Admin Law

In: Other Topics

Submitted By xaviers13
Words 2274
Pages 10
LIMITS ON EXCESSIVE DELEGATED LEGISLATION MYTH OR REALITY

INTRODUCTION
Delegated Legislation, as the name itself suggests, means the delegation of the power of law making by the legislature to the other organs of the government. In India, there is separation of powers between the organs of the government but this separation is not in water tight compartments. Delegated Legislation in India is seen when the legislature, delegates some of the law making powers to the executive. The aim of the doctrine of separation of powers is to guard against tyrannical and arbitrary powers of the State. The rationale behind the doctrine is that, if all power is concentrated in one and the same organ, it would give rise to the danger that it may enact tyrannical laws, and also execute them in a despotic manner. In the face of the complex socio-economic problems demanding solution in a modern welfare state, it has been agreed by many legal scholars that the strict application of the separation theory is no longer possible to apply the nevertheless, it has not become completely redundant and its chief value lies in emphasizing the fact that it is absolutely essential to develop adequate checks and balances to prevent administrative arbitrariness. Thus, it has been stated about the doctrine, “Its objective is the preservation of political safeguards against capricious exercise of power; and incidentally, it lays down lines of an effective division of functions. Its logic is the logic of popularity rather than strict classification….the great end of the theory is, by dispensing in some measure the centers of authority, to prevent absolutism.”
There are many reasons for the growth of delegated legislation. Primarily the reasons are that the old police state has now given way to a concept called the Welfare State. Due to this the Parliament faces a shortage a time, considering the…...

Similar Documents

Business Admin

...27 E. Cost Codes 28 F. Patterns of Cost Behaviour 29 G. Influences on Activity Levels 30 H. Numerical Example of Cost Behaviour 30 © ABE 18 Cost Categorisation and Classification INTRODUCTION Accounting is a wide term that covers separate disciplines, all are complimentary, but all are different and each one has it's own procedures, methods and purposes. Financial Accounting is the area within accounting concerned with summarising and recording events and transactions, and from these records producing accounting statements, like the Statement of Comprehensive Income and Statement of Financial Position (previously known as profit and loss account and balance sheet). The constraints of company law often dictate the style, layout and content of these statements and, therefore, the methods of recording data need to bear in mind the end product of a set of accounts that are acceptable to the intended users. In simple terms, the phrase "stewardship accounting" can be used to describe this form of accounting, particularly for limited companies or public limited companies. The directors of the company need to account for the use they have made of the investors' money. Shareholders need to know how their money has been deployed and the results of this deployment. Financial Accounting is required in all businesses not just those owned by shareholders. All owners need financial information as do the tax authorities and potential......

Words: 98805 - Pages: 396

Law and Healthcare Admin

... 12 Law and Health Care System Administration Jayme Blackwell Mary Jane Granoff Health Care Policy and Law Et. 12 Law and Health Care System Administration Jayme Blackwell Mary Jane Granoff Health Care Policy and Law Et. A relationship is a connection or association. To me a relationship is very important and healthy for an individual to form. A relationship is extremely important among physician and patient and hospital and patient. I thank communication and interaction is the most important factors in a relationship. These factors are very important when forming a relationship between physician and patient and hospital and patient. In relationships communication is very important and is essential among physician and patient. There are several types of communication and all are essential when it comes to dealing with the health of an individual. With communication comes interaction, which is also very important. Many feel bitter about their visits, because they are paying money for a service so that is what they expect. So when a relationship is formed they become surprised because that is not what they expected. So the relationship to them becomes so what special, and out of that relationship a patient builds confidents, trust, respect, and becomes relaxed. Once a patient builds a good relationship with the physician then they can create a relationship with the hospital. These will make the experience easier for all parties and build strength within the overall......

Words: 1289 - Pages: 6

Admin Law Outline

...554 | Rulemaking = making little laws. Same effect as anything congress passes. Adjudication = making an order Introduction to Administrative Law - F&S pp. 1-22 The Administrative Procedure Act - Act, Chart and Sample Rule The Grouper Handout and the APA §553 §553 doesn’t say where the rule comes from (i.e. employee of the U.S. or anything), but does say publish in the federal register. §553(b) §553(b)(1) - time/place/etc/nature. The grouper rule - March 4, 1992, to the mailroom, by mail = time, place, nature. Does this constitute a “hearing”? Its called a paper hearing and satisfies §553. §553(b)(2) - authority. Grouper - Magnuson Fishery . . Act. Note, they cite to their own rule; generally an agency must follow its own rules (notice exceptions). 553(c) - interested persons must have an opportunity to participate, (concise general statement) §553(d) - publish 30 days before effective date Page 180-88 of Schecter says something about rule making; how is it different than §553? A. The Problems of Locating Administrative Agencies in the Executive Branch: Departments: Head: Cabinet Officer Serve: At Convenience of President Appoint: Advice and Consent Meyers : The president can fire Independent Agency: Remove for Cause Taking Care Clause - he shall take care that the laws be faithfully executed, and shall commission all the......

Words: 9822 - Pages: 40

Admin

...The Tower Club, Makati City * 10. Performance IndicatorsParticipation Rate ELEMENTARY SECONDARY100% SY 2016-2017 PDP Target 93.34% SY 2016-201789.89% SY 2010-2011 PDP Target89.43% SY 2009-2010 59.86% SY 2009-2010 61.26% SY 2010-2011 The State of Basic Education: Gaining Ground | March 28, 2012 | The Tower Club, Makati City * 11. KindergartenUniversal Pre-schooling for allP 2.3 billion FY 20112.05+ M Kinder enrolledSY 2012-2013 Enrolment1.7 M in public schools0.35 M in private schoolsKindergarten Curriculum for Madrasahbeing finalized for printing The State of Basic Education: Gaining Ground | March 28, 2012 | The Tower Club, Makati City * 12. KindergartenUniversal Pre-schooling for allRA 10157 Universal Kindergarten Education Law The State of Basic Education: Gaining Ground | March 28, 2012 | The Tower Club, Makati City * 13. KindergartenUniversal Pre-schooling for allBESRA KRT 2Enable teachers to further enhance their contribution to learning outcomes Reforms on Pre-service Teacher Education and Proposed curricula and pilot implementation design on the .. Early Childhood Education (ECE) ... The State of Basic Education: Gaining Ground | March 28, 2012 | The Tower Club, Makati City * 14. Performance IndicatorsKindergarten Enrolment and Participation Rate PDP Target 100% Enrolment 2011** 2.04 million Participation Rate Enrolment 2010* 91.67% 1.65 million Participation Rate 75.72% *Including Private Schools **Partial submissions from Private Schools The......

Words: 6634 - Pages: 27

Admin Law

...The United States Constitution duly noted as the “Supreme Law of the Land” is probably regarded as one the most, if not the most important documents ever established. It laid the ground work for the future of this nation and through its influential power, has allowed this country to progress. The constitution was drafted in September 17, 1787 and enacted in March 4, 1789. Being over 200 years old, the Constitution has underwent 17 amendments. The first ten amendments are the Bill of Rights, with a 17 amendments making for a total of 27 amendments. These changes were due to the shifts of view and values of our society. Although the founders of the constitution could not foretell the future of our country, there was sense of understanding that the constitution was a much needed piece legislation to create a balance within the law. As we noted above, the constitution has evolved and will continue evolve over time. Jack Goldsmith, author of The Terror Presidency: Law and Judgment Inside the Bush and Administration and Robert Dahl, author of How Democratic is the American Constitution?, both have a working knowledge of the constitution, but in their various writings, have indicated that the constitution is not so democratic as it was intended to be. The Constitution should be respected by all individuals, and its administration and interpretation should be fair and just. Jack Goldsmith served as legal adviser to the General Counsel of the Department of Defense for the Bush......

Words: 2812 - Pages: 12

It Admin

...individual, so that there is no sharing of an individual account between multiple people? |  2 |  Institutional |  √ |   | 2  |  Privileged | √  |   | 2  |  Individual | √  |   | 1  |  Institutional | √  |   | 1  |  Privileged | √  |   | 1  |  Individual | √  |   | MSSEI 9.3 Separation of system resourcesDo Resource Proprietors or Resource Custodians use any shared accounts or re-use individual accounts for application credentials, service accounts, user accounts, database accounts, or system hardware? | 2 | Institutional | √ |   | 1 | Institutional | √ |   | MSSEI 10.1 Use of admin accounts only on secure devicesAre all users given their own account to institutional devices? Are privileged accounts used only for administrative tasks? | 2 | Institutional | √ |   | 2 | Privileged | √ |   | 1 | Institutional | √ |   | 1 | Privileged | + |   | MSSEI 10.2 Admin account securityDo you maintain a password policy for administrative accounts on institutional and privileged devices? Are your password complexity requirements compliant with MSSND 5? Provide documentation of password policies. Do you use administrative accounts when conducting high-risk activities such as reading email, using a web browser (e.g., to download a patch or tool), or reading and editing general documents? | 2 | Institutional | √ |   | 2 | Privileged | √ |   | 1 | Institutional | √ |   | 1 | Privileged | + |   | MSSEI 11.1 Managed hardware firewallDo you have hardware......

Words: 3263 - Pages: 14

Admin Law

... |Administrative Law | |Internal Assessment Plan | | | |Topic : Rule of Law in India | |9/25/2014 | Name: Tanisha Gupta Division: C Roll No.: 262 Email id: tanisha.gupta@symlaw.ac.in Introduction The expression 'Rule of Law' has been derived from the French phrase 'la principle de legalite', that is, a Government based on the principles of law. The principle of Rule of Law implies the supremacy of law, or in other words, supremacy of s a system of rules and rights that enables fair and functioning societies. “Rule of law” had been defined by A.V. Dicey, to mean the “absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness, of prerogative, or even wide discretionary authority on the part of the government.” As per Dicey, the Rule of Law constituted 3 main......

Words: 2382 - Pages: 10

Admin Law Essay

...The following paper will examine the elements of procedural fairness apparent in tribunals and compare this to that of the court system, ultimately coming to a tentative conclusion on the efficacy of each. A broad spectrum of academic literature, case law and legislation has been considered to evaluate the role that tribunals have in the Australian legal system. In light of Kerr J’s remark (above), find and critically analyse a case which considers issues of procedural fairness in a tribunal hearing. The case of Ashmore v Commissioner for Superannuation primarily concerned the decisions to not recognise late election and to not grant an extension of time relating to the preservation of the applicant’s superannuation benefit. At the initial hearing in which the applicant (Carolyn Ashmore) gave oral evidence, only one senior member was present, contrary to the stipulations of the Superannuation Act that the Tribunal be constituted of three members, one of whom is an eligible employee or pensioner. The hearing was then reconstituted with three members, and a transcript of the applicant’s oral evidence was used to ascertain her credibility. Ultimately the Tribunal formed a negative opinion of the applicant’s evidence, leading them to rule against her. By relying on a transcript of Ashmore’s evidence, it was determined by Justice Moore that the other two tribunal members could have been influenced, albeit unintentionally, by the negative bias from the senior member present at......

Words: 2850 - Pages: 12

Admin Law

...Administrative law is especially valuable to agencies such The Department of Housing and Urban Development as it addresses fairness and responsibility issues with governing laws. Court cases help to make change where needed when it can be shown the system has failed or if one’s rights have been violated. The Department of Housing and Urban Development The Department of Housing and Urban Development's (HUD) manages and is responsible for the running of programs that provide housing as well as community development assistance. The HUD agency also works to ensure fair and equal housing opportunity for all people. An example of one of the programs is the Federal Housing Administration (FHA), which is part of HUD, is a government agency which objectives are to improve housing conditions and standards as well as provide a house financing system with insurance of home mortgage loans. Congress created the Federal Housing Administration (FHA) in 1934. The FHA became a part of the Department of Housing and Urban Development's (HUD) Office of Housing in 1965. The HUD agency and issues it covers is very broad so administrative law is a must for this agency to ensure there is fair housing and equal opportunity. Administrative law covers several areas such as rule-making, agency discretion, test and inspection, mediation and arbitration, the requirements of fairness, due processes, hearings, equal protection, affirmative action and diversity in the housing market. Administrative......

Words: 2335 - Pages: 10

Admin- Danindia

...Bibliography 13 1. Terms of reference This report has been written by Lisa Milligan referring to the DanIndia Case Study. It is to be submitted to lecturer Anne Marie Clleland on Friday the 16th of January 2016. 2. Procedure The information for this case study had been gathered by the following: • Books • Internet • Interviews • Journals 3. Findings 3.1 Health and Safety DanIndia have had a number of incidents which have highlighted weaknesses in the company’s current Health and Safety procedure. Together, staff and management have decided to receive training regarding Health and Safety legislation. The company believe that this training would prevent carelessness, therefore DanIndia would not unintentionally break the law. There are three sources of Health and Safety Legislation in Scotland, however, the main legislation is covered by the Health and Safety at Work Act (1974). In order to maintain legislation, there are general responsibilities of the employer and employee within a company. 3.1.1 Employers Responsibilities Employers that own a business, with over five employees are required to have a health and safety policy in place. This means that all employees must have training that includes clear instructions and information regarding the importance of health and safety in the workplace. It is the employer’s responsibility to ensure the health and safety of all of their staff, including those with disabilities. Therefore all work equipment......

Words: 2289 - Pages: 10

Admin Law

...ADMINISTRATIVE LAW INTRODUCTION Administrative law refers to the body of principles and procedures by which the exercise of executive government is controlled and supervised FOUR MECHANISMS OF ADMINISTRATIVE LAW 1. JUDICIAL REVIEW Whether the actions of the relevant public authority or official are legally correct and whether they acted within the confines of the power conferred on them or correctly exercised that power by adherence to procedures they were required to follow 2. MERITS REVIEW An independent or impartial reconsideration of all aspects of a decision by a public authority or official, the review body notionally “standing in the shoes” of the original decision maker and determining what is the correct or preferable decision 3. FREEDOM OF INFORMATION Provides the public at large with rights of access to government held information 4. OMBUDSMAN REVIEW Independent investigation of complaints about incorrect or unjust executive actions by public bodies or officials particularly in other circumstances where remedies are unavailable or unsuitable IF QUESTION INVOLVES ANY OF THESE IT IS A FEDERAL TRIBUNAL ISSUE • • • • • Immigration Social Security Tax Customs and Excise Native title IF QUESTION INVOLVES THESE IT IS STATE • • • • • Land and resources management Occupational and business regulation Local government Prisons Education JUDICIAL REVIEW • Judicial review is the means by which courts determine whether or......

Words: 32688 - Pages: 131

Admin

... BRAIN TRAINING HOW TO LEARN AND REMEMBER EVERYTHING BY GEORGE LYNCH COPYRIGHT © 2014 BY BMS PUBLISHING, A DIVISION OF BMS INTERNATIONAL, INC. ALL RIGHTS RESERVED. NO PART OF THIS BOOK MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, ELECTRONIC OR MECHANICAL, INCLUDING PHOTOCOPYING, RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM WITHOUT THE WRITTEN PERMISSION OF THE AUTHOR, EXCEPT WHERE PERMITTED BY LAW. TABLE OF CONTENTS Introduction CHAPTER 1: How NLP Works CHAPTER 2: What Affects Memory? CHAPTER 3: Reducing Stress and Anxiety CHAPTER 4: Changing Beliefs and Values CHAPTER 5: Adding Hypnotherapy, Visualization Memory Cues and Attachments CHAPTER 6: Every Day Practice CHAPTER 7: The Whole Picture Conclusion My Free Gift To You INTRODUCTION I want to thank you and congratulate you for downloading the book, “Improving Memory Now: How To use NLP Techniques To Improve Memory Ability Today”. This book contains proven steps and strategies on how to improve your memory with NLP. Do you have a hard time remembering things and aren’t sure why? There could be a lot of reasons ......

Words: 6225 - Pages: 25

Admin Law

...Week 2 Homework Help – GM520. Here is an example to get you started on the Week 2 Homework: 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points) Illinois Department of Regulation – I am a hunter so this interests me and will impact me with the new deer hunting regulations. This will affect me peripherally as the cost of the permits have increased. 2. Describe the proposal/change. (10 points) The proposal increases the fee for late season deer permits and repeals the “group hunting” permit. 3. Write the public comment which you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. (10 points) My comment is that group hunts were beneficial to the family who hunts together and I’m not sure why they are being repealed. Further, hunting is expensive and a set of...

Words: 481 - Pages: 2

Admin Law Hfa Mdis Preliminary Ideas

...to receiving FDA rules, regulations, procedures, policies, and so forth if said information is not available publicly. By obtaining an FOIA request, I can request the information. In addition, I have access to three publications that detail US Code, statistics on US agencies, and updates of regulation changes, as part of the Federal Register Act. b.) The positivist theory would equate the FDA’s regulations as power because the FDA has been granted power; therefore, the new regulations are considered law. The idea that only what is law benefits the people is especially troubling in this instance. The idea of justice, that law must judge without regard to person and treat all with the same standard, provides further problems for these new regulations. Additionally, the notion of safety and certainty is also suspect in these regulations. Is it better to have the regulations to remove legal certainty or do these regulations cause too much harm? Lastly, natural law may also play a part in c.)...

Words: 1130 - Pages: 5

Clinton Admin. V. Obama Admin.

...Assignment 3: Constitutional Rights Ashlee R. Hall PAD 525: Constitution & Administrative Law Dr. Lee February 19, 2012 Lawrence J. Korb, former vice president of operations in Washington D.C. for Raytheon Corporation, was dismissed from his position for publicly expressing his views regarding the corporation’s economic interest. Freedom of speech, provided by the First Amendment, is valued with high regard but there are several instances where speech is not always protected. From a historical perspective, Korb v. Raytheon provides a precedent for competing claims between private actors for the right of free speech. This essay attempts to provide the facts of the case, the issues, and the ruling. Much emphasis is put on the challenges associated with freedom of speech, freedom of information, and employment law while the public perceptions of Raytheon and its influence with the Department of Defense plays a huge role. FACTS, ISSUES, & RULING OF CASE Raytheon Company was founded in Cambridge, Mass., as the American Appliance Company in 1922, a pivotal time in American history. This company predominately manufactured equipment for the U.S. military along with defense technology and training, homeland and border security, and cyber security. The plaintiff, identified as Lawrence J. Korb, was employed by Raytheon as a vice president of operations. Korb made the decision to join a non-profit organization which was......

Words: 2357 - Pages: 10