The British Administrative System: Principles Versus Practice

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The scope of judicial review may be limited to certain questions of fairness , or whether 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.

Administrative law, as laid down by 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 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 the judicial or legislative branches.

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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 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 the Administrative Procedure Act APA in Many of the independent agencies operate as miniature versions [ citation needed ] 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 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, [38] and must comply with the requirements of the APA.

The American Bar Association 's official journal concerning administrative law 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. The agricultural sector is one of the most heavily regulated sectors in the U.

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 the Environmental Protection Agency play a significant regulatory role as well. From Wikipedia, the free encyclopedia. This article needs additional citations for verification.

Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. Main article: Administrative court. Main article: droit administratif en France in French. This section needs expansion.

Infosheet 20 - The Australian system of government

You can help by adding to it. June Main article: Administrative law in the People's Republic of China. Main article: Ukrainian administrative law. The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. You may improve this article , discuss the issue on the talk page , or create a new article , as appropriate.

April Learn how and when to remove this template message. Main article: Australian administrative law. Main article: Canadian administrative law. Main article: Administrative law in Singapore. Main article: United Kingdom administrative law. Main article: United States administrative law. E, Sect. E, Ass. April They collected taxes, were judges and finance officers. West African chiefs were subordinate to the European officers with little power to act on their own. Moreover, they could be replaced at any time by a higher Portuguese power.

The assimilado policy held that all persons, no matter their race, would be accorded this status if they met the specific qualifications. Similar to the French policy of assimilation, the Portuguese West African had to adopt a European mode of life; speak and read Portuguese fluently; be a Christian; compete military service; and have a trade or profession. However, only a small number Portuguese West Africans became assimilados because of the difficulty in achieving this station. Additionally, the Portuguese did not support education in their colonies. They built few secondary schools, and almost entirely neglected elementary education.

Most of their emphasis was given to rudimentary levels of training where Portuguese West African students were taught moral principles and basic Portuguese; making it almost impossible for the Portuguese West African, even if she or he wanted to, to achieve the status of assimilado. German colonialism was too short-lived to establish a coherent administrative policy. German African colonial experience essentially amounted to thirty years and was characterized by bloody African rebellions.

However, their harsh treatment resulted in intervention and direct rule by German government. The Germans had a highly centralized administration. At the top of government was the Emperor. The Emperor was assisted by the Chancellor, who was assisted by Colonial Officers , who supervised the administration. At the bottom were the jumbes or subordinate African staff. These men had been placed in the stead of recognized leadership. The colonialists thus instituted the Colonial Pact which ensured that West African colonies must provide agricultural export products for their imperial country and buy its manufactured goods in return, even when they could get better deals elsewhere.

To facilitate this process, the colonialists therefore forced West Africans to participate in a monetized market economy. They introduced new currencies, which were tied to currencies of the metropolitan countries to replace the local currencies and barter trade. Railroads were a central element in the imposition of the colonial economic and political structures.

Colonial railways did not link West African economies and production together. They did not link West African communities together either, rather they served the purpose of linking West African producers to international trade and market place; and also connecting production areas to the West African coast. Moreover, railroads meant that larger amounts of West African produced crops could be sent to coast. All equipment used to build and operate the railroads were manufactured in Europe, and brought little to no economic growth to West Africa beyond reinforcing the production of West African cash crops for the external market.

What was more, thousands of West African men were forced to construct these railroads; and many died doing so. The key to the development of colonial economies in West Africa, was the need to control labor. In the colonies, this labor was forced. There were basically two types of forced labor in Africa.

The first, was peasant labor. This occurred in most parts of West Africa where agriculture was already mainstay. In East, Central, and South Africa, Africans performed migrant wage labor on European owned and managed mines and plantations.

The colonial masters also imposed taxation in West Africa. By taxing rural produce, the colonial state could force West Africans to farm cash crops. West Africans had to sell sustenance crops on the market for cash. Then use cash to pay taxes. Taxes could be imposed on land, produce, and homes hut tax. The requirement to pay tax forced West Africans into the colonial labour market. The imposition of foreign domination on West Africa did not go unchallenged. West Africans adopted different strategies to ensure survival. Some West African people living outside the cash crop areas found that they could get away with very little contact with the Europeans.

Still others pursued Western education and Christianity while holding strong to their identities. West African people struggled against the breaking up of their historical states as well as any threat to their land through petitions, litigations, uprisings. West Africans organized protest against colonialism in form of the assertion of the right to self-rule.

The Congress was formed in Accra in under the leadership of J. Casely-Hayford, an early nationalist, and distinguished Gold Coast lawyer. Its aims were to press for constitution and other reforms , demand Legislative Council in each territory with half of members made up of elected Africa. However, they soon met with the same kind of British racial arrogance encountered by West Africans in the colonial government.

The British replaced Creole archbishops and superintendents with Europeans.


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A European succeeded Bishop Samuel Ajayi Crowther, and no African was consecrated to this high office again for next sixty years. The West African response to this was to break away from European churches and form new, independent West African churches. By , there were no less than 14 churches under exclusive African control.

The Independence movement among churches demanded that control be vested in West African lay or clerical leaders. Many churches incorporated aspects of West African ideas of worship into their liturgies, showing more tolerance for West African social institutions like polygamy. The Prophetic Church Movement also emerged during this time, propelling the establishment of at least three prominent churches in West Africa which related Christianity to current West African beliefs.

These prophets offered prayers for the problems that plagued people in villages, problems which traditional diviners had previously offered assistance in form of sacrifices to various gods. The Prophet Garrick Braide movement Began in , ending with imprisonment in The Aladura people of prayer Movement in Western Nigeria, began during the influenza epidemic , achieving its greatest impact during Great Revival of The African Church and prophetic movement was represented a nationalist reaction against white domination in religious sphere, whim encouraged Africans to adopt African names at baptism, adapt songs to traditional flavors, and translate the bible and prayer books into West African languages.

Despite the rapid spread of Christianity in West Africa, Islam was spreading even more rapidly.

Legal system

The emergence of African owned presses and newspapers played an important role in sowing the seeds of early nationalism. The West African elite, through their newspapers and associations, acted as watchdogs of the colonial government, protecting their citizens against its abuses.

Isaac Wallace Johnson and Nnamdi Azikiwe, for instance, were active in the West African press; and the press served as an important element in keeping the elite united. He propagated racial and national consciousness in Nigeria during the period. All worked to spread nationalism among West Africans.

The press was in fact the single most important element in the birth and development of nationalism in British West Africa. They obtained necessary education to fight white domination effectively. The fact that they often suffered from white racism while abroad made them far more militant. Solanke, one of fathers of Nigerian nationalism, toured West Africa to raise funds for union which published its own journal.

Members stressed cultural nationalism and emphasized the greatness of the African past. One of members, Ghanaian J. Members believed that West Africans should seeks their independence in near future. Ethiopia held a special significance for colonized Africans. It was an ancient Christian kingdom, an island of freedom in a colonized continent. Ethiopia was taken as symbol for African and African Christians. WW1 had far reaching political and economic impact on West Africa. French West Africans were more affected than those in the British colonies.

It is estimated that , Africans were recruited from Francophone Africa. Of these , fought in Europe. Official figures say that 24, died, but this number is assumed to be low, and did not account for Africans missing in action. Compulsory military service was introduced in From , French West Africans actively resisted, as wounded and mutilated Africans began to return home.

It soon became obvious that no adequate provision made for families of absent soldiers. Few Africans fought in British Africa. They took part in the conquest of Togo and Kameron. Like early nationalistic movements, this Pan African Congress was elitist and concerned with issues such as the disabilities of black civil servants. Resolutions made at this congress were moderate.

Westminster system

Few delegates from English West Africa attended. Later congresses in , , and were even weaker and less influential. He spoke of pride in black identity and said that to be an African was a matter of joy and pride, and that black men everywhere would gain their rights by militancy and not by supplication. Branches of the movement were established in Lagos and Gold Coast. Garvey urged black people in the New World to return to Africa and fight or what was their own. Liberia was going to be the launching point for this return.

The British Administrative System: Principles Versus Practice - Grant Jordan - Google книги

It was not a political party, but a discussion center which brought together larger numbers of debating clubs to discuss issues of national importance. Vaughan formed. In , it changed its name to the Nigerian youth movement. The movement was restricted first to Lagos, then Nnamdi Azikiwe and H. Davies joined on their return to Nigeria in and respectively, and the movement became nationalistic in its outlook.

The West African Youth League was formed in Wallace-Johnson had international background. He had visited London and Moscow and had worked for communist newspaper in Hamburg. On his return to the Gold Coast, he was jailed for sedition. WWII accelerated the growth of nationalism and shook the foundations of imperialism. The economic impact of the war on West Africa was tremendous and far reaching, resulting in 1 an increased economic importance of West Africa to the world market.

Europe began to depend more on tropical Africa to supply rubber, cotton, cocoa, palm produce, and groundnuts. Thus, West African colonies increased the production of these cash crops. In Nigeria for instance, value of exports rose from 10,,00 pounds in to 24,,00 pounds in Imports rose from 6,,00 pounds to 19,,00 pounds during the same period.

This provided stimulus for organizational activity among the labor class. In Nigeria the number of trade unions rose from 5 to 70, and the Nigerian Trade Union Congress became central coordinating body. Trade unions cooperated closely with nationalist leaders in pressing for the end of colonialism.

Many West African cities more than doubled their population. Autonomy : In medicine, autonomy refers to the right of the patient to retain control over his or her body. A health care professional can suggest or advise, but any actions that attempt to persuade or coerce the patient into making a choice are violations of this principle.

Beneficence : This principle states that health care providers must do all they can to benefit the patient in each situation. All procedures and treatments recommended must be with the intention to do the most good for the patient. Non-Maleficence : Non-maleficence is probably the best known of the four principles. Justice : The principle of justice states that there should be an element of fairness in all medical decisions: fairness in decisions that burden and benefit, as well as equal distribution of scarce resources and new treatments, and for medical practitioners to uphold applicable laws and legislation when making choices.

One hypothetical case study involves a patient who has an ovarian cyst that, left untreated, will result in kidney failure. An operation to remove the cyst is the best treatment, but the patient is frightened of needles and is against the surgery that would require a needle to give her anesthesia. Although the surgery is the best choice, forcing the patient to accept the needle would be harmful to her non-maleficence. So before making the final decision the doctor must consider all four principles of health care ethics, which will help the physician make the choice that will have the best possible benefits for both the patient and society.



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