Questions tagged [administrative-law]
Branch of law governing the creation and operation of administrative agencies. Of special importance are the powers granted to administrative agencies, the substantive rules that such agencies make, and the legal relationships between such agencies, other government bodies, and the public at large.
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Does AFP NPC Code 41 “All Commonwealth offences” mean search scope only, or disclose spent convictions under Part VIIC
Under Australia’s spent convictions scheme (Crimes Act 1914 (Cth) Part VIIC), spent convictions are generally protected from disclosure and from being taken into account, subject to Division 6 ...
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What happened to the District Court in immigration proceedings?
In URIAS-ORELLANA ET AL . v. BONDI, ATTORNEY GENERAL we can read:
Petitioners Douglas Humberto Urias-Orellana [...] entered the United States without authorization. After being placed in removal ...
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What legal remedies does a foreigner in Poland have after receiving a refusal for a temporary residence permit (pobyt czasowy)?
I am looking for a precise explanation of the legal steps available to a foreigner in Poland who receives a refusal (decyzja odmowna) in a temporary residence permit case (pobyt czasowy).
Under the ...
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Are 3rd parties allowed to refer to a decision, the corresponding agency has agreed on a „stillhaltezusage“?
In early May the Bundesamt für Verfassungsschutz (BfV) publicly announced that they found the political party „AfD“ to be proven inimical to the constitution.
The AfD of course disagrees and (to cut a ...
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Binding precedents from administrative agencies?
"Everybody knows" that a court's interpretation of a law may constitute a binding precedent in common-law jurisdictions (unless overruled by a court of appeals or superseded by later ...
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Which public authority will be the respondent in a judicial review of a delegated decision?
Let's say that the Police Commissioner for a certain area lawfully delegates his conditional power to ban public processions to the Assistant Commissioner. This delegation is permitted under s15 of ...
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Legality of using the USACE for nationwide solar buildout
Suppose Congress passes the required funding to make the following scenario work.
Would it be legal for the US Army Corps of Engineers to be used by agencies of the federal government to directly ...
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Do rules of statutory construction apply to administrative code? [TX]
I am wondering if the rules of statutory construction governing statues passed by the legislature also apply to administrative codes in Texas. Specifically, 16 TAC § 26.111(g), which states "... ...
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Does the right to "good administration" in the Charter of Fundamental Rights of the European Union bind national governments?
The charter contains a "Right to good administration" in Title V, "Citizens' Rights".
The first sentence is (emphasis by me):
Every person has the right to have his or her affairs ...
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How many separate judicial systems are there in the United States?
At minute 17:30 of this video https://www.youtube.com/watch?v=lJOpSkyBl2Y the lecturer claims there are 51 separate court systems.
But I count at least 52: 50 states, the federal system, and ...
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What procedures are in place in the US for when multiple people in the line of succession are in the same place at the same time?
What are the governmental procedures in the United States for important people (people in the chain of succession to the presidency) staying in the same place? Who can and who cannot fly together, etc....
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Florida: what is the deadline to appeal a decision by a state agency, and what is the venue?
I wish to file an appeal for a decision issued by an enforcement agency (1). Which section of Chapter 120 if any specifies the timeline? I skimmed through the chapter and did not find it.
I thought ...
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APA vs. tort comparison
Any suggestions on where to find a detailed side-by-side comparison of the Administrative Procedures Act use versus the use of tort law for federal agency cases? Thanks for suggestions.
Searching on ...
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Can you sue a state government administrative agency for breaking the law it's supposed to implement?
The agency I'm interested in is the Virginia Employment Commission, and the law is the Virginia Unemployment Compensation Act, but the question is also more generic.
My understanding is that the state ...
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May the State Department make a redetermination under 8 USC § 1182(a)(2)(G)?
Once the State Department makes a determination that a person is an "alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, ...