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During last decades the judiciary became active in economic issues related with economic rights established by constitution because "economics may provide insight into questions that bear on the proper legal interpretation". Since many a country with a transitional political and economic system continues treating its constitution as an abstract legal document disengaged from the economic policy of the state, practice of judicial review of economic acts of executive and legislative branches became to grow. Valery Zorkin stressed that "the «separation of powers» principle, also proclaimed in the Constitution of the Russian Federation, requires observance of judicial independence. And such independence requires proper funding of the courts and their activities. It is well known that Russian courts remain under funded. However, the cumulative economic costs suffered by both state and private enterprises as the result of under performance by various judicial institutions, especially by the courts of general jurisdiction and the arbitration courts, is at least twice the order of magnitude as the financial burden carried by the state and society in financing such judicial institutions. The elimination of under funding of the courts would definitely improve the efficiency of their work and be worthwhile. Lawyers refer to ‘the rule of law’ because a society which is governed without law leaves ordinary people at the mercy of the arbitrary abuse of power by those who are simply powerful. In some countries the rule of law is absent – think of Cambodia during the rule of Pol Pot and the Khmer Rouge, for example – and when that happens, life is very difficult for ordinary people who have no way of protecting themselves from the powerful. In societies where the rule of law exists, people may even be relatively unaware of it, because their life is not interfered with by corruption and abuse of power. Australia is a country where the rule of law mostly exists, and although its legal system is not perfect in every respect, it does restrain unfettered power in many respects.

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01.14.2007 | 34 Comments

If the LSA is not available, the “Reader Aids” section of the Federal Register can be used to determine if any changes occurred during the month. Like the CFR. and FR, the LSA is available on FDSys, . The current and prior editions of the Code of Federal Regulations and the List of CFR Sections Affected are located in closed stacks and available on microform or via FDsys 1996 – present or the subscription database HeinOnline 1938 present for onsite researchers. In addition to issuing rules and regulations, administrative agencies typically have the authority to enforce adjudicate those rules and regulations through hearing and decision making processes. Agency hearing decisions are published in official reporters and in many commercially published sources. Rulings by an administrative law judge or administrative tribunal are available in both print and electronic formats. For example, administrative hearing opinions from the National Labor Relations Board are available in the print sources Decisions and Orders of the National Labor Relations Board Government Printing Office and Labor Relations Reference Manual Bloomberg BNA, and electronically on the National Labor Relations Board website, . For a listing of official and commercial titles of federal agency decisions, see How to Find the Law, Appendix D 9th ed. 1989Call No. KF240 .

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01.14.2007 | 16 Comments

Administrative law in Germany, called "Verwaltungsrecht" de:Verwaltungsrecht Deutschland, generally rules the relationship between authorities and the citizens and therefore, it establishes citizens' rights and obligations against the authorities. It is a part of the public law, which deals with the organization, the tasks and the acting of the public administration. It also contains rules, regulations, orders and decisions created by and related to administrative agencies, such as federal agencies, federal state authorities, urban administrations, but also admission offices and fiscal authorities etc. Administrative law in Germany follows three basic principles. The Verwaltungsverfahrensgesetz VwVfG, which was enacted in 1977, regulates the main administrative procedures of the federal government. It serves the purpose to ensure a treatment in accordance with the rule of law by the public authority.