The Resurgence of Standing in Judicial Review.

It is now commonplace for courts to remark that standing to seek judicial review is 'context-sensitive'. The questions of how the courts adapt standing to context, and whether they do so appropriately, have, however, received remarkably little scholarly and judicial attention. This is perhaps because, until recently, there has been relatively little in the case law to spark scholarly interest. Standing, however, is in the midst of a resurgence. This article makes use of a distinction between three types of judicial review case-challenges to (i) favourable targeted, (ii) unfavourable targeted and (iii) non-targeted decisions-as a mode through which to explore the growing body of standing case law. In doing so, it both seeks to further understanding of how courts determine what constitutes a 'sufficient interest' and to highlight areas of the law in need of clarification or reconsideration.

Church Against State: How Industry Groups Lead the Religious Liberty Assault on Civil Rights, Healthcare Policy, and the Administrative State.

Industry-funded religious liberty legal groups have sought to undermine healthcare policy and law while simultaneously attacking the rights of sexual and gender minorities. Whereas past scholarship has tracked religiously-affiliated healthcare providers' growing political power and attendant transformations to legal doctrine, our account emphasizes the political donors and visionaries who have leveraged religious providers and the U.S. healthcare system's delegated structure to transform social policy and bureaucratic agencies more generally.

Effect of the civil law severability doctrine on administrative contract Theory: A study of French and Egyptian laws.

This article investigates the application of the civil law severability doctrine in administrative law through an in-depth analysis of the French and Egyptian legal systems. Recognising the increasing complexity of administrative contracts and disputes, this study explores how administrative judges integrate the severability doctrine of civil law into their judgements. Specifically, it investigates whether and how this integration occurs and the balance that judges maintain between adhering to administrative law's independence and applying civil law principles. This article particularly notes the consistent application of this doctrine in the examined jurisdictions of France and Egypt. Despite minor variations, the fundamental approach to the severability doctrine remains largely uniform across these two legal systems. By presenting detailed case studies from France and Egypt, this study fills a notable gap in the current literature by offering valuable insights for countries where administrative law is still evolving, by showing how civil law doctrines can be incorporated. This approach not only bridges a knowledge gap but also sheds light on the interaction between civil and administrative laws, paving the way for similar interdisciplinary legal studies.

Study on the effect of personal radiological protective equipment used in diagnostic radiology / 中华放射医学与防护杂志

Objective:To study the actual effect of the use of personal protective equipment of the examined individuals, and provide reference and basis for the correct use of personal protective equipment and the radiological health administrative law enforcement.Methods:From February to June 2022, the imaging department of Qingdao Municipal Hospital selected 170 patients who underwent X-ray imaging examination (oral panoramic, dental radiography, DR photography, CT scanning), including 25 with oral panoramic and dental radiography, 60 with CT scanning and 60 with DR imaging. The thermoluminescent dosimeter was used to detect the ambient dose equivalent at the point of concern for 170 examined individuals who have used personal protective equipment to cover their sensitive parts, and to analyze the data detected at the same point as above when routinely using the same equipment.Results:There was a statistically significant difference in the dose equivalent at the same points inside and outside the lead neckband ( t=-2.23, P<0.05). There was no statistically significant difference in the dose equivalent at the same point inside and outside the lead collar during dental radiography ( P>0.05). During DR photography (chest PA, lateral and lumbar AP), the examined individuals were wearing lead aprons. Among them, there was a statistically significant difference in the dose equivalent at the same points inside and outside the lead aprons of children′s chest PA and adults′ chest PA ( U=10.00, 19.00, P<0.05). There was no statistically significant difference in the dose equivalent at the same points inside and outside the lead aprons of adult′s chest PA and lumbar AP ( P>0.05). When performing CT scan (chest or upper abdomen), there was a statistically significant difference in the dose equivalent at the same points of wrapped lead aprons( U=878.50, 11.00, P<0.05). Conclusions:The correct use of personal protective equipment is a complex technical problem. It is very important to fully and accurately understand the optimization principle of radiation protection and correctly use personal protective equipment for the examined individuals. The administrative punishment of radiation health on the use of personal protective equipment of the examined individuals should be cautious.

Identifying untapped legal capacity to promote multi-level and cross-sectoral coordination of natural resource governance.

Natural resource governance in the face of climate change represents one of the seminal challenges of the Anthropocene. A number of innovative approaches have been developed in, among others, the fields of ecology, governance, and sustainability sciences for managing uncertainty and scarcity through a coordinated approach to natural resource governance. However, the absence of an enabling legal and regulatory framework has been identified in the literature as one of the primary barriers constraining the formal operationalization of these governance approaches. In this paper, we show how these approaches provide tools for analyzing procedural mandates across governmental levels and sectors in the natural resource governance space. We also find that there has been inadequate consideration of the potential in existing laws and regulations for cross-sectoral and multi-level coordination of natural resource governance. On this basis, we develop and apply a protocol that draws on the traditional legal method of doctrinal analysis to demonstrate how to identify existing, untapped legal capacity to promote coordinated governance of natural resources through an in-depth case study of water resources in South Africa. We then show how these untapped capacities within existing legal structures may be operationalized to improve natural resource governance. Further, this protocol is portable to other countries, provinces (states), and localities around the world.

Future-Proof Regulation against the Test of Time: The Evolution of European Telecommunications Regulation.

Regulation is sometimes designed to be future-proof, so that it can adapt to changing economic and technological realities. The EU (and UK) Regulatory Framework for electronic communications was expressly crafted to be able to adjust to the evolution of the industry. This article considers how well the regime has stood the test of time and, based on this analysis, what lessons can be drawn for regulation more generally. It appears that, by and large, the Framework has effectively accompanied the transformation of telecommunications in Europe. On the other hand, the EU legislature's commitment to future-proof intervention has waned over time. Every new review of the regime has represented a move away from the philosophy and mechanisms conceived to ensure that regulation would adapt seamlessly to industry shifts. This experience suggests that the failure or success of future-proof intervention primarily hinges on the intertemporal consistency of legislatures.

Maintenance and Welfare of Parents and Senior Citizens Act 2007: A Critical Appraisal.

BACKGROUND: The sociocultural changes associated with globalization and development have weakened the traditional values and family support systems for senior citizens (age 60 years and above). There is an increase in the prevalence of elder abuse and difficulties in getting appropriate care and support. This has mandated legal measures to protect the rights of the senior citizens and provide them care and support by the family and other stakeholders. Consequent to being the signatory for the "Madrid International Plan of Action on Ageing, 2002," several countries, including India, have introduced legislation for the social protection of senior citizens. "The Maintenance and Welfare of Parents and Senior Citizens(MWP) Act, 2007" is an important legislation in India to safeguard the elderly from exploitation and abuse. METHODS: This article critically evaluates the implementation of the MWP Act, 2007, and the related challenges in protecting senior citizens from abuse. The article will also highlight the proposed amendments in the Act to strengthen the effective implementation of legal protection for senior citizens and ensure their well-being and dignity. CONCLUSIONS: The MWP act is an important legal measure to ensure mainatinence and welfare of senior citizens and protect them from abuse and neglect. There is an immediate need to incorporate the necessary amendments so that the act gets more pragmatic value and becomes and important tool for elderly care and protection and reduce vulnerabilities and ensure holistic care with support in various bio-psycho-social domains.

Conflito de competência entre órgãos da saúde e da agricultura na inspeção e fiscalização de açougues no Estado de São Paulo / Conflict of jurisdiction between health and agriculture agencies in the inspection and supervision of butcheries in the state of Sao Paulo

O presente artigo abordou o conflito de competência existente entre os órgãos da saúde e da agricultura no tocante à inspeção e fiscalização de açougues no estado de São Paulo, com a apresentação dos elementos responsáveis por esse conflito, as atividades rotineiras nas quais ele se torna perceptível, seus efeitos e as soluções possíveis para que seja eliminado. Foram realizadas revisão bibliográfica e pesquisa da legislação existente sobre o assunto, além de levantamento jurisprudencial no Tribunal de Justiça do Estado de São Paulo. A análise do assunto permitiu concluir que o conflito existe devido à ausência de definições e delimitações legais para as atividades desempenhadas por estabelecimentos fiscalizados por órgãos da saúde e da agricultura. Os principais prejudicados são as autoridades sanitárias, que, atuando sob insegurança jurídica, têm sua atividade suscetível a questionamentos. A própria população sofre consequências diretas desse conflito, na medida em que as garantias constitucionais ao adequado processo fiscalizatório não são observadas. A solução envolve medidas como a criação de legislações infraconstitucionais que estabeleçam limites entre as atividades de açougues e de entrepostos e a reorganização das normas infraconstitucionais já existentes; a alteração da composição do Sistema Único de Saúde, permitindo um trabalho colaborativo entre os ministérios da Saúde e da Agricultura, além de delimitação de atribuições e responsabilidades próprias de cada órgão; a criação de serviços de inspeção municipal em todos municípios; e a incorporação de parte da atividade desempenhada pelo Ministério da Agricultura, Pecuária e Abastecimento à Agência Nacional de Vigilância Sanitária.

This article addressed the existing conflict of jurisdiction between health and agriculture agencies regarding the inspection and supervision of butcheries in the state of São Paulo, with the presentation of the elements responsible for this conflict, the routine activities in which it becomes noticeable, its effects and the possible solutions for its elimination. Bibliographic review and research of existing legislation on the subject were carried out, as well as a jurisprudential survey at the Court of Justice of the State of São Paulo. It was possible to conclude that the conflict exists due to the absence of legal definitions and delimitations for the activities performed by establishments supervised by health and agriculture agencies. The main victims are the health authorities who, acting under legal uncertainty, have their activity susceptible to questions. The population itself suffers direct consequences from this conflict, insofar as the constitutional guarantees to the appropriate supervisory process are not observed. The solution involves measures such as the creation of infraconstitutional laws that establish limits between the activities of butcheries and warehouses and the reorganization of existing infraconstitutional norms; the change in the composition of the Brazilian Unified Health System, allowing collaborative work between the Ministries of Health and Agriculture, as well as the delimitation of the duties and responsibilities of each agency; the creation of municipal inspection services in all municipalities; and the incorporation of part of the activity performed by the Ministry of Agriculture, Livestock and Food Supply to the National Health Surveillance Agency.

Vaccination hesitancy and the "myth" on mRNA-based vaccines in Italy in the COVID-19 era: Does urgency meet major safety criteria?

Coronavirus disease 2019 (COVID-19) vaccination campaign in Italy has started with a huge perplexity about vaccine efficacy, vaccine-borne adverse effects and vaccine clinical trial studies. In this commentary I tried to elucidate these issues, which represent a fundamental topic to be thoroughly addressed in COVID-19 pandemic.

Unfreezing unspent social special-purpose funds for the Covid-19 crisis: Critical reflections from India.

In India, the government launched a US$22.6 billion financial support package for the poor and marginalized as a result of Covid-19. Approximately US$ 4.2 billion (INR 310 billion) came from a vast pile of unspent social special-purpose funds. How and why did such a large volume of funds accumulate in the first place, and why did it take a public health emergency to release them? What might be the consequences of their use under such emergency conditions - especially for our understanding of governance and accountability in social welfare provision? This paper presents a brief analysis of two preliminary case studies of specific social special-purpose funds in India. We rely on a handful of unstructured interviews and informal discussions with subnational government officials, civil society actors, trade union representatives, and local community leaders that began in January 2020, and which were pursued virtually following the lockdown. This is bolstered by analysis of primary documents, including Comptroller and Auditor General of India (CAG) reports, relevant laws, and contemporary press coverage. We argue that non-disbursement should be understood as a institutional matter, and not only as technical or implementation failure. Moreover, as such funds are likely to mushroom following Covid-19, our findings suggest that policymakers should focus on the institutional design, decision-making and accountability structures for the flow and distribution of Covid funds, rather than merely emphasising their collection.

Guidance on Prescription of Homeopathic Treatments: Ramifications of a Failed Administrative Law Challenge.

In R (on the application of British Homeopathic Association) v National Health Service Commissioning Board [2018] EWHC 1359 (Admin) Supperstone J of the High Court of England and Wales delivered an internationally significant judgment on the processes required to be engaged in when guidance is given to medical practitioners about their involvement in homeopathic prescribing. This column explores the bases upon which the challenge by the British Homeopathic Association was lost and the repercussions of the judgment for the practice of non-evidence-based modalities, such as homeopathy.

Policy and Governance Perspectives for Regulation of Genome Edited Crops in the United States.

Genome editing for crop improvement lies at the leading edge of disruptive bioengineering technologies that will challenge existing regulatory paradigms for products of biotechnology and which will elicit widespread public interest. Regulation of products of biotechnology through the US Coordinated Framework for Biotechnology is predicated on requiring burden of proof that regulation is warranted. Although driven by considerations of newly emerging processes for product development, regulation has, for the most part, focused on characteristics of the biotechnology product itself and not the process used for its development per se. This standard of evidence and product focus has been maintained to date in regulatory considerations of genome edited crops. Those genome edited crops lacking recombinant DNA (rDNA) in the product intended for environmental release, lacking plant pest or pesticidal activity, or showing no food safety attributes different from those of traditionally bred crops are not deemed subject to regulatory evaluation. Regardless, societal uncertainties regarding genome editing are leading regulators to seek ways whereby these uncertainties may be addressed through redefinition of those products of biotechnology that may be subject to regulatory assessments. Within US law prior statutory history, language and regulatory action have significant influence on decision making; therefore, the administrative law and jurisprudence underlying the current Coordinated Framework strongly inform policy and governance when considering new plant breeding technologies such as genome editing.

Litigation and political transformation: the case of Russia.

This article analyzes some recent developments in the system of public law in the Russian Federation, focusing in particular on changing patterns of litigation and increases in use of administrative law, linked to new acts of legislation. It argues that discussion of the Russian case provides a sociological perspective in which we can understand the importance of legal actions in hybrid polities. It explains that litigation in Russia, even where it may have counter-systemic outcomes, is partly incentivized by the government, as promotion of access to law is seen as a means to formalize interactions between citizens and government and so to extend the societal penetration of the political system more generally. Litigation thus forms a mode of practice that, dialectically, possesses both inner- and counter-systemic status. In addition, the article argues that the case of Russia allows us to comprehend litigation as an element in processes of nation building and social integration more widely, and Russia illuminates the systemic significance of litigation in other societies.

The role of law in adaptive governance.

The term "governance" encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for analysis of barriers to adaptation as the effects of climate change are felt. Adaptive governance must therefore contemplate a level of flexibility and evolution in governmental action beyond that currently found in the heavily administrative governments of many democracies. Nevertheless, over time, law itself has proven highly adaptive in western systems of government, evolving to address and even facilitate the emergence of new social norms (such as the rights of women and minorities) or to provide remedies for emerging problems (such as pollution). Thus, there is no question that law can adapt, evolve, and be reformed to make room for adaptive governance. In doing this, not only may barriers be removed, but law may be adjusted to facilitate adaptive governance and to aid in institutionalizing new and emerging approaches to governance. The key is to do so in a way that also enhances legitimacy, accountability, and justice, or else such reforms will never be adopted by democratic societies, or if adopted, will destabilize those societies. By identifying those aspects of the frameworks for adaptive governance reviewed in the introduction to this special feature relevant to the legal system, we present guidelines for evaluating the role of law in environmental governance to identify the ways in which law can be used, adapted, and reformed to facilitate adaptive governance and to do so in a way that enhances the legitimacy of governmental action.

Los estudios de policía en Latinoamérica. Algunas limitaciones teóricas y metodológicas en su abordaje como objeto directo / Police studies in Latin America. Some theoretical and methodological limitations in their approach a direct target / Os estudos da polícia em América Latina. Algumas limitações teóricas e metodológicas na sua abordagem como o objeto direto

El artículo responde a la pregunta: ¿Por qué son tan pocos los estudios sobre los cuerpos de policía en Latinoamérica? Este déficit histórico en parte se debe a que los estudios sobre la policía se han ligado por la academia latinoamericana a la teoría del Estado de clase, al derecho administrativo, a los estudios de las Fuerzas Militares y más recientemente al neoinstitucionalismo; sumado a ello, a la ausencia de interés de las mismas instituciones policiales por realizar estudios sociales. El objetivo principal fue realizar un estado del arte sobre los estudios de policía en Latinoamérica. En conclusión, se señala que la policía no se ha estudiado como un objeto autónomo. Tan solo desde la década de los 90 del siglo XX, bajo el contexto de las transiciones democráticas, existe un renovado interés por estudiar a los cuerpos de policía

This article answers the question "why so few studies on police forces are available in Latin America?" This historical deficit is due to the fact that the Latin American Academy has linked this kind of works to the theory of class status, administrative law, the Military Forces' studies and, most recently, neoinstitutionalism, this added to the police institutions' own lack of interest in carrying out social researches. The main objective was to analyze the state of the art in police studies in Latin America. The conclusion has been that Police has not been examined as an autonomous object. Only in the 20th century, starting in the decade of the nineties, there has been a purpose and a renewed interest in learning and delving into police forces

O artigo responde à pergunta: Por que os estudos sobre os corpos da polícia em América Latina são apenas poucos? Este deficit histórico deve-se, em parte, ao fato que os estudos sobre a polícia estão ligados, pela acadêmia latino-americana, à teoria do Estado da classe, o direito administrativa, aos estudos das Forças Militares e recentemente ao neo-institucionalismo; adicionado a isso, a ausência do interesse das mesmas instituições das polícias para fazer estudos sociais. O objetivo principal era fazer um estado da arte sobre os estudos da polícia em América Latina. A concluir, assinala-se que a polícia não é estudado como um objeto autônomo. Somente da década dos 90 do século XX um interesse renovado existe para estudar os corpos da polícia

Direito e saúde mental de pessoas físicas e jurídicas / Law and mental health to person individual and companies

O objetivo do presente trabalho foi levar ao conhecimento da comunidade científica uma revisão bibliográfica percebida ao longo da carreira acadêmica de um dos autores onde a personalidade física presente em coordenadores de alguns cursos de especialização em Odontologia é transmitida à personalidade jurídica tanto em instituições públicas quanto em privadas. A Legislação vigente, diferenças de personalidades físicas e jurídicas, transtornos mentais e de personalidade são explicitados, além de se projetar algumas possibilidades de acometimentos na medicação, os autores também questionaram a o fechamento de hospitais. Foi usada metodologia exploratória, através de palavras-chave no portal Capes e Scielo, com os descritores: Direito Administrativo ? Saúde Mental ? Ensino Odontológico ? Políticas públicas de saúde; além de revistas e jornais virtuais. Concluiu-se que a falta de conhecimento em direito por parte dos docentes prejudica o processo de ensino e aprendizagem dos alunos. Existe, em alguns casos, o descaso contratual, pela falta de dissociação pessoal e institucional onde docentes e discentes se inserem, podendo este ser repassado num processo cíclico onde aprendidos e ensinados podem fazer parte de um sistema imutável. Existe a necessidade da revisão dos valores na metodologia de ensino odontológico para que transtornos de personalidade física não sejam perpetuados em pessoas jurídicas e assim não haja prejuízo e judicialização de ações por parte dos que têm noção de diretos e deveres como regras básicas de convívio social

The aim of this study was to inform the scientific community through literature review, along the academic career of one of the authors where physical personality of some coordinated specialization courses of dentistry is transmitted to the legal personality, both in public and private institutions. The current legislation, differences in physical and legal personalities, mental and personality disorders are explained, in addition to design some bouts of possibilities in medication, the authors also questioned the closure of hospitals. An exploratory methodology was used through key words in the CAPES and Scielo website, with the following keywords: Administrative Law ? Mental Health ? Dental Education ? Public health policies; as well as magazines and online newspapers. It concludes that the lack of knowledge in law by teachers, weaken the teaching and learning process of students, there are in some cases, the contractual carelessness and lack of differentiation personal and institutional where teachers and students are engaged. This may being passed in a cyclic process where learned and taught may be part of an unchanging system. There is the need to review the values in dental teaching methodology for those personality disorders do not perpetuate in persons and corporations, that there may prejudice those who has the notion of law and duties as basic rules of social life

King v. Burwell: Desperately Seeking Ambiguity in Clear Statutory Text.

Does the Patient Protection and Affordable Care Act (ACA) of 2010 authorize tax credits within the thirty-six states that failed to establish health insurance exchanges? That is the question presented in Pruitt v. Burwell, Halbig v. Burwell, King v. Burwell, and Indiana v. IRS. The plaintiffs argue that the statute is clear and forecloses any possibility of tax credits in federal exchanges. The government argues that the statute plainly authorizes tax credits in federal exchanges, or is at least ambiguous on the question. Mere disagreement is not evidence of ambiguity. Reaching the truth requires wading deep into each side's arguments. Whether the relevant text is viewed in isolation or in its full statutory context, the ACA authorizes tax credits only in exchanges established by the states.

Overview of the British pharmaceutical standard-setting system / 中国卫生政策研究

The paper presents a detailed review of British pharmaceutical standards including British Pharma-copoeia, European Pharmacopoeia, British Approved Names, Reference Standards and Non-Statutory Pharmaceutical Standards. British pharmaceutical standards are established by the British Pharmacopoeia Commission, Expert Advi-sory Groups, Panels of Experts and Working Parties, British Pharmacopoeia Commission Secretariat, British Pharma-copoeia Laboratory, and standard-setting procedures are clear and definite. British Pharmacopoeia standards are le-gally binding, and pharmaceutical products sold in the United Kingdom must comply with pharmacopoeia require-ments. British pharmaceutical standards can serve as an important reference for reforms to China’s pharmaceutical standards, including the scientific management of pharmaceutical standards, the improvement of organizational frame-works in the establishment pharmaceutical standards, the promptness of amendments to pharmacopoeia, and the uni-versality of international exchanges.

El garantismo en el marco del derecho administrativo sancionado / The protection of civil liberties in the frame of the sanctioned administrative law

El presente artículo pretende evidenciar las estrechas relaciones que existen entre el Estado de Derecho y las garantías encaminadas a la protección de los derechos fundamentales de las personas,sobre todo, cuando de ejercer el poder punitivo del Estado se trata en procura del interés general, pero con la necesaria referencia de los límites estrictos al ejercicio del poder, para evitar desembocar en la arbitrariedad y el abuso característicos de los sistemas totalitarios, en los cuales se aminora el valor del hombre y se atenta contra la dignidad humana.En ese escenario se propone una tesis que propugne por la reivindicación y garantía de los derechos fundamentales y sobre todo, por la dignidad del hombre, así se encuentre sometido éste en un momento dado de su vida,bajo el sistema punitivo del Estado, circunstancia en la cual mayor protección requiere.

This article aims at making clear the deep relationship between the State of Law and the guarantees to protect the fundamental rights of the people, especially, when it comes to exert the punitive power of the State in search of the general interest, but with the necessary reference of the strict boundaries to the exercise of power, in order to avoid resulting inarbitrariness and the abuse which arecharacteristic of the totalitarian system, where the value of man is reduced and an outrageous act against human dignity is committed. That is why a thesis advocating for the vindication and guarantee of the fundamental rights is proposed, above all, by the dignity of man, although he is subject to the punitive system ofthe State, this is the right time of his or her life when he or she requires protection.

Discussion of food safety law from the viewpoint of food sanitation law enforcement / 中华医学教育探索杂志

Food Sanitation Law which was issued for many years has no longer been congruent with the current development of socio-economy. Under this situation,Food Safety Law came into being. Although the promulgation of the law is important,the task of carrying out the law is more difficult. On the basis of concluding the problems in carrying out the food sanitation law and the analysis of its causes,it is significant to discuss the Food Safety Law from the viewpoint of Food Sanitation Law enforcement.