Misplaced Pages

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144-482: The phenomenon was relatively unknown in representative democracies before the end of the 1800s. Its sudden rise has generated considerable scholarship, writing, and study to understand its causes and effects, and to square it with previous notions of law and governance. The administrative state is created when legislative (law-making) bodies, like the U.S. Congress or the U.K. Parliament, delegate their lawmaking powers to administrative or private entities. Nondelegation

288-431: A bona fide manner, or if the action taken or decision made is irrelevant to the subject manner of the legislation or does not come within the power conferred on the authority. While a statutory clause will be inconsistent with section 75(v) if it purports to prevent the court from determining whether a Commonwealth officer has engaged "in unlawful or unauthorized conduct" or acted "on the basis that an invalid decision

432-541: A collegium dedicated to managing the streets, and had a centuriate assembly dedicated to them. The carnifex punished slaves and foreigners, unlike lictores who punished Romans. They were the tax collectors. The name coactor is derived from its latin meaning: "to compel, to force". SImilary to accensi, lictores were public officers tasked to assist magistrates since the times of the Roman kingdom (753 BC – 509 BC) or even earlier Etruscan times. The number of lictores

576-907: A competitive examination for the Central Superior Services of Pakistan and other civil-service posts; Pakistan inherited this system from the British Raj -era Indian Civil Service . Pakistan has federal civil servants serving in federal government offices, with staff selected through the Federal Public Service Commission. Similarly, Pakistani provinces select their own public servants through provincial Public Service Commissions. The federal services have some quota against provincial posts, while provincial services have some quota in federal services. The ROC constitution specifies that public servant cannot be employed without examination. The employment

720-783: A public servant or public employee , is a person employed in the public sector by a government department or agency for public sector undertakings. Civil servants work for central and state governments, and answer to the government, not a political party. The extent of civil servants of a state as part of the "civil service" varies from country to country. In the United Kingdom (UK), for instance, only Crown (national government) employees are referred to as "civil servants" whereas employees of local authorities (counties, cities and similar administrations) are generally referred to as "local government civil service officers", who are considered public servants but not civil servants. Thus, in

864-442: A 2010 lecture that ouster clauses may be inconsistent with Article 93 of the constitution , which vests judicial power in the courts, and may thus be void. However, he emphasized that he was not expressing a concluded view on the matter. In contrast with total ouster clauses, courts in the United Kingdom have affirmed the validity of partial ouster clauses that specify a time period after which aggrieved persons can no longer apply to

1008-480: A basic feature since the case of Minerva Mills v. Union of India (1980), the Supreme Court expressing the following view: The power of the judicial review is an integral part of our constitutional system and without it, there will be no Government of Laws and the rule of law would become a teasing illusion and a promise of unreality. If there is one feature of our Constitution which, more than any other,

1152-420: A claim or question ... shall be final" only excluded an appeal but not judicial review: I find it very well settled that the remedy by certiorari is never to be taken away by any statute except by the most clear and explicit words. The word "final" is not enough. That only means "without appeal". It does not mean "without recourse to certiorari ". It makes the decision final on the facts, but not final on

1296-461: A clear division between staff responsible for routine ("mechanical") work, and those engaged in policy formulation and implementation in an "administrative" class. The report was well-timed, because bureaucratic chaos during the Crimean War was causing a clamour for the change. The report's conclusions were immediately implemented, and a permanent, unified and politically neutral civil service

1440-401: A conservatively inclined judiciary at bay. One such communitarian goal achieved by ouster clauses is that it results in consistency and finality in the implementation of policy considerations by encouraging specialist bodies to act as adjudicators in certain areas of administration. Total ouster clauses, also known as finality clauses, seek to completely exclude the supervisory jurisdiction of

1584-562: A different interpretation. This ceding of judicial authority to unelected bodies is the source of considerable scholarship. The power of the administrative state is related to the concept of a privative clause , which also restricts a courts ability to interpret law. While continental civil law systems tend to constrain administrative power through the notion of Rechtsstaat , or a system or rules, common law jurisdictions tend to rely only judicial oversight. Many administrative agencies are authorized to enforce their own rules, as well as those of

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1728-468: A greater chance to pass the exams and obtain an official degree. This included the employment of a bureau of copyists who would rewrite all of the candidates' exams in order to mask their handwriting and thus prevent favoritism by graders of the exams who might otherwise recognize a candidate's handwriting. The advent of widespread printing in the Song period allowed many more examination candidates access to

1872-405: A law mandates a specific type of hearing. This decision led to a rise in the use of less strict processes. In 1978, with the case Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council , the court ruled that judicial bodies cannot dictate extra procedural stipulations to agencies, nor can they nullify agency actions purely based on their disagreement with the outcome. In 2000, in

2016-401: A magistrate had was proportional to status. Lictores were in charge of punishing Roman citizens. They were generally employed to make announcements in public and crowds. The scriba were civil servants working as public notaries as well as general bureaucracy. Greek cities had a similar figure, however the job was done by slaves. In the 18th century, in response to economic changes and

2160-415: A merchant. This was because the mercantile class was traditionally regarded with some disdain by the scholar-official class. This class of state bureaucrats in the Song period were far less aristocratic than their Tang predecessors. The examinations were carefully structured in order to ensure that people of lesser means than what was available to candidates born into wealthy, landowning families were given

2304-499: A misdirection in law in making the decision therefore rendered the decision ultra vires. Thus, in English law all errors of law are now to be considered as jurisdictional and ultra vires in a broad sense of the term. This implies that ouster clauses should not be effective against any error of law. The Anisminic principle was upheld by the Supreme Court in both R (on the application of Cart) v Upper Tribunal (2011) and R (on

2448-471: A much smaller scale in comparison to the stronger, centralized bureaucracy of the Song dynasty (960–1279). In response to the regional military rule of jiedushi and the loss of civil authority during the late Tang period and Five Dynasties (907–960), the Song emperors were eager to implement a system where civil officials would owe their social prestige to the central court and gain their salaries strictly from

2592-477: A new category of recommended candidates for the mandarinate in AD 605. The following Tang dynasty (618–907) adopted the same measures for drafting officials, and decreasingly relied on aristocratic recommendations and more and more on promotion based on the results of written examinations. The structure of the examination system was extensively expanded during the reign of Wu Zetian . The system reached its apogee during

2736-408: A profound literati and dramatist that it would not be far-fetched to regard him as China's answer to William Shakespeare. In the late 19th century, however, the system increasingly engendered internal dissatisfaction, and was criticized as not reflecting candidates' ability to govern well, and for giving undue weight to style over content and originality of thought. Indeed, long before its abandonment,

2880-426: A small jurisdictional error. Though the scope of judicial review has been expanded considerably following Anisminic , there are still a number of exceptions where total ouster clauses preclude courts from exercising their supervisory function in a judicial review. The Anisminic principle applies only to public bodies exercising executive functions, over which the courts can exercise their supervisory role and have

3024-744: A state's civil servants form its civil service or public service. The concept arose in China and modern civil service developed in Britain in the 18th century. An international civil servant or international staff member is a civilian employee who is employed by an intergovernmental organization . These international civil servants do not resort under any national legislation (from which they have immunity of jurisdiction ) but are governed by internal staff regulations. All disputes related to international civil service are brought before special tribunals created by these international organizations such as, for instance,

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3168-409: A written constitution and hence constitutional supremacy, the courts can exclude the application of ouster clauses by pronouncing that the provision is unconstitutional and thus null and void. The High Court of Australia has shown resistance to privative clauses, holding that the ability of legislatures to insulate administrative tribunals from judicial review by means of such clauses is restricted by

3312-487: Is a legal principle that a branch of government cannot authorize another entity to exercise powers or functions assigned to itself. It is sometimes used to argue that the power of administrative agencies to write laws is unconstitutional, illegal, or otherwise invalid, or that it imposes restrictions on administrative agencies in their exercise of these powers. The second power of the administrative state comes from judicial deference. In technical terminology, judicial deference

3456-462: Is a standard of judicial review that that applies when a court defers to an agency's interpretation of a law. Sometimes the law is made by the legislature, and sometimes by the agency itself. In other words, the agency exercises the same ability of a court to judge and interpret laws. These interpretations bind other courts to arrive at the same interpretation, as long as the interpretation is reasonable, even if an independent court would have arrived at

3600-641: Is basic and fundamental to the maintenance of democracy and the rule of law, it is the power of judicial review and it is unquestionably a part of the basic structure of the Constitution. The parliament's "power to destroy is not a power to amend", and hence the power of judicial review may not be abrogated either by the ordinary process of legislation or through the procedure of constitutional amendment. Therefore, it might be argued that ouster clauses, which are intended to make decisions by public authorities and other decision-makers final and unchallengeable before

3744-533: Is more complicated, and controlled via a directorial system , that is, the president is chosen by the 27 heads of state or government of the European member countries, and confirmed by the European Parliament . The president chooses commissioners to head directorates-general , analogous to ministers at the head of ministries or U.S. cabinet secretaries of executive departments . In the U.S.,

3888-656: Is obligated to act according to the law and is guided by public policy pronouncements. The Common Statute of Civil Servants is the primary legislative framework for the Civil Service in Cambodia. One of the oldest examples of a civil service based on meritocracy is the Imperial bureaucracy of China, which can be traced as far back as the Qin dynasty (221–207 BC). However, the civil service examinations were practiced on

4032-570: Is proportionate and necessary for the maintaining of the rule of law". On the facts of the case, he found it was neither proportionate nor necessary for the maintenance of the rule of law to require unrestricted judicial review. By enacting the Tribunals, Courts and Enforcement Act 2007 , Parliament had rationalized the system of administrative tribunals and had created the Upper Tribunal to hear appeals from lower tribunals, thus avoiding

4176-489: Is regarded as part of the basic structure of the constitution that cannot be excluded. The position in Singapore is unclear. Two cases decided after Anisminic have maintained the distinction between jurisdictional and non-jurisdictional errors of law, and it is not yet known whether the courts will eventually adopt the legal position in the United Kingdom. The Chief Justice of Singapore , Chan Sek Keong , suggested in

4320-418: Is still left with an avenue to proceed with his or her claim: [W]here such an ouster clause occurs, it is pertinent to see whether there is ouster of jurisdiction of other Courts. When the clause is clear, unambiguous and specific accepted notions of contract would bind the parties and unless the absence of ad idem can be shown, the other Courts should avoid exercising jurisdiction. As regards construction of

4464-915: Is usually lifelong (that is, until age about retirement). The civil service in France ( fonction publique ) is often incorrectly considered to include all government employees including employees of public corporations, such as SNCF . Public sector employment is classified into three services; State service, Local service and Hospital service. According to government statistics there were 5.5 million public sector employees in 2011. The Public Service in Germany ( Öffentlicher Dienst ) employed 4.6 million persons as of 2011 . Public servants are organized into hired salaried employees ( Arbeitnehmer ), appointed civil servants ( Beamte ), judges, and soldiers. They are employed by public bodies ( Körperschaften des öffentlichen Rechts ), such as counties ( Kreise ) , states ,

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4608-416: Is valid and enforceable", a clause will not be unconstitutional if it has the effect of altering the procedural or substantive law that the court must apply to ensure that "the impugned decision or conduct is in fact valid or lawful". India embraces the basic structure doctrine , which states that the basic structure or features of the constitution may not be amended. Judicial review has been regarded as

4752-607: The American Board of Internal Medicine (ABIM), the U.K. Nursing and Midwifery Council (NMC), and the Institute of Chartered Accountants in England and Wales . They are typically authorized by special laws that name them as representatives and regulators of their industry. In this case, leaders of the organization are appointed by professionals, corporations, or other authorized private entities. The European Commission

4896-518: The American Political Science Association . "Like Wilson, Goodnow argued that government needed to adjust its very purpose and organization to accommodate modern necessities," writes Pestritto. In 1926, future Supreme Court Justice Felix Frankfurter described the process by which government agencies were effectively writing laws, and characterized it as the most important development in law in his time: In 1932,

5040-802: The Civil Services Examination (CSE) or the Engineering Services Examination (ESE) among others, conducted by the Union Public Service Commission (UPSC). Additionally, there are also State Services . The state civil servants are selected through an examination conducted by state public service commissions. State civil servants serve at the pleasure of the Governor. In Pakistan the FPSC (Federal Public Service Commission) conducts

5184-527: The Commonwealth . The Pendleton Civil Service Reform Act established a modern civil service in the United States, and by the turn of the 20th century almost all Western governments had implemented similar reforms... Brazil started to move away from a patronage based public service starting in the second half of the 19th century, but written tests and merit only became the norm towards the end of

5328-611: The Confucian classics . After the fall of the Han dynasty, the Chinese bureaucracy regressed into a semi-merit system known as the nine-rank system . This system was reversed during the short-lived Sui dynasty (581–618), which initiated a civil service bureaucracy recruited through written examinations and recommendation. The first civil service examination system was established by Emperor Wen of Sui . Emperor Yang of Sui established

5472-747: The Confucian texts whose mastery was required for passing the exams. Hong Kong and Macau have separate civil service systems: In India, civil servants are selected as per the Constitution of India . Civil servants serve at the pleasure of the President of India . The civil services of India can be classified into two types—the All India Services and the Central Civil Services (Group A and B). The recruits are university graduates selected through three phase exams such as

5616-537: The Constitution of Australia , particularly section 75(v) which states: In all matters ... in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth ;... the High Court shall have original jurisdiction . There is a further presumption in construing privative clauses that Parliament did not intend to limit access to the courts. In

5760-442: The Constitution of Singapore , which vests the judicial power of Singapore in the courts, because ouster clauses strip the Supreme Court of its supervisory jurisdiction over inferior tribunals and other public authorities. If the argument that the supervisory jurisdiction of the courts cannot be ousted holds, there is no need to distinguish between jurisdictional and non-jurisdictional errors of law. However, he made it clear that he

5904-626: The Hatch Act of 1939 , civil servants are not allowed to engage in political activities while performing their duties. The U.S. civil service includes the competitive service and the excepted service . The majority of civil service appointments in the U.S. are made under the competitive service, but the Foreign Service , the FBI , and other National Security positions are made under the excepted service. (U.S. Code Title V) As of January 2007,

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6048-486: The Indian Rebellion of 1857 which came close to toppling British rule in the country. The Northcote–Trevelyan model remained essentially stable for a hundred years. This was a tribute to its success in removing corruption, delivering public services (even under the stress of two world wars), and responding effectively to political change. It also had a great international influence and was adapted by members of

6192-552: The New Policies reform package. The Chinese system was often admired by European commentators from the 16th century onward. However, the Chinese imperial examination system was hardly universally admired by all Europeans who knew of it. In a debate in the unelected chamber of the UK parliament on March 13, 1854, John Browne 'pointed out [clearly with some disdain] that the only precedent for appointing civil servants by literary exams

6336-499: The Northcote–Trevelyan Report of 1854 made four principal recommendations: that recruitment should be on the basis of merit determined through competitive examination, that candidates should have a solid general education to enable inter-departmental transfers, that recruits should be graded into a hierarchy and that promotion should be through achievement, rather than "preferment, patronage or purchase". It also recommended

6480-548: The Scottish Environment Protection Agency . The U.S. Bureau of Indian Affairs administers the territory of semi-sovereign Indian tribes , subnational entities with nation-like characteristics. Nearly a third the total landmass of the United States is owned by federal agencies , like the BLM , NPS , and NFS , which all maintain separate police forces to enforce laws and determine the use of

6624-608: The Secretaries of State , career civil servants not elected but promoted from within the civil service's own bureaucracy. Self-regulatory agencies are controlled by members of the private industries they are supposed to regulate. They are typically professional bodies. Examples include the U.S. Financial Industry Regulatory Authority (FINRA), the U.K. Financial Conduct Authority (FCA), the American Medical Association (AMA), medical specialities such as

6768-588: The federal government , etc. In addition to employees directly employed by the state another 1.6 million persons are employed by state owned enterprises Beamte has been a title for government employees for several centuries in German states, but became a standardized group in 1794. Soldiers other than conscripted soldiers are not Beamte but have similar rights. Judges are not Beamte but have similar rights too. Public attorneys are all Beamte, whereas most (but not all) professors are Beamte. The group of Beamte have

6912-422: The republic , and workers in government-owned corporations . Career civil servants (not temporary workers or politicians) are hired only externally on the basis of entrance examinations ( Portuguese : concurso público ). It usually consists of a written test; some posts may require physical tests (such as policemen), or oral tests (such as professors, judges, prosecutors and attorneys). The rank according to

7056-415: The "red-light approach" in their 1984 book Law and Administration , there should be a deep-rooted suspicion of governmental power and a desire to minimize the encroachment of the state on the rights of the individuals. Therefore, the executive, which is envisaged as capable of arbitrary encroachment on the rights of individual citizens, is subjected to political control by Parliament and to legal control by

7200-513: The 1930s, as a result from reforms introduced during Getúlio Vargas first term as the nation's President. Civil servants in Brazil ( Portuguese : servidores públicos ) are those working in the executive , legislative , and judicial branches of the Federal , state , Federal District or municipal governments, including congressmen , senators , mayors , ministers , the president of

7344-882: The Administrative Tribunal of the ILO . Specific referral can be made to the International Civil Service Commission (ICSC) of the United Nations , an independent expert body established by the United Nations General Assembly . Its mandate is to regulate and coordinate the conditions of service of staff in the United Nations common system, while promoting and maintaining high standards in the international civil service. The origin of

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7488-490: The Chinese GAPP can issue decrees to seize banned books, films, writing, or other media, as well as arrest and imprison criminal violations of publication regulations. Many administrative agencies operate their own police forces, with the power to arrest, search, seize items, surveil citizens, and jail them for a period before trial. These police go by a variety of names, including special agents or peace officers in

7632-461: The Commission of any application made to them under this Act shall not be called into question in any court of law. Decision of political party to be final and conclusive 18C. The decision of a political party or any person authorized by it or by its constitution or rules or regulations made thereunder on the interpretation of its constitution, rules or regulations or on any matter relating to

7776-707: The Criminal Investigation Branch). They exercise the powers granted under the Customs Management Acts and the Police and Criminal Evidence Act 1984, including arrest, search and detention of people and goods. Immigration agencies also commonly employ their own police, like the U.S. CBP and ICE , the U.K. Border Force and Immigration Enforcement , the Russian Main Directorate for Migration Affairs , and

7920-590: The Environment, ex parte Ostler (1976). The Court held that a distinction could be drawn between a total ouster clause and a partial ouster such as the one in question, which gave the applicants six weeks to challenge the decision. Lord Denning, the Master of the Rolls , explained that the rationale for upholding time limit clauses is that it is in the public interest to promote certainty of the executive's actions. If

8064-702: The French National Forests Office , the U.S. Bureau of Land Management , the Australian Fisheries Management Authority . In the Central African Republic , France helped set up special forest rangers and hunting guards for government land management. Labor agencies employ police, like the U.K. GLAA , the U.S. Department of Labor , and Singapore's Ministry of Manpower. They typically enforce criminal violations of labor law, like

8208-561: The Government and People of China , published in 1847, that "the long duration of the Chinese empire is solely and altogether owing to the good government which consists in the advancement of men of talent and merit only", and that the British must reform their civil service by making the institution meritocratic. On the other hand, John Browne, in the 1854 debate mentioned above, 'argued that elegant writing had become an end in itself, and

8352-441: The High Court decision R v Hickman, ex parte Fox (1945), Justice Owen Dixon said: They [privative clauses] are not interpreted as meaning to set at large the courts or other judicial bodies to whose decision they relate. Such a clause is interpreted as meaning that no decision which is in fact given by the body concerned shall be invalidated on the ground that it has not conformed to the requirements governing its proceedings or

8496-749: The Indian Bureau of Immigration . These police typically enforce border checkpoints and deport unauthorized foreign nationals within the country. Environmental agencies employ police, like the Special Agents of the U.S. EPA , the U.K. Environment Agency , Australia's RPNSA , and South Africa's CapeNature Biodiversity Crime Unit. Common activities include stopping pollution criminal violations of environmental law. In Italy, special Guardie Zoofile , volunteers with police powers, rescue animals in distress and protect them in wildlife. Government land agencies employ police on government lands, like

8640-534: The Privy Council, ex parte Page (1992) the House of Lords noted that: [T]he decision in [ Anisminic ] rendered obsolete the distinction between errors of law on the face of the record and other errors of law by extending the doctrine of ultra vires . Thenceforward it was to be taken that Parliament had only conferred the decision-making power on the basis that it was to be exercised on the correct legal basis:

8784-469: The SEC to make 'regulations', and the SEC authorized the self-regulatory organization FINRA to make 'rules', through a process known as "registration". Unlike the SEC, which can make rules at will, FINRA must have their rules approved by the SEC. Laws, regulations, and rules, are all binding on members of the financial industry; however, FINRA rulebreaking is never criminal and thus can not result in jail time. In

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8928-521: The Song dynasty. In theory, the Chinese civil service system provided one of the main avenues for social mobility in Chinese society, although in practice, due to the time-consuming nature of the study, the examination was generally only taken by sons of the landed gentry. The examination tested the candidate's memorization of the Nine Classics of Confucianism and his ability to compose poetry using fixed and traditional forms and calligraphy . It

9072-523: The U.S. Code of Laws. The notion of the modern state was relatively unknown in elected democracies until the late 19th century. Its sudden rise has spawned considerable research, publishing, and scholarship to understand the origin of the phenomenon. In the mid-1800s in the United Kingdom, increased trade activity, rising population, and migration into larger and larger urban hubs caused the social structures that held together traditional administrative arrangements to disintegrate. Urban growth frequently posed

9216-568: The U.S. Supreme Court, in Crowell v. Benson , confirmed the legality of agency decision-making processes, emphasizing the role of agencies in relation to federal courts before the implementation of the Administrative Procedure Act. In 1935, through the case Humphrey's Executor v. United States , the court characterized independent federal agencies as having both legislative and judicial aspects. The ruling also highlighted

9360-581: The U.S., enforcement command or "officer with constabulary power" in the U.K., general terms like "officers", civilian police , and specialized terms like les douaniers for French Customs. Procedural rights pertain to discussions surrounding individual due process and the position individuals hold in administrative agency adjudications and enforcement measures. These rights also extend to the public's ability to engage in agency rule formulation and decision-making events. The extent to which administrative due process and procedural rights should be protected within

9504-448: The UK, a civil servant is a public servant but a public servant is not necessarily a civil servant. The study of the civil service is a part of the field of public service (and in some countries there is no distinction between the two). Staff members in "non-departmental public bodies" (sometimes called " QUANGOs ") may also be classed as civil servants for the purpose of statistics and possibly for their terms and conditions. Collectively

9648-543: The United Kingdom, the effectiveness of total ouster clauses is fairly limited. In the case of Anisminic Ltd. v. Foreign Compensation Committee (1968), the House of Lords held that ouster clauses cannot prevent the courts from examining an executive decision that, due to an error of law, is a nullity. Subsequent cases held that Anisminic had abolished the distinction between jurisdictional and non-jurisdictional errors of law. Thus, although prior to Anisminic an ouster clause

9792-560: The United States, almost all federal agencies are ultimately accountable to the executive , and the heads of the agencies can be removed and reappointed at the will of the president. In the U.K., there is an abundance of terminology to describe U.K. governmental and semi-governmental agencies , including executive ministries, non-ministerial government departments (NMGD), non-departmental public body (NDPD), and quango , originally short for "quasi-autonomous non-governmental organization", but which are in fact partly controlled or financed by

9936-476: The abolition of the distinction between jurisdictional and non-jurisdictional errors of law in Anisminic and its effect on the effectiveness of ouster clauses. Instead, the court cited UK authorities holding that ouster clauses are ineffective when there has been an absence of jurisdiction or an excess of jurisdiction on the part of the decision-maker, which was the legal position prior to Anisminic . Although

10080-425: The abuse of workers. Privative clause An ouster clause or privative clause is, in countries with common law legal systems, a clause or provision included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive by stripping the courts of their supervisory judicial function. According to the doctrine of the separation of powers , one of

10224-441: The administrative state remains a contentious issue among policy experts. This discourse largely revolves around differing views on constitutional and statutory obligations related to due process and procedural rights, as well as the extent of these protections when citizens engage with administrative entities. Although most administrative bodies reside within the executive branch, some are set up as independent entities or fall under

10368-540: The administrative state runs counter to the U.S. Constitution: "The strong Progressive belief in the enlightenment and disinterestedness of administrators stands as an instructive contrast to the permanent self-interestedness that the Framers of the U.S. Constitution saw in human nature." Pestritto also adds: "This is not to suggest that the Framers denied discretionary power to the national government . . . Rather, they understood that such discretion had to be channeled through

10512-410: The affairs of the party shall be final and conclusive and such decision shall not be challenged, appealed against, reviewed, quashed or called in question in any court on any ground, and no court shall have jurisdiction to entertain or determine any suit, application, question or proceeding on any ground regarding the validity of such decision. If an ouster clause achieves its desired effect in preventing

10656-411: The application of Privacy International) v Investigatory Powers Tribunal and others [2019] so that the rule of law is promoted, among other reasons. Since it is practically immaterial to the victim of an error of law whether it is a jurisdictional error or otherwise, it would be manifestly unjust if judicial review was precluded when a non-jurisdictional error was egregious and obvious, but allowed for

10800-687: The authority to make specific types of regulations or decisions separate from the primary legislative institutions, the European Parliament and the Council of the European Union. Since EU laws are made by the authority vested in the EU from various treaties ("primary law"), the law that the EU makes can be understood as secondary legislation . U.S. states have separate sovereignty with independent legislatures that can create agencies with

10944-474: The biggest challenges in regions where local administration was least effective. Reflecting on Manchester in 1835, Alexis de Tocqueville observed that "everything in the exterior appearance of the city attests the individual powers of man; nothing the directing powers of society". Political scientist Ronald J. Pestritto traces U.S. administrative state practices to the Progressive Era and argues that

11088-537: The bureaucracy were based on the patronage of aristocrats ; During the Han dynasty , Emperor Wu of Han established the xiaolian system of recommendation by superiors for appointments to office. In the areas of administration, especially the military, appointments were based solely on merit. This was an early form of the imperial examinations, transitioning from inheritance and patronage to merit, in which local officials would select candidates to take part in an examination of

11232-638: The case of Appalachian Power Company v. Environmental Protection Agency , the court mandated the EPA to withdraw a guidance document that brought about a regulatory alteration without adhering to mandatory regulatory procedures. In 2020, in Seila Law v. Consumer Financial Protection Bureau , the Supreme Court determined that limitations on the president's authority to dismiss singular leaders of independent federal agencies, in contrast to groups, infringe upon

11376-563: The case, the House of Lords held that a university visitor (overseer) appointed by the founder of a charitable institution to regulate its internal affairs has exclusive jurisdiction to decide disputes arising under the domestic law of the university that has been laid down by the founder in the constitutive documents establishing the university. Another exception can be found in the Cart judgment. Lord Dyson emphasized that "the scope of judicial review should be no more (as well as no less) than

11520-399: The central government. This ideal was not fully achieved since many scholar officials were affluent landowners and were engaged in many anonymous business affairs in an age of economic revolution in China . Nonetheless, gaining a degree through three levels of examination—prefectural exams, provincial exams, and the prestigious palace exams—was a far more desirable goal in society than becoming

11664-826: The company's territories in India. "The proposal for establishing this college came, significantly, from members of the East India Company's trading post in Canton, China." Examinations for the Indian "civil service"—a term coined by the Company—were introduced in 1829. British efforts at reform were influenced by the imperial examinations system and meritocratic system of China. Thomas Taylor Meadows, Britain's consul in Guangzhou , China argued in his Desultory Notes on

11808-702: The court did refer to Anisminic , it did so only to observe that the House of Lords had held the ouster clause involved in that case to be irrelevant because a purported determination by the Foreign Compensation Commission which was legally incorrect could not be considered a real determination and had no effect at all. Ultimately, the court quashed the order made by the Industrial Arbitration Court because it contained an error of law which had caused that court to exceed its jurisdiction. In Stansfield , an employee of

11952-416: The court. In Re Racal Communications Ltd (1980), Lord Diplock noted that if a statute provides that the court's decision should be final and conclusive, the "subtle distinctions formerly drawn between errors of law which go to jurisdiction and errors of law which do not" survive. Hence, any non-jurisdictional errors of law made by a court can be only corrected by appeal if the statute provides for it. It

12096-574: The courts also assess the constitutionality of legislation , executive actions and governmental policy. Therefore, part of the role of the judiciary is to ensure that public authorities act lawfully and to serve as a check and balance on the government's power. However, the legislature may attempt to exclude the jurisdiction of the courts by the inclusion of ouster clauses in the statutes empowering public authorities to act and make decisions. These ouster clauses may be total or partial. The following are some examples of ouster clauses: The determination by

12240-487: The courts for a remedy. According to the Diceyan model of separation of powers , the executive of a state governs according to a framework of general rules in society established by the legislature, and the judiciary ensures that the executive acts within the confines of these rules through judicial review . In general, under both constitutional and administrative law , the courts possess supervisory jurisdiction over

12384-402: The courts from exercising judicial review, it will serve as a clear signal to the decision-maker that it may operate without fear of intervention by the courts at a later stage. However, ouster clauses have traditionally been viewed with suspicion by the courts. According to the 19th-century laissez-faire theory championed by A. V. Dicey , which Carol Harlow and Richard Rawlings termed as

12528-535: The courts have always held that general words are not to be read as enabling a deliberate wrongdoer to take advantage of his own dishonesty. The decision in Anisminic , which held that total ouster clauses do not safeguard decisions affected by errors of law from judicial review, poses a challenge to the judgment in Smith , but the latter was affirmed by the Court of Appeal of England and Wales in R v Secretary of State for

12672-485: The courts were to allow plaintiffs to come to them for remedies long after the time limit for doing so has expired, the acts or decisions of authorities would be held up or delayed. As Lord Justice of Appeal Michael Mann explained in R v Cornwall County Council, ex parte Huntington (1992): The intention of Parliament when it uses an Anisminic clause is that questions as to validity are not excluded. When paragraphs such as those considered in ex p. Ostler are used, then

12816-410: The courts, should be held void and ineffective as they deprive the aggrieved party of an avenue of seeking judicial review. However, it was held in A. B. C. Laminart Pvt. Ltd. v A. P. Agencies, Salem (1989) that where there are two or more courts with jurisdiction over a matter, and an ouster clause merely limits the jurisdiction to one particular court, the ouster clause is valid as the aggrieved party

12960-470: The courts, they escorted the magistrate and acted as heralds. They also helped in writing edicts and laws . It is also possible they were messengers and orderlies . The Accensi Velati were non military participants of military campaigns. They probably assisted clerks, accountants, supply officials, and aides. The y also assisted religious affairs especially the Feriae Latinae , formed

13104-403: The courts. On the other end of the spectrum, there is the green-light approach derived from the utilitarian school of thought associated with legal philosophers such as Jeremy Bentham and John Stuart Mill . The green-light approach regards state involvement as an effective means to facilitate the delivery of communitarian goals. Hence, ouster clauses are regarded as useful devices to keep

13248-470: The courts. In the United Kingdom, before the seminal decision of Anisminic Ltd v Foreign Compensation Commission (1968), the law drew a distinction between situations where the public body was acting within the powers conferred on it by law but committed an error of law (a "non-jurisdictional error of law"), and situations where the commission of the error of law meant that the public body did not in fact have power to act (a "jurisdictional error of law"). In

13392-399: The doctrine of error of law". The court had concluded that the ouster clause was ineffective in preventing judicial review of the minister's decision, as the plaintiff had not been given a fair opportunity to present its case with knowledge of the opponent's allegations. Chief Justice Chan also advanced an academic argument that ouster clauses might be viewed as being contrary to Article 93 of

13536-442: The effect of ousting that power if the inferior tribunal has acted without jurisdiction or "if it has done or failed to do something in the course of the inquiry which is of such a nature that its decision is a nullity": per Lord Reid at p. 171 [of Anisminic ]. But if the inferior tribunal has merely made an error of law which does not affect its jurisdiction, and if its decision is not a nullity for some reason such as breach of

13680-475: The effect that almost all claims for foreign compensation would be defeated. Their Lordships held that this misconstruction of the legislation rendered the decision ultra vires , and since Parliament could not have intended for the ouster clause to protect an ultra vires determination, judicial review was not precluded. Though Anisminic did not expressly abolish the distinction between jurisdictional and non-jurisdictional errors of law, in R v Lord President of

13824-677: The eighteenth century a number of Englishmen wrote in praise of the Chinese examination system, some of them going so far as to urge the adoption for England of something similar. The first concrete step in this direction was taken by the British East India Company in 1806." In that year, the Honourable East India Company established a college, the East India Company College , near London to train and examine administrators of

13968-661: The examination score is used for filling the vacancies. Entrance examinations are conducted by several institutions with a government mandate, such as CESPE (which belongs to the University of Brasília ) and the Cesgranrio Foundation (which is part of the Federal University of Rio de Janeiro ). The labor laws and social insurance for civil servants are different from private workers; even between government branches (like different states or cities),

14112-409: The executive, but there may be laws that make it difficult or impossible for the executive to fire or restructure the entire agency. Leaders of administrative agencies can be directly appointed by the civil service bureaucracy. This is more common in countries with a powerful civil service , like the United Kingdom; for example, the leadership of Ofcom , Ofqual , and Ofsted are all appointed by

14256-421: The exercise of executive power. When carrying out judicial review of administrative action , the court scrutinizes the legality and not the substantive merits of an act or decision made by a public authority under the three broad headings of illegality, irrationality and procedural impropriety ( Council of Civil Service Unions v Minister for the Civil Service ). In jurisdictions which have a written constitution,

14400-480: The exercise of its authority or has not confined its acts within the limits laid down by the instrument giving it authority, provided always that its decision is a bona fide attempt to exercise its power, that it relates to the subject matter of the legislation, and that it is reasonably capable of reference to the power given to the body. Thus, a privative clause does not prevent the High Court from exercising judicial review if an authority has failed to exercise power in

14544-475: The federal government workforce is employed in this region. As of 2014, there are currently 15 federal executive branch agencies and hundreds of subagencies. In the early 20th century, most cities in the US had a spoils system. Over the next few decades, the spoils system was replaced with a civil service system. U.S. state and local government entities often have competitive civil service systems that are modeled on

14688-524: The federal government, excluding the Postal Service, employed about 1.8 million civilian workers. The federal government is the nation's single largest employer, although it employs only about 12% of all government employees, compared to 24% at the state level and 63% at the local level. Although most federal agencies are based in the Washington, D.C. region, only about 16% (or about 284,000) of

14832-495: The former situation, a total ouster clause precluded the courts from exercising their supervisory function and issuing any prerogative orders to quash the erroneous action. The courts could only step in if the error of law affected the jurisdiction of the public body to act, for example, if the public body erroneously interpreted the scope of the powers conferred upon it, and thus made a decision which it had no power to make. In R v Medical Appeal Tribunal, ex parte Gilmore (1957),

14976-503: The forms and law of the Constitution in order to be safe for liberty." In 1887, the U.S. Congress established its first independent agency, the Interstate Commerce Commission , to regulate railroads. Pestritto also identifies Woodrow Wilson and Frank Johnson Goodnow as highly influential advocates of administrative law; Wilson was the 26th President of the United States, and Goodnow was founding president of

15120-488: The government. Laws made by administrative agencies are typically distinguished from laws written by the legislature, and given a separate term like "regulations" or "rules", or referred to in codified form as "codes". In the U.S., federal regulations are codified into the U.S. Code of Federal Regulations (CFR), a complement to the compilation of all laws, the U.S. Code (USC). Administrative regulations comprise 242 volumes and more than 185,000 pages, four times larger than

15264-606: The government. Not all administrative agencies maintain their own police; however, there are notable categories of agency that tend to maintain separate security forces. Tax agencies commonly employ their own police, like the U.S. IRS Criminal Investigation and the Federal Tax Police Service of the Russian Federation . In the U.K. , HMRC employs police to carry out uniformed (e.g. combatting misuse of red diesel ) and investigative work (in

15408-572: The growth of the British Empire , the bureaucracy of institutions such as the Office of Works and the Navy Board greatly expanded. Each had its own system, but in general, staff were appointed through patronage or outright purchase. By the 19th century, it became increasingly clear that these arrangements were falling short. "The origins of the British civil service are better known. During

15552-477: The important functions of the judiciary is to keep the executive in check by ensuring that its acts comply with the law, including, where applicable, the constitution . Ouster clauses prevent courts from carrying out this function, but may be justified on the ground that they preserve the powers of the executive and promote the finality of its acts and decisions. Ouster clauses may be divided into two species – total ouster clauses and partial ouster clauses. In

15696-469: The land. In Italy, special Guardie Zoofile rescue animals in distress or protect them in wildlife; these guards are volunteer, private citizens of environmental and animal associations, authorized with the force of the functions and qualifications of the judicial police in animal-welfare matters by Italian law. This power does not include hunting matters. Thus, environmental clubs function as quasi-governmental entities with law enforcement powers delegated by

15840-650: The lapse of time. In Smith v East Elloe Rural District Council (1956), the House of Lords concluded by a majority that it could not impugn a partial ouster clause because, according to Viscount Simonds , "plain words must be given their plain meaning", regardless of an allegation of fraud on the part of the public authority. The consequences of such a narrow approach were recognized in the dissenting judgement by Lord Reid , in which he doubted whether an ouster clause could protect an order that had been obtained by corrupt or fraudulent means from being questioned in court. He wrote: In every class of case that I can think of

15984-440: The law and insurance differ. The posts usually are ranked by titles, the most common are technician for high school literates and analyst for undergraduates. There's also higher post ranks like auditor, fiscal, chief of police, prosecutor, judge, attorney, etc. The law does not allow servants to upgrade or downgrade posts internally; they need to be selected in separate external entrance examinations. Historians have explored

16128-515: The law. Notwithstanding that the decision is by a statute made "final", certiorari can still issue for excess of jurisdiction or for error of law on the face of the record. In Anisminic , the House of Lords effectively held that any error of law made by a public body will render its decision a nullity, and an ouster clause does not oust the courts' jurisdiction in judicial review unless it clearly states so. The Foreign Compensation Commission had misinterpreted certain subsidiary legislation , with

16272-611: The legality of the total ouster clause in section 36(3) of the National Insurance (Industrial Injuries) Act 1946 was doubted by the Court of Appeal of England and Wales , which issued a certiorari (which would today be called a quashing order) against the Medical Appeal Tribunal for an error of law on the face of the record. Lord Justice of Appeal Alfred Denning stated that the words "any decision of

16416-540: The legislative intention is that questions as to invalidity may be raised on the specified grounds in the prescribed time and in the prescribed manner, but that otherwise the jurisdiction of the court is excluded in the interests of certainty. Civil service The civil service is a collective term for a sector of government composed mainly of career civil service personnel hired rather than elected, whose institutional tenure typically survives transitions of political leadership. A civil service official , also known as

16560-418: The legislative or judicial branches. Such organizational differences influence both the supervision of these agencies and their cross-branch interactions. The most common power arrangement is control by the executive. This is the case in the United States, where almost all administrative agencies are controlled by the executive. In this case, leaders of administrative agencies can be removed and reappointed by

16704-710: The legislature writes laws which can be vetoed by the executive, and the veto can be overridden by a two-thirds vote of the legislature. In the E.U., it is reversed: the president writes laws that the European Parliament can veto, but parliament cannot write its own laws, giving the president of the commission legislative power , right of initiative , and an absolute veto over the will of parliament. The European Commission further exercises lawmaking ability directly without parliamentary approval through implementing and delegated acts. Sometimes, administrative agencies can themselves create other administrative agencies with delegated lawmaking ability; for example, U.S. Congress authorizes

16848-459: The legislature. This includes the power to issue commands to police, or maintain their own separate police forces. Many agencies have the power to issue commands to police, much like a court order. For example, the BBFC , a British agency with the power to allow or ban films, can issue an order to a "Trade Standards enforcement officer" to seize banned films, but they cannot arrest people. By contrast,

16992-589: The modern meritocratic civil service can be traced back to imperial examination founded in Imperial China . The imperial exam based on merit was designed to select the best administrative officials for the state's bureaucracy. This system had a huge influence on both society and culture in Imperial China and was directly responsible for the creation of a class of scholar-bureaucrats irrespective of their family pedigree. Originally appointments to

17136-610: The most secure employment, and the amount they are paid is set by national pay regulations ( Besoldungsordnungen ). Beamte are prohibited from striking . Arbeitnehmer have work contracts, whereas Beamte are appointed, employed, and removed in accordance with the Public Sector Service and Loyalty law ( öffentlich-rechtliches Dienst- und Treueverhältnis ). Most tasks can be either done by Arbeitnehmer or Beamte , however some specific tasks of official nature are supposed to be handled by Beamte since they are subject to

17280-529: The national system, in varying degrees. The Civil Service ( Malay : Perkhidmatan Awam ) of Brunei. The role of the civil service is as the government's administrative machinery to uphold the supreme authority of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam, uphold the National Philosophy – MIB, Melayu Islam Beraja, ensure the development of the country and ensure the welfare of

17424-461: The notion of the imperial system as a route to social mobility was somewhat mythical. In Tang's magnum opus, The Peony Pavilion, sc 13, Leaving Home, the male lead, Liu Mengmei, laments: "After twenty years of studies, I still have no hope of getting into office", and on this point Tang may be speaking through Liu as his alter ego. The system was finally abolished by the Qing government in 1905 as part of

17568-507: The ordinary courts from being overwhelmed by judicial review applications. As the system of tribunals provided ample opportunity for the correction of errors of law, this substantive policy reason precluded the need for all decisions of the Upper Tribunal to be subject to judicial review. Thus, judicial review would only be permitted from an Upper Tribunal decision if it would "raise some important point of principle or practice" or there

17712-535: The ouster clause when words like 'alone', 'only', 'exclusive' and the like have been used there may be no difficulty. ... In such a case mention of one thing may imply exclusion of another. In Singapore, the state of the law regarding the effectiveness of ouster clauses is still unclear. Whereas in the United Kingdom the courts have abolished the distinction between non-jurisdictional and jurisdictional errors of law and affirmed that in general ouster clauses are ineffective against errors of law, Singapore cases seem to adopt

17856-539: The people as well as its traditional role as the peacekeeper, law enforcer, regulator and service providers. However, the adjudication system is separate from the civil service to maintain its independence and impartiality. The Civil Service ( Khmer : សេវាកម្មស៊ីវិល , Sevakamm Civil ) of Cambodia is the policy implementing arm of the Royal Government of Cambodia . In executing this important role, each civil servant ( Khmer : មន្រ្តីរាជការ , Montrey Reachkar )

18000-622: The plaintiff alleged that he had been dismissed from his employment without just cause , and made representations to the Minister of Manpower to be reinstated. The Minister agreed with the employee and recommended that the plaintiff provide him with monetary compensation. Even though section 14(5) of the Employment Act states that any decision of the Minister is "final and conclusive, and shall not be challenged in any court of law",

18144-479: The plaintiff challenged the decision by applying to the High Court for judicial review by way of certiorari . In the course of its judgment, the court cited the following passage from South East Asia Fire Bricks Sdn. Bhd. v Non-Metallic Mineral Products Manufacturing Employees Union (1980): [W]hen words in a statute oust the power of the High Court to review decisions of an inferior tribunal by certiorari , they must be construed strictly ... they will not have

18288-624: The pleasure of the president—a person could be fired at any time. The spoils system meant that jobs were used to support the political parties. This was changed in slow stages by the Pendleton Civil Service Reform Act of 1883 and subsequent laws. By 1909, almost two-thirds of the U.S. federal work force was appointed based on merit, that is, qualifications measured by tests. Certain senior civil service positions, including some heads of diplomatic missions and executive agencies, are filled by political appointees . Under

18432-406: The position taken by the High Court is correct or not. Unlike a total ouster clause which seeks to preclude judicial review entirely, a partial ouster clause specifies a restricted period of time after which no remedy will be available. However, if the issue of whether a public authority has acted in bad faith arises, the authority's act or decision is not immune to judicial review notwithstanding

18576-413: The power to decide questions of law . However, superior courts do not have any supervisory function in relation to inferior courts of law, because Parliament is deemed to have intended that such courts are to be final arbiters of questions of law. Whether the decision of a court of law is final and not subject to judicial review depends on a construction of the statute defining the jurisdiction and powers of

18720-558: The power to write law, decide cases, and enforce laws through their own police. Examples include the California Department of Alcoholic Beverage Control , whose peace officers have the power to arrest, and the Alaska Department of Environmental Conservation . The administrative state of countries-within-countries, like Scotland, Wales, or Northern Ireland, can be seen as national or subnational agencies, like

18864-724: The powerful role of civil service since the 1840s. In Canada, the civil service at the federal level is known as the Public Service of Canada , with each of the ten provincial governments as well as the three territorial governments also having their own separate civil services. The federal civil service consists of all employees of the crown . Ministers' exempt staff and members of the Royal Canadian Mounted Police or Canadian Armed Forces are not civil servants. There are approximately 357,000 federal civil servants (2023), and more than 350,000 employees at

19008-598: The protections these agencies have against presidential removal. In 1946, the Administrative Procedure Act was introduced by Congress, providing a standard set of guidelines for federal agency decision-making and regulatory actions. This Act detailed both official and unofficial procedures. In 1973, the U.S. Supreme Court, in United States v. Florida East Coast Railway Co. , determined that formal procedures are only necessary for agencies if

19152-404: The provincial and territorial levels. In the United States, the federal civil service was established in 1871. The Civil Service is defined as "all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services." ( 5 U.S.C.   § 2101 ). In the early 19th century, government jobs were held at

19296-473: The rules of natural justice, then the ouster will be effective. It is presently not known whether Singapore courts will eventually adopt the current legal position in the United Kingdom. Chief Justice Chan Sek Keong observed during a 2010 lecture that what the High Court said about Anisminic in Stansfield was obiter dicta because the actual decision was "based on a breach of natural justice and not

19440-443: The separation of powers doctrine by curtailing executive oversight of such institutions. While common examples of the administrative state are national legislatures delegating lawmaking power to national agencies, there are notable examples of entities within countries and supra-national entities creating administrative states. The European Union has administrative agencies, often referred to as "bodies" or "agencies," which possess

19584-568: The stultifying effect of this on the Chinese civil service had contributed in no small measure to China's failure to develop its early lead over Western civilisations': Coolican, p. 107. In 1853 the Chancellor of the Exchequer William Gladstone , commissioned Sir Stafford Northcote and Charles Trevelyan to look into the operation and organisation of the Civil Service. Influenced by the Chinese imperial examinations,

19728-427: The traditional pre- Anisminic approach. The distinction between jurisdictional and non-jurisdictional errors of law and the effectiveness of ouster clauses against non-jurisdictional errors of law is exemplified by the cases of Re Application by Yee Yut Ee (1978), and Stansfield Business International Pte. Ltd. v. Minister for Manpower (1999). In Yee Yut Ee , the High Court neither expressly rejected nor affirmed

19872-406: Was "some other compelling reason". As the United Kingdom does not have a written constitution and observes the doctrine of parliamentary supremacy , the courts there could not render an ouster clause ineffective due to inconsistency with a constitutional provision, but instead excluded its application in some cases under the common law doctrine of the rule of law. However, in jurisdictions with

20016-567: Was effective in preventing judicial review where only a non-jurisdictional error of law was involved, following that case ouster clauses do not prevent courts from dealing with both jurisdictional and non-jurisdictional errors of law, except in a number of limited situations. The High Court of Australia has held that the Constitution of Australia restricts the ability of legislatures to insulate administrative tribunals from judicial review using privative clauses. Similarly, in India ouster clauses are almost always ineffective because judicial review

20160-453: Was held in Page that if a decision-maker is applying some "domestic law" or internal regulations instead of a general law of the land, then an ouster clause is effective in excluding judicial review unless the decision-maker acts outside his or her jurisdiction (that is, he or she has no power to enter into the adjudication of the dispute), abuses power, or acts in breach of natural justice . In

20304-496: Was ideally suited to literary candidates. Thus, toward the end of the Ming Dynasty, the system attracted the candidature of Tang Xianzu (1550–1616). Tang at 14 passed the imperial examination at the county level; and at 21, he did so at the provincial level; but not until he was 34 did he pass at the national level. However, he had already become a well-known poet at age 12, and among other things he went on to such distinction as

20448-609: Was introduced as Her Majesty's Civil Service . A Civil Service Commission was also set up in 1855 to oversee open recruitment and end patronage, and most of the other Northcote–Trevelyan recommendations were implemented over some years. The same model, the Imperial Civil Service , was implemented in British India from 1858, after the demise of the East India Company 's rule in India through

20592-529: Was not expressing an opinion on the issue. Following the Indian example, it might be argued that judicial review is a basic feature of the Constitution and cannot be removed through the use of ouster clauses. However, the basic features doctrine was rejected by the High Court in Teo Soh Lung v Minister for Home Affairs (1989). On appeal, the Court of Appeal found it unnecessary to rule on whether

20736-474: Was that of the Chinese government'. The Roman empire (27 BC – AD 395) had several types of civil servants who fulfilled diverse functions in Roman society. They were called apparitores . Accensi were usually professional civil servants, providing assistance to the elected magistrates during their term in office. In the courts, they summoned witnesses, kept track of time, and helped keep order. Outside of

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