actions of notary offices, against certain decisions of the executive committees of local soviets, and against the actions of other administrative agencies. Poland, in addition to the courts which consider complaints against certain administrative acts, has special social security courts which are intended to consider complaints against the actions of administrative agencies connected with the administration of social security.

The adoption in the USSR of the Fundamentals of Legislation on the Court Organization of the USSR and the Union and Autonomous Republics (1958), the Fundamentals of Criminal Procedure of the USSR and the Union Republics (1958), the Fundamentals of Civil Procedure of the USSR and the Union Republics (1961), the new Union republic codes based on the aforementioned principles, has greatly broadened the jurisdiction of the people’s courts over cases arising from administrative-legal relations. The codes of civil procedure of the Union republics include special chapters on the proper procedure for handling these cases. The implementation of judicial supervision over the work of administrative agencies is one of the most important guarantees of the legal rights of Soviet citizens and one of the means of further strengthening socialist legality.

N. G. SALISHCHEVA

References in periodicals archive ?
As such good administrative justice goes hand-inhand with democracy and rights.
Administrative justice is a modern construction, a means of protection of the rights and freedoms of individuals in the relationship with the state administration, as well as a limitation and control of the acts of the public administration.
Following a judgment of the Quebec Court of Appeal finding that the absence of an independent process for reappointment of TAQ judges' mandates violated section 23 of the Quebec Charter of Human Rights and Freedoms, (63) the Act Respecting Administrative Justice was amended to grant tenure to TAQ judges.
CONTENTS I Introduction II The Modern System of Australian Administrative Law III The Concept of 'Administrative Justice' in Australia A 'Administrative Justice' in the Literature 1 Early Writings--The Kerr Committee Report 2 Later Developments B Administrative Law Institutions in Which Administrative Justice Applies 1 Early Writings 2 Later Articles, Chapters and Reports 3 Textbook Writers 4 Courts C Measuring Administrative Justice D A Culture of Administrative Justice IV Administrative Justice: Key Component of Integrity in Government A The NISA Study B NISA Methodology 1 Identification of Administrative Justice Institutions 2 Analysis of the Strengths and Weaknesses of the Institutions C Coherence of System V Conclusion I INTRODUCTION
The administrative justice and administrative coercion that were the sum and substance of his authority lay behind a regime of extra-economic coercion, a regime that breathed life into a whole range of compulsions: forced crops, forced sales, forced contributions, and forced removals.
- a contractual intermediary may be exercised at from the signing of the contract in accordance with Articles L.551-13 and R.551-7 to R.551-10 of the Administrative Justice Code within 31 days in the event of publication of a notice of award or 6 months if no notice of award,
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class="MsoNormalSpeaking after being elected AOMA secretary general at the just-ended sixth general assembly in Kigali, Rwanda, tml" target="_selfMs Florence Kajuju, who is also the chairperson of the Commission on Administrative Justice (CAJ) said the association was keen on expanding its presence in all African countries.
ExO's attorneys in Mexico have provided a preliminary opinion that SEMARNAT's decision is in clear opposition to the unanimous ruling and court order issued by Mexico's Federal Court of Administrative Justice. In addition, SEMARNAT's response was issued past the court's deadline, and SEMARNAT did not inform ExO of any new environmental information used as a basis their decision, as was required in the court's order.
Contending that the audit report amounts to a breach of the natural rules of justice and right to administrative justice, in a sworn affidavit she prayed the court to declare same, adding: 'A declaration that the audit report completed and submitted to the 2nd Respondent was made in breach of the rule of natural justice, audi alteram partem'.
The Committee on Justice and Legal Affairs has approved former Meru Woman Representative Florence Kajuju's nomination as chairperson of the Commission on Administrative Justice.
The house of Nima Youshij, a deceased poet, was removed from the National Heritage List on order of the Administrative Justice Court after lingering debates over its status.

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