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Author : Jeffrey L. Jowell
Publisher : Irvington Pub
Page : 220 pages
File Size : 44,6 Mb
Release : 1984-06-01
Category : Electronic
ISBN : 0829015728
Author : P. Hemalatha Devi
Publisher : Mittal Publications
Page : 280 pages
File Size : 50,9 Mb
Release : 1994
Category : Administrative discretion
ISBN : 8170995418
Author : Adam Szot
Publisher : Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Page : 146 pages
File Size : 43,8 Mb
Release : 2019
Category : Judicial review of administrative acts
ISBN : 3631668902
The publication shows the impact of judicial decisions on the discretionary power of public administration. This issue is analysed in relation to the process of issuing individual decisions by the administration, which have a dominant influence on the sphere of rights and freedoms of man. Judicial influence on public administration discretion is shown in the context of various models of judicial control of public administration.
Author : Amanda M. Olejarski
Publisher : Rowman & Littlefield
Page : 161 pages
File Size : 53,6 Mb
Release : 2013
Category : Law
ISBN : 9780739178584
Given that this book is written for scholars, practitioners, students, and community members, it emphasizes praxis, the critical interface between public administration theory and the practice of eminent domain. This book is the most comprehensive analysis on eminent domain in...
Author : Douglas H. Shumavon,H. Kenneth Hibbeln
Publisher : New York : Praeger
Page : 328 pages
File Size : 51,7 Mb
Release : 1986
Category : Law
ISBN : UOM:39015010762626
Author : Jurgen de Poorter,Ernst Hirsch Ballin,Saskia Lavrijssen
Publisher : Springer
Page : 198 pages
File Size : 50,6 Mb
Release : 2019-06-07
Category : Law
ISBN : 9789462653078
This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary’s role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica. Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performed at a distance from political bodies, goes far enough to guarantee that the administration exercises its powers in a legitimate way. This publication searches for new modes of judicial review of administrative discretion exercised in the administrative state. It links state-of-the-art academic research on the role of courts in the administrative state with the daily practice of the higher and lower administrative courts struggling with their position in the evolving administrative state. The book concludes that with the changing role and forms of the administrative state, administrative courts across the world and across sectors are in the process of reconsidering their roles and the appropriate models of judicial review. Learning from the experiences in different sectors and jurisdictions, it provides theoretical and empirical foundations for reflecting on the advantages and disadvantages of different models of review, the constitutional consequences and the main questions that deserve further research and debate. Jurgen de Poorter is professor of administrative law at Tilburg University and deputy judge in the District Court of The Hague. Ernst Hirsch Ballin is distinguished university professor at Tilburg University, professor in human rights law at the University of Amsterdam, and president of the T.M.C. Asser Institute for International and European Law. He is also a member of the Scientific Council for Government policy (WRR). Saskia Lavrijssen is professor of Economic Regulation and Market Governance of Network Industries at Tilburg University.
Author : Ali Farazmand
Publisher : Springer Nature
Page : 13623 pages
File Size : 54,8 Mb
Release : 2023-04-05
Category : Law
ISBN : 9783030662523
This global encyclopedic work serves as a comprehensive collection of global scholarship regarding the vast fields of public administration, public policy, governance, and management. Written and edited by leading international scholars and practitioners, this exhaustive resource covers all areas of the above fields and their numerous subfields of study. In keeping with the multidisciplinary spirit of these fields and subfields, the entries make use of various theoretical, empirical, analytical, practical, and methodological bases of knowledge. Expanded and updated, the second edition includes over a thousand of new entries representing the most current research in public administration, public policy, governance, nonprofit and nongovernmental organizations, and management covering such important sub-areas as: 1. organization theory, behavior, change and development; 2. administrative theory and practice; 3. Bureaucracy; 4. public budgeting and financial management; 5. public economy and public management 6. public personnel administration and labor-management relations; 7. crisis and emergency management; 8. institutional theory and public administration; 9. law and regulations; 10. ethics and accountability; 11. public governance and private governance; 12. Nonprofit management and nongovernmental organizations; 13. Social, health, and environmental policy areas; 14. pandemic and crisis management; 15. administrative and governance reforms; 16. comparative public administration and governance; 17. globalization and international issues; 18. performance management; 19. geographical areas of the world with country-focused entries like Japan, China, Latin America, Europe, Asia, Africa, the Middle East, Russia and Eastern Europe, North America; and 20. a lot more. Relevant to professionals, experts, scholars, general readers, researchers, policy makers and manger, and students worldwide, this work will serve as the most viable global reference source for those looking for an introduction and advance knowledge to the field.
Author : Denis James Galligan
Publisher : Unknown
Page : 436 pages
File Size : 54,9 Mb
Release : 1990
Category : Language Arts & Disciplines
ISBN : IND:30000029146606
One noticeable feature of modern legal systems is the extent to which power is conferred upon government officials and agencies to be exercized at their discretion, according to policy considerations, rather than according to precise legal standards. This book is a legal and jurisprudential analysis of discretionary power in modern legal systems, with particular emphasis on the consequences of discretion in the relationship between the individual and the state.
Author : Clark C. Havighurst
Publisher : Dobbs Ferry, N.Y. : Oceana Publications, 1974 [c1973]
Page : 230 pages
File Size : 52,5 Mb
Release : 1974
Category : Law
ISBN : STANFORD:36105120820332
Author : Stanley A. De Smith,John Maxwell Evans
Publisher : Unknown
Page : 704 pages
File Size : 47,7 Mb
Release : 1980
Category : Judicial review of administrative acts
ISBN : UCAL:B4160329
Author : Amanda M. Olejarski
Publisher : Lexington Books
Page : 162 pages
File Size : 52,9 Mb
Release : 2013-03-22
Category : Political Science
ISBN : 9780739178591
This book is about changing the way we do public administration. It is about the wielding of administrative discretion in the implementation of a constitutional power: eminent domain, taking private property for public use. Administrative Discretion in Action: A Narrative of Eminent Domain, emphasizes the normative, constitutional perspective of public administration to study administrators’ decision-making process that balances economic, political, and community interests—often in that order. It is about facilitating dialogue between public officials and the public. This book is a tool for interested scholars, practitioners, students, and community members about the dynamic of administration of public affairs in a political context. Grounded in public administration theory, this book utilizes an in-depth, comprehensive analysis of the US Supreme Court’s landmark 2005 decision in Kelo v. New London—from the perspective of public officials and community members in the state of Connecticut (home of Kelo case)—to share a balanced narrative.
Author : Gary C. Bryner
Publisher : Pergamon
Page : 276 pages
File Size : 49,5 Mb
Release : 1987
Category : Political Science
ISBN : UOM:39015012841832
Author : Michael Manley-Casimir,Alesha D. Moffat
Publisher : Unknown
Page : 0 pages
File Size : 42,7 Mb
Release : 2012
Category : Education
ISBN : 1550594176
Every day, discretion shapes the decisions that run our schools, colleges, and universities. Every day, it alters the lives and futures of students, educators, and administrators. It's hard to overstate the impact of discretion on the incidents and issues that arise in every educational institution. Discretion affects disciplinary actions, school climate and safety, student engagement, and the health and well-being of everyone in a classroom or on a campus. What is involved in the exercise of discretion by educational administrators? This collection of papers furthers research into this important question. It presents seminal work from scholars and graduate students, as well as path-breaking analyses from other disciplines. An understanding of how discretion works--the "calculus" that bridges the rational world of empirical observation and the normative world of ethics--can lead to better decision making in our educational institutions, and a clearer perspective on how to achieve just and effective outcomes.
Author : Chad B. Newswander
Publisher : Routledge
Page : 175 pages
File Size : 42,8 Mb
Release : 2017-10-02
Category : Political Science
ISBN : 9781351986137
As first responders to public problems, administrators must survey situations, identify solutions, and occasionally make executive decisions that are binding upon the government as a whole. The ability for administrators to assert claims that orient the government in a particular direction is not only powerful, but it can also be problematic and even dangerous. For administrators, the tension between moving in a spirited way, and remaining sensible, is a problem of how to exercise one’s discretion, especially in the U.S. context, which demands that both be considered and actualized. In dealing with these competing expectations, Chad B. Newswander analyzes how administrators can incorporate executive, legislative, and judicial tendencies to help them handle the problem of discretion. Expanding the thinking of the constitutional school of public administration thought, Administrative Ethics and Executive Decisions is a theoretically grounded and empirically rich study of how administrators incorporate a constitutional ethos to handle the problem of discretion.
Author : Sofia Ranchordás,Boudewijn de Waard
Publisher : Routledge
Page : 208 pages
File Size : 54,7 Mb
Release : 2015-06-12
Category : Law
ISBN : 9781317606123
This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.