Remedial Law Doctrine of non-interference or doctrine of judicial stability Courts of equal and coordinate jurisdiction cannot interfere with each other‘s orders. Thus‚ the RTC has no power to nullify or enjoin the enforcement of a writ of possession issued by another RTC. The principle also bars a court from reviewing or interfering with the judgment of a co-equal court over which it has no appellate jurisdiction or power of review. This doctrine applies with equal force to administrative bodies
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today nearly all judicial review applications go firstly to the Fed Ct. THERE ARE TWO WAYS OF GOING TO THE FEDERAL CRT: 1. Common law jurisdiction (given to it by s.39B of the Judiciary Act). 2. The Administrative Decisions (Judicial Review) Act (referred to as statutory judicial review). • The ADJR Act was one of the components of a package of administrative law reform which took place at a Cth level in the 1970s. • The ADJR was created to make it easier for an applicant to seek action before
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organizing‚ promoting its tourism industry is of primary importance in the Philippines. Presidential Decree No.189 (May 11‚ 1973) - Department of Tourism created by virtue. It is primary policy making‚ planning‚ programming‚ coordinating and administrative entity of executive branch in the development of the tourism industry‚ both domestic and international. DOT Major Functions: 1. Supervise the activities of the government. 2. Effect the removal of unnecessary barriers to travel. 3. Formulate
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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? (10 points) With the rising problems of unpaid student debts‚ it was obvious as to why congress lower student loan allotments. Federal student loans are controlled by the US Department of Education under the National Defense Education Act. Considering the fact
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The proportionality test in UK Administrative Law Traditionally‚ administrative action in the UK has been subject to three grounds of review. Lord Diplock‚ in the GCHQ case‚ reiterated these and labeled them ‘procedural impropriety’‚ ‘illegality’ and ‘irrationality’. The test to establish whether a decision was irrational had been subject to a particularly large amount of litigation and‚ consequently‚ debate. A definitive answer to the debate was laid down in 1947 by the House of Lords in Associated
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Cambridge University Press 978-0-521-70179-2 - Law and Administration‚ Third Edition Carol Harlow and Richard Rawlings Excerpt More information 1 Red and green light theories Contents 1. Law and state 2. The Diceyan legacy (a) Dicey and the rule-of-law state (b) ‘The English have no administrative law’ (c) State and Crown (d) The state and statutory authority (e) Public and private law 3. Dicey and ‘red light theory’ 4. Ouster clauses and the rule of law 5. ‘Green light theory’ 6. ‘Green light theory’
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Control of Administrative Action in India and Writs One of the important field of the study of the administrative law is the „‟Judicial Control of Administrative Action in India. Today the power of the administrative authorities become very strong and thus it resulted different complications and repercussions in the socio-economic field in India. Therefore‚ considering the day to day increasing power of the administrative bodies judicial control is become an important area of the administrative law as because
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1. WHAT IS ADMINISTRATIVE LAW? Administrative law controls the actions of public officials. It developed to allow for decisions of travelling judges to be reviewed. It has five basic components: - Judicial review: review by a court of the legality of a decision; - Merits review: review by a tribunal on the merits of a case; - Internal review: review by the decision-maker‚ as required by statute; - Ombudsman: investigation and reporting by an independent third-party; and - Freedom of information:
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entire Philippine archipelago. SIX PROVINCES AND A CITY As a recently-defined administrative region‚ the Cordillera is composed of the six provinces of Apayao‚ Kalinga‚ Abra‚ Mountain Province‚ Ifugao‚ and Benguet‚ plus the chartered city of Baguio. These provinces have a total land area of almost 18‚300 square km. The bulk of the Cordillera mountain range‚ as a physical region‚ is covered by this Cordillera administrative region (CAR). The Cordillera’s foothills extend into a few other adjacent provinces
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Administrative Discretion Melissa T. Massey Public Administration 13 December 2011 Administrative Discretion Administrative discretion is a discretionary action is informal and‚ therefore‚ unprotected by the safeguards inherent in formal procedure. A public official‚ for example‚ has administrative discretion when he or she has the freedom to make a choice among potential courses of action. Abuse of Discretion is the failure to exercise reasonable judgment or discretion. It might provide
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