Developed model for easier animal welfare assessment- with examples from dairy cows in loose housing Animals in captivity are completely dependent on human care. If captive animals are prevented from exhibiting their natural behavior, they may suffer. Animal welfare inspectors, who insure that the animal welfare legislation is followed, use a checklist to assess the situation in the husbandry. This checklist contains only two levels of assessment, which may result in a lack of detail in the assessment of the husbandry. The objective of this report was to develop a more detailed model that provides an overview of the situation in husbandry. The developed model was customized for dairy cows in loose housing with information from the animal welfare legislation, scientific results and advice from experts, and was then tested in four husbandries for dairy cows. The model was divided into five categories for which the assessment parameters were adapted. A rating scale with different colors and scores was developed to assess different qualities of husbandries and a control help text was made to facilitate the assessment. To illustrate the results they were placed in a pie chart. The major conclusion of this report is that a model like this works very well when the details of animal husbandry shall be shown. Besides that, a rating scale with more levels than those in the current checklist is necessary to develop an accurate overview of animal husbandries. A model like this can help the animal welfare inspectors to distinguish different types of animal keepers and thus optimize inspection procedures.

The scene of dangerous driving (street racing) has been seen in 1986; however, the situation has not been redressed a bit after the long-term prevention by police force. Nevertheless, since the problem of dangerous driving first appeared in 1955 in Japan, by the long-term prevention, the situation has been well redressed and some talented F1 racing drivers have been cultivated. On May, 11th, 2012, a Japanese racing driver, Kamui Kobayashi, took the 5th place in Spanish Grand Prix. Dangerous driving has been banned by force in our nation; yet, the auto racing industry has not been developed in line with modern society. In a long period of time, the prevention of dangerous driving has been ineffective due to the banning manner, instead of venting, that the government adopted, which leads to a huge waste of human power and resources. Police force is the current administrative authority for preventing dangerous driving. The legal basis for police to enforce or exercise its power or right is officially available since the Police Duties Enforcement Act was promulgated on Dec. 12th 2003, followed by the interpretation of Shih-Zih No. 535 made by the Council of Grand Justices. The Police Duties Enforcement Act does not only regulate that the enforcement of police powers should be complied with proportionality by specific manner, but also provides the legal basis for the enforcement of police powers. Human right and police itself are also safeguarded. Nevertheless, whether the enforcement of the Act can redress dangerous driving, or weather it can represent that dangerous driving can be corrected only by police is worth discussing in this study. Dangerous driving has been a troublesome problem to Kaohsiung City. By this study, I found out that banning dangerous driving by strict force affects little to the prevention of it. Through the analysis of the five major frameworks of administrative law, I suggest that the government should not regard dangerous driving as a pure event of public disorder, but a social phenomenon. Except for banning illegal dangerous driving, the central government should take the advantage of the situation to allow local self-governing to promote auto-racing industry. The government should also play the role of leading and changing the illegal and dangerous driving to the legal auto racing game with reasonable and effective management, and to set a managing mechanism in terms of the platform for modified parts. Through this manner, the government can not only benefit from taxing, but also control dangerous deriving effectively, which leads to a win-win situation for both of the government and its people.

The principal tasks for police officers aren¡¦t beyond the scope of ¡§Society Security¡¨ and ¡§Traffic.¡¨ However, police authorities used to attach greater importance to social security than traffic in the past and were unaware of the harmfulness generated from traffic problems. The casualties as well as property loss resulting from traffic accidents are not less than and go even farther than that of social security (criminal) cases in fact. For traffic problems didn¡¦t receive deserved attention, domestic traffic security and order weren¡¦t improved for so many years. Among which, drunk driving constituted one of the major causes for traffic accident fatalities. Therefore, drunk driving enforcement becomes one of the major tasks for police officers upon traffic law enforcement. Owing to the lack of initiation requirements, execution procedures, and relief measures for drunk driving, necessary inspection and regulation upon communications and other equipments, and control district delimitation, ¡§excessive enforcement¡¨ and ¡§excessive control¡¨ then occurred frequently and public complaints were therefore incurred repeatedly. To prevent tragedies caused by drunk driving and decrease social problems derived consequently, we shall make observation in aspects of society, politics, economy, and legal system as well as consult and deliberate in the advantages of other countries to remedy defects. The final conclusion shall be made after being examined from aspects of administrative organization, personnel system, fund budget, and the design and application of limitation of administrative power, with proper rehabilitation by means of administrative relief, and further monitored by the internal and external control mechanism of administrative supervision. The complete and practicable suggestions produced accordingly can therefore provide well-established laws and decrees for police officers to follow pursuant to the system and can accomplish tasks according to law, reason, and feeling in handling measures, and therefore gain instant result upon the law enforcement of drunk driving. Police officers¡¦ power and prestige in duty execution then can be established and people¡¦s rights can be protected as well to effectively prevent the occurrence of drunk driving accidents. It¡¦s hoped that the problems dwelling in the legal system applied for drunk driving enforcement of the Republic of China can be examined and found by administrative law, with the five major frameworks derived from which, namely, basic principles, administrative organization, limitation of administrative authority, administrative relief, and administrative supervision. And it¡¦s further expected that with the discourse of administrative law¡¦s five major frameworks mentioned above, specific suggestions against the items required for reformation in existing legal system can be brought forth to provide solution or reference for legislative agency in future legislation, establish complete legal system of drunk driving enforcement by police officer, and therefore improve the image of the Republic of China as a country ruled by law.

As it¡¦s proclaimed in Article 14 of Constitution of the Republic of China that ¡§The people shall have freedom of assembly and association,¡¨ the government shall stipulate associated laws to protect people¡¦s freedom to exercise the said right. However, since the practice of Constitution, owing to political environment, the constitution of laws guaranteeing people¡¦s freedom to exercise the right of assembly and parade had been delayed for a long time. Assembly and Parade Law was not promulgated until Jan. 20, 1988 after the martial law declared to be ended. Hence, people can claim the right of assembly and parade and police authority can execute tasks regarding order maintenance accordingly. Nevertheless, the said Law was stipulated under the time and environment that the concept, ¡§Value Society Security above Human Right¡¨ being purposely reinforced. Therefore, controls over people¡¦s basic rights still remained therein. Though Assembly and Parade Law was amended twice and supported by Interpretation of Shih-Zih No. 445 made by Council of Grand Justices, there seemed no changes made on the entire regulation and the shadow of controlling still existed. Therefore, unceasing criticism was generated arguing that it is violation of Constitution. As a result, it¡¦s essential to make a research on how to formulate the legal system of assembly and parade that will ¡§protect people¡¦s freedom of assembly and parade¡¨ as well as ¡§maintain social orders.¡¨ The legal system of assembly and parade of Republic of China is examined herein by the basic methods of administrative law, namely, the five major frameworks, including administrative principles, administrative organization, limitation of administrative power, administrative relief, and administrative supervision from every respect and viewpoint. Meanwhile, bibliography exploration, historical narration, comparative analysis, and generalization analysis are adopted as the principal research approaches to explore whether there¡¦s any improvement required regarding ¡§Legal System of Assembly and Parade¡¨ on the basis of five major frameworks of administrative law. Additionally, practical implementation and suggestions for regulations and actions concerning future assembly and parade are hereby provided to achieve the goal of protecting people¡¦s freedom to assemble and parade and maintaining social orders as well. With the exploration by means of five major frameworks of administrative law, the assembly and parade legal system of Republic of China has formed the prototype as that of countries ruled by law. However, problems such as inappropriate system design, incomplete decrees and laws, uncertain legal concepts and unclear meanings as well as rigid adherence to bureaucrat system still remained in the existing legal system of assembly and parade of Republic of China. As a whole, restriction exceeding protection is also the major cause generating criticism against the legal system of assembly and parade presently. Under this condition, it would result in endless ¡§Police-Civilian Conflicts¡¨ emerged upon assemblies and parades and even the freedom and right that people have for assembly and parade will be violated illegally. The governor shall examine the problems dwelling in assembly and parade legal system of Republic of China on the basis of five major frameworks of administrative law one by one as soon as possible and further to review and perform modification. This is exactly the method of radical reformation and solution.

Abstract According to International Labour Organization (ILO) Convention No.100 ¡§ Equal Remuneration Convention ¡¨ (1951),and No.135 ¡§ Workers¡¦Representatives Convention ¡¨ (1971). Both Cleraly regular labors don¡¦t be discriminated against employment, and their work remuneration also don¡¦t be exploited. Nowadays, in the era of global economic depression, more and more enterprise and government in order to reduce the human cost, numerously use ¡§ Dispatched Worker ¡¨ form, debase oneself cost to minimum. However, this form also violate the right of labor largely. Therefore, how to regular the legal system which protects the work right of dispatched worker as well as maintains the order of labour market, is the very important issue. The legal system of dispatched worker over Taiwan-strait is examined herein by the basic methods of administrative law, namely, the five major frameworks, including administrative principles, administrative organization, limitation of administrative power, administrative relief, and administrative supervision from every respect and viewpoint. Meanwhile, bibliography exploration, historical narration, comparative analysis, and generalization analysis are adopted as the principal research approaches to explore whether there¡¦s any improvement required regarding ¡§Legal System of Dispatched Worker over Taiwan-strait¡¨ on the basis of five major frameworks of administrative law. Additionally, practical implementation and suggestions for regulations and actions concerning future the legal system of dispatched worker over Taiwan-strait, are hereby provided to achieve the goal of protecting the work right of dispatched worker and maintaining labour market orders as well. With the exploration by means of five major frameworks of administrative law, the legal system of dispatched worker in China district have already ensured. But nowadays in Taiwan district haven¡¦t regulared yet, it still have more unsuitable institution, uncompleted order, equivocal concept and equivocation. From the basic of legal system, the conflicts and influences of every interest groups are also the main reason, which causes no consensus to the legal system of dispatched worker in Taiwan district. In this situation, will cause the dispatched worker continually face ¡§ Equal Work Unequal Remuneration ¡¨, ¡§ Labour Exploited ¡¨, ¡§ Employment Discriminated ¡¨. The relevant administration bodies should positively survey the problem of five major frameworks of administrative law of the legal system of dispatched worker in Taiwan district, as well as further to review and perform modification. This is exactly the method of radical reformation and solution.

This thesis suggests that it is impossible to consider any administrative agency in the abstract without losing important elements of the nature of the legal environment within which the agency operates. There is a large gap between the theories of formal administrative law and the experience of practice in particular administrative settings. Drawing upon the work of sociologist Pierre Bourdieu, the thesis develops the concept of the legal administrative field as a means to approach this issue. The use of Bourdieu's concepts of field, habitus and capital help to articulate and give a theoretical structure to a process and series of practices that are otherwise hard to identify or study. Two Alberta farm marketing boards, and certain specific legal issues faced by each board, are examined in detail and analyzed in terms of the concept of the legal administrative field. It is shown that for each board, the realm of what was 'legally possible' shifted despite the fact that there were no changes in the formal administrative law and that legal practice in these fields involves far more than the application of the principles of formal administrative law. The intersection of the principles and habitus of formal administrative law, the structure provided by the legislative and regulatory framework, and the respective capital and habitus of all the individuals, agents and agencies within the field all interact and these complex interactions are what structure the legal administrative fields and shape the shifts which occur within them. In the struggles of interpretation which occur in these fields an attempt to make a clear demarcation between the practice of law by lawyers and the administration of the system by administrators is inadequate; it simplifies and renders invisible much of the complex series of interactions in which the legal practitioner is a participant and which create the field in which he or she practices. The conclusion is that the heuristic value of the legal administrative field in relation to the legal issues faced by the two marketing boards, and in relation to legal practice in the farm marketing area has been established and that this concept provides a useful perspective and a valuable supplement to a more traditional approach.

Darbe keliama hipotezė – procesinė taisyklė, leidžianti apylinkių teismams nagrinėjant administracinių teisės pažeidimų bylas, savo iniciatyva neribotai rinkti įrodymus, pažeidžia proceso šalių lygiateisiškumo ir rungimosi principus. Siekiant patvirtinti hipotezę, yra pasirinkta trijų dalių darbo struktūra. Pirmojoje dalyje aptarta administracinių teisės pažeidimų bylų teisena, administracinės atsakomybės samprata ir organai (pareigūnai) įgalioti nagrinėti administracinių teisės pažeidimų bylas. Antroje dalyje analizuojama rungimosi ir lygiateisiškumo principų samprata, jų veikimas administracinių teisės pažeidimų teisenoje. Paskutinėje dalyje įvertinamas teisėjo vaidmuo administracinių teisės pažeidimų teisenoje, lyginama su užsienio šalių teisinėmis sistemomis Atlikus mokslinės teisinės literatūros, įstatymų analizę bei išanalizavus bendros kompetencijos teismo vaidmenį nagrinėjant administracinių teisės pažeidimų bylas, galima daryti išvadą, kad teisėjas rinkdamas įrodymus pažeidžia rungimosi ir proceso šalių lygiateisiškumo principus. Darbe keliama hipotezė pasitvirtino. / The paper proposes a hypothesis – the procedural rule that enables district courts to collect evidence while hearing the cases of administrative law offences at their own initiative without any limitations violates the principle of equal rights of the dispute parties and the adversarial principle. In order to support the hypothesis, a three-part structure of the paper has been chosen. The first part discusses administrative legal proceedings, the concept of administrative liability and the bodies (officers) authorized to hear the cases of administrative law offences. The second part analyzes the concept of the adversarial principle and the principle of equal rights, their application in administrative legal proceedings. The final part evaluates the role of a judge in administrative legal proceedings and provides a comparison with foreign legal systems. The analysis of scientific legal literature, laws, the role of the court of general competence and the case-law on administrative law offences permits to jump into conclusion that by collecting evidence in administrative cases without limitations, the judge violates the adversarial principle and the principle of equal rights of the parties in the proceedings. The proposed hypothesis has been supported.

This paper focuses on the evolution of “reasonableness” as a unitary standard of judicial review and the role of tribunal expertise in that process. The modern era begins with Nipawin in 1973, a time when judicial review operated with a crude binary system of standards that allowed for either full curial deference (patent unreasonableness) or no deference (correctness). It ends in 2008 with Dunsmuir and the jettisoning of the highest standard of curial deference, the standard of patent unreasonableness. Correctness is now implicitly understood not as a standard but, as the justified absence of the need to extend deference to a tribunal`s decision. Patent unreasonableness and the middle ground standard of reasonableness have ostensibly been "collapsed" into a single more rational, workable, flexible and sophisticated unitary system based on the multi faceted standard of reasonableness. It is argued that the new “standard of review analysis” expressed in Dunsmuir is simply a comprehensive restatement of all the previously articulated diverse and, typically, non-dispositive factors and exceptions. The hallmarks of this new standard are the recognition that, more often than not in administrative law, there is no one right or best answer and that, a reviewing court will respect and affirm a tribunal’s choice if it is within the range of options provided it is well reasoned. This paper also addresses the primarily academic criticism of the Supreme Court over conceptual problems in distinguishing patent unreasonableness from reasonableness, a dispute fuelled by this court’s continued attempts to justify a standard of review that allowed for a tribunal’s right to be wrong. It is argued that patent unreasonableness had become less of a standard of review and more of a simple expression of judicial censure for egregious fault in decision making; a qualifier to a finding of unreasonableness. Arguably that role may have been preserved even with the collapsing of the two standards into one standard in Dunsmuir. While Dunsmuir should have clarified many of the issues the three-way difference of opinion in the Court demonstrates continuing deep rifts that may portend further uncertainty. Uptake by lower courts indicates otherwise. / Thesis (Master, Law) -- Queen's University, 2009-03-17 14:58:15.299

No abstract available. / Thesis (LL.M.)-University of Natal, Durban,1985.

Bakalauro baigiamajame darbe nagrinėjamas administracinės teisės principų įgyvendinimas Valstybinės mokesčių inspekcijos veikloje, išanalizuojant administracinės teisės principų sampratą, rūšis, funkcijas bei realizavimą viešajame administravime ir ištiriant šių principų įgyvendinimą Šiaulių apskrities valstybinės mokesčių inspekcijos atveju. / The present Bachelor Thesis deals with implementation of administrative law principles within the activities of State Tax Inspectorate by analysing the conception, types, functions of administrative law as well as realisation thereof in public administration and by studying implementation of these principles in case of Šiauliai County State Tax Inspectorate.