Misplaced Pages

County judge

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

The term county judge is applied as a descriptor, sometimes as a title, for a person who presides over a county court . In most cases, such as in Northern Ireland and the Victorian County Courts , a county judge is a judicial officer with civil or criminal jurisdiction. In the United States, however, there are some "County Courts" which exercise primarily administrative functions, in which case the County Judge may exercise largely or solely executive authority and be equivalent to the county executive in other local government areas.

#176823

80-537: County Court systems are common in the United States, often led by a County Judge, but with jurisdiction varying between the states, and in many cases carry a mix of administrative law functions and executive responsibilities for governing the county. In Missouri, for example, the County Court deals largely with property registration and deeds as well as leading the county – in 1922, Harry S. Truman

160-430: A county is the legislative body of that county. The chief executive officer of each county is the county judge, who sits on the quorum court primarily as a moderator but enjoys the power of veto . The county judge is in charge of the county road system, and can fill in for circuit court judges in their absence. Each quorum court is elected from single-member districts, with the number of commissioners (called justices of

240-405: A "court of record" (section 15) with "jurisdiction as provided by law" (section 16), which is exclusive over "Class A" and "Class B" misdemeanors (offenses that can involve jail time), concurrent over civil cases concerning small to moderate amounts, and with appellate jurisdiction over justice of the peace and district / municipal court cases (involving a trial de novo if the lower court is not

320-485: A "court of record"). An elected County Judge shall preside over the County Court for a four-year term (section 15) and have "judicial functions as provided by law," who may be replaced in cases of judicial disqualification or recusal (section 16). Juries in criminal trials "shall consist of six persons; but no jury shall be empaneled to try a civil case unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may be prescribed by law, unless

400-560: A caseload well beyond the capabilities of a single person, the Texas Legislature has created County Courts-at-law where only qualified lawyers may preside, to which many of the judicial responsibilities of the County Judge have been transferred. Individual counties are free to strip the County Judge of all judicial responsibilities, but this has not occurred in most places; County Judges undertaking judicial activities draw

480-507: A commissioners' or quorum Court are legislative. Although referred to as courts, they generally exercise only limited judicial powers in Texas and Missouri and none in Arkansas. Those judicial powers in Texas and Missouri include the ability to compel testimony under oath, the ability to issue citations for contempt, and the ability to make findings of fact. In Arkansas the quorum court of

560-452: A decision, the Court will only look at the method in which the decision was arrived at, whereas in an administrative appeal the correctness of the decision itself will be examined, usually by a higher body in the agency. This difference is vital in appreciating administrative law in common law countries. The scope of judicial review may be limited to certain questions of fairness , or whether

640-542: A discipline. Generally speaking, most countries that follow the principles of common law have developed procedures for judicial review that limit the reviewability of decisions made by administrative law bodies. Often these procedures are coupled with legislation or other common law doctrines that establish standards for proper rulemaking . Administrative law may also apply to review of decisions of so-called semi-public bodies, such as non-profit corporations , disciplinary boards, and other decision-making bodies that affect

720-593: A rotation system. The three regulations have been amended and upgraded into laws. In 1994, the State Compensation Law (国家赔偿法) was passed, followed by the Administrative Penalties Law (行政处罚法) in 1996. Administrative Compulsory Law was enforced in 2012. The General Administrative Procedure Law is underway. In France, there is a dual jurisdictional system with the judiciary branch responsible for civil law and criminal law , and

800-667: A rule apply procedural rules that are specifically designed for such cases and distinct from those applied in private law proceedings, such as contract or tort claims. In Brazil, administrative cases are typically heard either by the Federal Courts (in matters concerning the Federal Union) or by the Public Treasury divisions of State Courts (in matters concerning the States). In 1998 a constitutional reform led by

880-437: A special meeting. Legal precedent also provides that no action taken by the court may bind the county beyond the term of the court. In addition to their roles on the court, the county judge, county commissioners and county clerk each have independent roles to play within county government. The county judge serves as the chief administrator of the county, and as the presiding judge for justice and county courts. In some counties,

SECTION 10

#1732772625177

960-574: A state-by-state basis in response to local needs and so there is little uniformity between states, and even within states at times (differing interactions of rural and urban / municipal jurisdictions with each other and with the state government, for example). Tennessee and Oregon both have County Courts which are executive agencies, and which thus carry responsibility for funding local courts, jails, and Sheriff's departments, maintaining county roads, managing local property developments, and levying county-wide property taxes. In other areas, this body

1040-663: A supplemental salary, and in 2011 the Houston Chronicle reported that 85% of counties had judges drawing this stipend. The judicial education officer at the Texas Association of Counties, David Hodges, has noted that the rate of cases being overturned is higher for both the County Courts-at-law and for District Court judges than it is for County Judges. Some County Judges view the County Courts-at-law as supplements to, rather than replacements of,

1120-574: A supranational or international public administration, as in the environmental sector or with reference to education, for which, within the United Nations ' system, it has been possible to assist to a further increase of administrative structure devoted to coordinate the States' activity in that sector. Unlike most common law jurisdictions, most civil law jurisdictions have specialized courts or sections to deal with administrative cases that as

1200-431: Is a division of law governing the activities of executive branch agencies of government. Administrative law includes executive branch rule making (executive branch rules are generally referred to as "regulations"), adjudication, and the enforcement of laws. Administrative law is considered a branch of public law . Administrative law deals with the decision-making of such administrative units of government that are part of

1280-605: Is available only if the law on which the primary decision is based specifically provides for it. An example involves objecting to a traffic ticket with the district attorney ( officier van justitie ), after which the decision can be appealed in court. Unlike France or Germany, there are no special administrative courts of first instance in the Netherlands, but regular courts have an administrative "chamber" which specializes in administrative appeals. The courts of appeal in administrative cases however are specialized depending on

1360-554: Is however also a single General Administrative Law Act ( Algemene wet bestuursrecht or Awb), which is a rather good sample of procedural laws in Europe. It applies both to the making of administrative decisions and the judicial review of these decisions in courts. Another act about judicial procedures in general is the Algemene termijnenwet (General time provisions act), with general provisions about time schedules in procedures. On

1440-618: Is needed because state administrative law in the states is not uniform, and there are a variety of approaches used in the various states. Later it was modified in 1961 and 1981. The present version is the 2010 Model State Administrative Procedure Act ( MSAPA ) which maintains the continuity with earlier ones. The reason of the revision is that, in the past two decades state legislatures, dissatisfied with agency rule-making and adjudication, have enacted statutes that modify administrative adjudication and rule-making procedure. The American Bar Association 's official journal concerning administrative law

1520-557: Is often called a County Commission . In Kentucky , each county has the similarly-titled elected office of County Judge/Executive , who serves as the chief executive officer for the vast majority of counties. In Texas, the County Courts have original jurisdiction established under sections 15 to 17 of Article V of the State Constitution . Each of Texas's 254 counties has a single County Court, which shall be

1600-468: Is the Verwaltungsakt (administrative ordinance). Pursuant to VwVfG § 35, an administrative ordinance exists where: a public authority (1) issues any decree, decision, or other official measure (2), in a matter of public law (3), with immediate legal effects outside the administration (4), to put in place a rule for an individual case (5). German legal scholarship traditionally organizes

1680-551: Is the Administrative Law Review , a quarterly publication that is managed and edited by students at the Washington College of Law . Stephen Breyer , a U.S. Supreme Court Justice from 1994 to 2022, divides the history of administrative law in the United States into six discrete periods, in his book, Administrative Law & Regulatory Policy (3d Ed., 1992): The agricultural sector is one of

SECTION 20

#1732772625177

1760-399: Is used to filter cases before going to court. Sometimes, instead of bezwaar , a different system is used called administratief beroep (administrative appeal). The difference with bezwaar is that administratief beroep is filed with a different administrative body, usually a higher ranking one, than the administrative body that made the primary decision. Administratief beroep

1840-576: The Rechtsstaat ( rule of law ) that pervade administration ‒ mostly developed before the adoption of the modern 1949 Constitution, but strengthened and expanded after its advent by their the new conceptual foundation ‒ include: The vast majority of public administration in Germany is performed by its component federal entities ( German : (Bundes-)Länder ), which are responsible for the execution both of federal laws and their own laws (execution of

1920-487: The Administrative Procedure Act ( APA ) in 1946. Many of the independent agencies operate as miniature versions of the tripartite federal government, with the authority to "legislate" (through rulemaking ; see Federal Register and Code of Federal Regulations ), "adjudicate" (through administrative hearings), and to "execute" administrative goals (through agency enforcement personnel). Because

2000-658: The Environmental Protection Agency play a significant regulatory role as well. Commissioners%27 Court Commissioners' court , or in Arkansas a quorum court , is the governing body of county government in three US states : Arkansas , Texas and Missouri . It is similar in function to a board of county commissioners . A similar system was in place in the Wisconsin Territory before statehood. The principal functions of

2080-617: The President of the Republic exercises the administrative function, in collaboration with several ministries or other authorities with ministerial rank . Each ministry has one or more under-secretaries that act through public service to meet public needs. There is no single specialized court to deal with actions against the administrative entities, but there are several specialized courts and procedures of review. Administrative law in China

2160-461: The Supreme Court of India , has also recognized two more grounds of judicial review which were recognized but not applied by English Courts, namely legitimate expectation and proportionality . The powers to review administrative decisions are usually established by statute, but were originally developed from the royal prerogative writs of English law , such as the writ of mandamus and

2240-685: The United States Constitution sets no limits on this tripartite authority of administrative agencies , Congress enacted the APA to establish fair administrative law procedures to comply with the constitutional requirements of due process . Agency procedures are drawn from four sources of authority: the APA, organic statutes, agency rules, and informal agency practice. It is important to note, though, that agencies can only act within their congressionally delegated authority, and must comply with

2320-492: The judicial or legislative branches . In the federal government , the executive branch, led by the president, controls the federal executive departments , which are led by secretaries who are members of the United States Cabinet . The many independent agencies of the United States government created by statutes enacted by Congress exist outside of the federal executive departments but are still part of

2400-817: The tribunaux administratifs and appeal courts are the cours administratives d'appel . Special administrative courts include the National Court of Asylum Right as well as military, medical and judicial disciplinary bodies. The French body of administrative law is called " droit administratif ". Over the course of their history, France's administrative courts have developed an extensive and coherent case law ( jurisprudence constante ) and legal doctrine ( principes généraux du droit  [ fr ] and principes fondamentaux reconnus par les lois de la République  [ fr ] ), often before similar concepts were enshrined in constitutional and legal texts. These principes include: French administrative law,

2480-556: The County Court's judicial functions and so choose to preside in some criminal matters. Each Texas County is presided over by a Commissioners' Court of four County Commissioners and the County Judge, plus the County Clerk as a non-voting ex officio member. Despite the terms "Court" and "Judge," the County Commissioners' Court has no judicial function, and although the County Judge presides over its meetings,

County judge - Misplaced Pages Continue

2560-476: The County Judge does not render judicial rulings. The Commissioners Court is just the title given in Texas to the county government, and County Judge the title given to the head of county government. This body is responsible for administration of the county, controlling the county tax rate, the budget for its responsible departments, and exercising oversight over subsidiary boards and commissions. The County Judge presides over meetings but has no veto power, Reviews and

2640-617: The administrative action is ultra vires . In terms of ultra vires actions in the broad sense, a reviewing court may set aside an administrative decision if it is unreasonable (under Canadian law, following the rejection of the "Patently Unreasonable" standard by the Supreme Court in Dunsmuir v New Brunswick ), Wednesbury unreasonable (under British law), or arbitrary and capricious (under U.S. Administrative Procedure Act and New York State law). Administrative law, as laid down by

2720-457: The administrative branch having jurisdiction when a government institution is involved. Most claims against the national or local governments as well as claims against private bodies providing public services are handled by administrative courts , which use the Conseil d'État (Council of State) as a court of last resort for both ordinary and special courts. The main administrative courts are

2800-423: The basis of continental administrative law, has had a strong influence on administrative laws in several other countries such as Belgium, Greece, Turkey and Tunisia. In Germany, administrative law ( German : Verwaltungsrecht ) includes all law that specifically governs the legal relationships between public authorities and private persons, and that is not more precisely described as constitutional law. It sets out

2880-493: The basis of the Awb, citizens can oppose a decision ( besluit ) made by an administrative agency ( bestuursorgaan ) within the administration and apply for judicial review in courts if unsuccessful. Before going to court, citizens must usually first object to the decision with the administrative body who made it. This is called bezwaar . This procedure allows for the administrative body to correct possible mistakes themselves and

2960-453: The body of German administration-related law into the following fields, each with its particular legal doctrines and written rules: The law governing the adjudication of questions of administrative law before the courts of general administrative jurisdiction ( German : Verwaltungsgerichte ) is the Code on Administrative Courts ( German : Verwaltungsgerichtsordnung , abbreviated VwGO), which

3040-503: The case, but most administrative appeals end up in the judicial section of the Council of State ( Raad van State ). In Sweden, there is a system of administrative courts that considers only administrative law cases, and is completely separate from the system of general courts. This system has three tiers, with 12 county administrative courts ( förvaltningsrätt ) as the first tier, four administrative courts of appeal ( kammarrätt ) as

3120-403: The county commissioner outside of the commissioners court tends to be quite substantial, while in urban counties, the delivery of county services is frequently consolidated in county-wide departments, with the bulk of a commissioner's time being devoted to the commissioners court. The commissioners are elected to staggered, four-year terms, with two taking office every other year, and are elected by

3200-412: The county judge exercises judicial functions as a probate and/or county court judge. Even in cases where county judges do not conduct judicial functions, they retain the power to conduct marriages and may also be called upon to conduct administrative hearings, such as those pertaining to liquor license applications. Additionally, the county judge is a statutory member of several important boards, including

3280-410: The county, or precinct, that is designed to be roughly equal in population to each of the other such areas. In addition to serving as voting members of the court, county commissioners are often charged with overseeing county roads and bridges within their precinct, and are sometimes also responsible for solid waste collection, parks and other services within the precinct. In rural counties, the role of

County judge - Misplaced Pages Continue

3360-502: The court constitute a quorum . The commissioners court operates similar to the "weak" mayor-council system ; the county judge has no veto power over the court and votes along with the other commissioners. Counties are constitutional subdivisions of the state. As a principal institution of county government, the court's role combines elements of judicial, legislative, and executive functions. Other institutions of county government include independent elected and appointed officials, such as

3440-430: The court is the power of the purse . Each year, the court adopts the county tax rate and the county budget, setting the salary and budget for independent elected officials, as well as outlining expenditures for departments under the direct control of the court. As the administrative head of county government, the court has the authority to enact county-wide policies, and to the extent provided by law, to enact legislation in

3520-487: The court makes decisions by simply majority and is quorate with three voting members (except for levying tax where four members are required). Consequently, a County Judge is primarily the chief administrator for the county, effectively the chief executive officer , who exercises only limited judicial functions (varying between counties), though retaining the authority to conduct marriages and to conduct administrative hearings. Administrative law Administrative law

3600-415: The courts of special administrative jurisdiction over tax disputes ( German : Finanzgerichte ) or over social benefits disputes ( German : Sozialgerichte ). In Italy administrative law is known as Diritto amministrativo , a branch of public law whose rules govern the organization of the public administration and the activities of the pursuit of the public interest of the public administration and

3680-460: The creation of rules with the force of law, which are usually thought of as legislative), would then be held to the standards of administrative law, and not another field of law. This discussion is of seen as being of particular importance when considering the role of administrative law in maintaining the division of government powers . For this purpose, a traditional approach tries negatively to define administration by subtracting those operations of

3760-450: The executive branch in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during the 20th century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In

3840-401: The executive branch. Congress has also created some special judicial bodies known as Article I tribunals to handle some areas of administrative law. The actions of executive agencies and independent agencies are the main focus of American administrative law. In response to the rapid creation of new independent agencies in the early twentieth century (see discussion below), Congress enacted

3920-404: The form of court orders. The court also exercises varying degrees of oversight over subsidiary county boards and commissioners, which may differ from county to county, but which commonly include drainage districts, irrigation districts, housing authorities and the like. In some instances, the court may also serve as the board of directors for these special districts or authorities, as well as fulfill

4000-411: The government of President Fernando Henrique Cardoso introduced regulatory agencies as a part of the executive branch. Since 1988, Brazilian administrative law has been strongly influenced by the judicial interpretations of the constitutional principles of public administration (Art. 37 of Federal Constitution): legality, impersonality, publicity of administrative acts, morality and efficiency. In Chile

4080-480: The juvenile board and the county election commission. Finally, the judge is designated by a long-standing executive order of the governor, pursuant to the Texas Disaster Act of 1974, as the executive officer for civil defense within the county. The county judge is elected county wide to a four-year term coinciding with the term of the governor. Each of the four county commissioners represents an area of

SECTION 50

#1732772625177

4160-442: The last fifty years, administrative law, in many countries of the civil law tradition, has opened itself to the influence of rules posed by supranational legal orders, in which judicial principles have a strong importance: it has led, for one, to changes in some traditional concepts of the administrative law model, as has happened with the public procurements or with judicial control of administrative activity and, for another, has built

4240-759: The laws directly by authorities of the Federal Republic being the exceptional case, as established by artt. 83 et seqq. of the Constitution). German legal scholarship does not have an agreed-upon definition for public administration. In one sense, administration – more precisely, everything that is subject to administrative law – is conceptualized as being all state activity of a certain type (material definition of public administration). This approach leads to disputes about whether to treat acts of public authority as acts of administration (and therefore executive) even when they are performed by component parts of

4320-516: The legal forms and principles common to most fields of its public administration is the Law on Administrative Procedure ( German : Verwaltungsverfahrensgesetz , abbreviated VwVfG); before the enactment of this law in 1977, these rules had only been general principles developed in the scholarly literature and the courts. The VwVfG is not a full codification of the generally applicable ground rules of German administrative law, since it mostly only determines

4400-458: The legal rights of members of a particular group or entity. While administrative decision-making bodies are often controlled by larger governmental units, their decisions could be reviewed by a court of general jurisdiction under some principle of judicial review based upon due process (United States) or fundamental justice (Canada). Judicial review of administrative decisions is different from an administrative appeal. When sitting in review of

4480-596: The main administrative courts. The decisions of the administrative courts are checked by the Regional Administrative Courts and Council of State. Council of State as a court of last resort is exactly similar to Conseil d'État in France. Administrative law in Ukraine is a homogeneous legal substance isolated in a system of jurisprudence characterized as: (1) a branch of law; (2) a science; (3)

4560-476: The modern German state, whose legal culture emphasizes private persons' subjective rights (also, pursuant to art. 19 IV of the current German Constitution of 1949 , such rights must be fully justiciable). Final say on the interpretation of the law lies with the courts of administrative jurisdiction ( German : Verwaltungsgerichte ), and the law usually permits close judicial scrutiny of public authorities' exercise of discretion. Central legal principles of

4640-538: The most heavily regulated sectors in the U.S. economy, as it is regulated in various ways at the international, federal, state, and local levels. Consequently, administrative law is a significant component of the discipline of agricultural law . The United States Department of Agriculture and its myriad agencies such as the Agricultural Marketing Service are the primary sources of regulatory activity, although other administrative bodies such as

4720-410: The others, or been entirely convincing to scholars of German administrative law. Nevertheless, certain features may be seen as being characteristic of administration: According to Maurer and Waldhoff, administration is social engineering (exerting influence on the non-state, societal domain) (1), oriented towards some conception of the (ever-changing) public interest (2), that consists of taking action in

4800-528: The party makes affidavit that the party is unable to pay the jury fee" (section 17). Since the jurisdiction of County Courts and the judicial functions of the County Judge are both limited "by law" their extent is defined by legislative actions. County Judges do not require any formal qualifications in the discipline of law. Most are not qualified to practice law – in 2015, 42 of County Judges (17%) had graduated from Law school and only 40 (16%) were licensed to practice law . This can be problematic, but with

4880-403: The peace ) depending on the population of the county. The governing body of each of Texas 254 counties is the commissioners court. In Texas, the court has five members: the county judge and four commissioners. A sixth official, the county clerk , is an ex officio member of the court. In most instances, a simple majority of court members is sufficient to take action. Three voting members of

SECTION 60

#1732772625177

4960-638: The present, with a view to engineering the future (3), and that comprises concrete measures to regulate individual cases and to realize particular plans (4). Scholarly treatises of German administrative law are almost always split into two parts: doctrines and rules that can be found across-the-board ( allgemeines Verwaltungsrecht ); and doctrines and rules that exist only in certain parts of administrative law ( German : besonderes Verwaltungsrecht , lit.   'special administrative law') – e.g. police law, urban planning law, or local government law. Germany's principal piece of legislation concerning

5040-516: The procedure to be followed by public authorities in the fulfillment of their tasks, rather than mandating the substance of public administration. The VwVfG is a federal law that only applies to administration carried out by the German federal authorities. All 16 German Länder have, however, enacted a Law on Administrative Procedure of their own that is nearly word-for-word identical with the federal VwVfG. The standard form of administrative action

5120-410: The process for placing items on the agenda, and posting it, varies widely, with the task most often falling to the county judge, the county clerk, or a specially appointed court clerk. Additionally, state law provides that the court must designate its term, or the time, place, and interval at which it will sit, at the beginning of each fiscal year. Any meeting not held according to the term is considered

5200-586: The recently enacted Constitutional Procedure Act (憲法訴訟法) in 2019 (former Constitutional Interpretation Procedure Act, 1993 ), the Justices of the Constitutional Court of Judicial Yuan of Taiwan is in charge of judicial interpretation . As of 2019, this council has made 757 interpretations. In Turkey , the lawsuits against the acts and actions of the national or local governments and public bodies are handled by administrative courts which are

5280-560: The relationship between this and the citizens. Its genesis is related to the principle of division of powers of the State. The administrative power, originally called "executive", is to organize resources and people whose function is devolved to achieve the public interest objectives as defined by the law. In the Netherlands administrative law provisions are usually contained in the various laws about public services and regulations. There

5360-692: The requirements of the APA. At state level the first version of the Model State Administrative Procedure Act was promulgated and published in 1946 by the Uniform Law Commission (ULC), in which year the Federal Administrative Procedure Act was drafted. It is incorporated basic principles with only enough elaboration of detail to support essential features, therefore it is a "model", and not a "uniform", act. A model act

5440-444: The role of county school board. Each voting member of the court has one vote. The county judge serves as the presiding officer of the commissioners court, while the county clerk is charged with keeping the minutes of the court, and attesting any actions it make take. State law requires, except in cases of emergency, that an agenda of the items to be considered by the court be posted at least 72 hours prior to its meeting. Among counties,

5520-734: The second tier, and the Supreme Administrative Court of Sweden ( Högsta Förvaltningsdomstolen ) as the third tier. Migration cases are handled in a two-tier system, effectively within the system general administrative courts. Three of the administrative courts serve as migration courts ( migrationsdomstol ) with the Administrative Court of Appeal in Stockholm serving as the Migration Court of Appeal ( Migrationsöverdomstolen ). In Taiwan

5600-484: The sheriff, and independent boards, such as the board of judges. The Commissioners Courts in Texas are served and provided continued education by the County Judges and Commissioners Association events and the official association publication County Progress. In Texas, the relationship between institutions of county government is designed to be independent and adversarial. In this framework, the principal power of

5680-563: The state (that is to say, the government) that the law formally classifies as a legislative or a judicial body: For instance, the parliament may impose a fine on one of its members for misbehavior, or a presiding judge may direct a disruptive member of the public to be removed from the viewing gallery. The opposite approach – the formalist definition of public administration – begins its examination by considering all those public authorities intended (judging by their lawful charter, organizational context, internal structure, and performed tasks) to do

5760-421: The state which cannot be called administration, namely law-making and adjudication. Using this negative definition, though, requires law-making and adjudication to be defined first, and leaves some activities that are a poor fit for the term "administration", such as the cabinet government's political leadership decisions, within the bounds of the definition. Positive definitions abound, but none has won out over

5840-426: The tasks, aims and powers, as well as the organization and procedure, for all public authorities ( German : Behörden ). As a field of legal study, administrative law has been differentiated from other branches of public law since the late 19th century in Germany; the precise delimitations of "administration" as a concept, however, are in contention. Administrative law defines all aspects of public administration in

5920-460: The votes of the precinct represented. The county clerk is responsible for recording legal instruments, including birth certificates , marriage licenses , deeds and titles , and for keeping the records of county and justice courts. The county clerk is also a statutory member of certain boards and commissions, such as the elections commission, and may also serve in other capacities as provided by law or local practice. They are elected county-wide to

6000-416: The work of public administration, and equates their functioning with public administration. There is some danger of circular reasoning , since the formal categorization of the organizational unit may in turn derive from some material conception of its function. Some functions that might, in the material view, be seen as not of the executive type, and thus not as belonging to the field of administration (such as

6080-408: The writ of certiorari . In certain common law jurisdictions, such as India or Pakistan , the power to pass such writs is a Constitutionally guaranteed power. This power is seen as fundamental to the power of judicial review and an aspect of the independent judiciary . In the United States, many government agencies are organized under the executive branch of government, although a few are part of

6160-612: Was amended to lower the burdens on those challenging administrative actions. In 1990, the Administrative Supervision Regulations (行政检查条例) and the Administrative Reconsideration Regulations (行政复议条例) were passed. The 1993 State Civil Servant Provisional Regulations (国家公务员暂行条例) changed the way government officials were selected and promoted, requiring that they pass exams and yearly appraisals, and introducing

6240-551: Was elected as one of two County Judges for Jackson County, Missouri , becoming the county presiding judge in 1926, his two elected positions prior to entering the United States Senate . In states like New York, Massachusetts, and Pennsylvania, the County Courts conduct trials on misdemeanor , and even some felony , i. e. criminal matters. The blurring of executive and judicial functions has developed on

6320-509: Was enacted in 1960. Though the VwGO was not conceived as a full codification of court process for the courts of general administrative jurisdiction, and VwGO § 173 directs these courts to apply Germany's Code of Civil Procedure wherever the VwGO lacks special rules, proceedings before the courts of general administrative jurisdiction are mostly distinct from civil proceedings before the courts of general jurisdiction. The VwGO also does not apply to

6400-522: Was virtually non-existent before the economic reform era initiated by Deng Xiaoping . Since the 1980s China has constructed a new legal framework for administrative law, establishing control mechanisms for overseeing the bureaucracy, and disciplinary committees for the Chinese Communist Party . In 1989, China established its Administrative Litigation Law, which provides and avenue for people to challenge government action. In 2014, it

#176823