Indirect Judicial Review In Administrative Law

Author : Mariolina Eliantonio,Dacian C. Dragos
Publisher : Taylor & Francis
Page : 270 pages
File Size : 43,5 Mb
Release : 2022-11-11
Category : Law
ISBN : 9781000781366

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Indirect Judicial Review in Administrative Law by Mariolina Eliantonio,Dacian C. Dragos Pdf

This book provides a comparative analysis of the concept and concrete application of the system of indirect review of administrative action. The indirect review of administrative action is a judicial review mechanism that permits re-visiting already settled administrative measures. As an indirect way of challenging the validity of a measure or act by attacking the legal basis on which it is founded, it can regard either general acts or individual acts and measures. This book explores whether the system of indirect review is a suitable remedy for modern administrative justice, assessing whether it fairly balances the legality and the legal certainty principles. It examines the tension between the two principles and seeks to establish what the standards of review are and whether a common European trend can be discerned by analysing the theory and practice from jurisdictions in Western and Eastern Europe, as well as the EU legal system. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Administrative Law, EU law, and Public Administration.

Author : Stanley A. DeSmith,Harry Woolf,Jeffrey Jowell
Publisher : Unknown
Page : 128 pages
File Size : 50,5 Mb
Release : 1998-06-04
Category : Electronic
ISBN : 042163880X

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Judicial Review of Administrative Action by Stanley A. DeSmith,Harry Woolf,Jeffrey Jowell Pdf

Author : C. J. Smith
Publisher : Unknown
Page : 0 pages
File Size : 55,9 Mb
Release : 1995
Category : Electronic
ISBN : OCLC:1431289119

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Judicial Review of Administrative Action by C. J. Smith Pdf

Author : Armin Uhler
Publisher : Unknown
Page : 252 pages
File Size : 40,8 Mb
Release : 1942
Category : Administrative law
ISBN : UOM:39015020482363

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Review of Administrative Acts by Armin Uhler Pdf

Author : S. A. De Smith
Publisher : Unknown
Page : 128 pages
File Size : 55,8 Mb
Release : 1995
Category : Electronic
ISBN : OCLC:225272126

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Judicial Review of Administrative Action by S. A. De Smith Pdf

Author : S. A. De Smith,Sir Harry Woolf,Jeffrey L. Jowell
Publisher : Unknown
Page : 128 pages
File Size : 51,9 Mb
Release : 1995
Category : Electronic
ISBN : 0421691107

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Judicial Review of Administrative Action by S. A. De Smith,Sir Harry Woolf,Jeffrey L. Jowell Pdf

Author : Louis Leventhal Jaffe
Publisher : Unknown
Page : 816 pages
File Size : 54,8 Mb
Release : 1965
Category : Law
ISBN : STANFORD:36105044109143

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Judicial Control of Administrative Action by Louis Leventhal Jaffe Pdf

Collection of articles on legal aspects and control of the administration of justice in the USA and examination of major aspects of the relationship between agencies of economic administration and other forms of public administration and courts of law - includes relevant jurisprudence.

Author : Hugh Southey,Amanda Weston (Barrister),Jude Bunting,Raj Desai
Publisher : Jordan Publishing (GB)
Page : 0 pages
File Size : 52,8 Mb
Release : 2017
Category : Administrative remedies
ISBN : 1784730963

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Judicial Review by Hugh Southey,Amanda Weston (Barrister),Jude Bunting,Raj Desai Pdf

Judicial Review: A Practical Guide is a handbook which aims to be a first port of call in all matters concerning judicial review applications, whether in civil or criminal proceedings. This new edition has been significantly amended to take account of the following developments in law and practice, including: * Development of the Unified Tribunal system with transfers of judicial reviews * Regionalisation of Administrative Court * Clear development of mistake of fact as a mistake of law * Increasing understanding of the impact of the Human Rights Act * Limitations upon judicial review in the context of immigration * Ongoing case-law developments * Changes to Appeals (CPR Pt 52) * Developments in costs and funding In addition to the authors' commentary, Judicial Review: A Practical Guide contains over 20 precedents covering all aspects of the litigation process, together with all the main legislative and judicial materials.

Author : John Fitzgerald Duffy
Publisher : American Bar Association
Page : 340 pages
File Size : 55,9 Mb
Release : 2005
Category : Administrative agencies
ISBN : 1590314832

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A Guide to Judicial and Political Review of Federal Agencies by John Fitzgerald Duffy Pdf

"This book provides a thorough overview of the law of judicial and political control of federal agencies. The primary focus is on the availability and scope of judicial review, but the book also discusses the control exercised by the U.S. president and Congress"--Provided by publisher.

Author : Steven Cann
Publisher : Routledge
Page : 615 pages
File Size : 42,7 Mb
Release : 2018-06-14
Category : Social Science
ISBN : 9781351729147

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Administrative Law by Steven Cann Pdf

This title was first published in 2002. Designed to complement the first volume on administrative law which was published as part of the original series of "The International Library of Essays in Law and Legal Theory", the articles contained in this volume pick up on themes dealt with in the first, while others reflect different concerns and new developments in administrative law scholarship. It offers a representative sample of the best contemporary writing in administrative law - theoretical, empirical and doctrinal. What ties all the essays in this volume together is not that they fall within the province of administrative law, but that they are all concerned with the legal framework within which government business is conducted, and government policies are pursued, by executive action.

Author : Matthew Lewans
Publisher : Unknown
Page : 128 pages
File Size : 44,9 Mb
Release : 2016
Category : Administrative law
ISBN : 1474202934

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Administrative Law and Judicial Deference by Matthew Lewans Pdf

Should judges defer to administrative decisions? This book examines how the common law of judicial review has responded to the development of the administrative state in three different common law jurisdictions-the United Kingdom, the United States of America, and Canada-over the past one hundred years.

Author : Lorne Mitchell Sossin,Colleen Marion Flood
Publisher : Unknown
Page : 607 pages
File Size : 43,5 Mb
Release : 2013
Category : Administrative law
ISBN : 1552394719

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Administrative Law in Context by Lorne Mitchell Sossin,Colleen Marion Flood Pdf

Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 43,8 Mb
Release : 2021
Category : Law
ISBN : 9780192896919

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Understanding Administrative Law in the Common Law World by Paul Daly Pdf

A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

Author : John Frederick Northey,G. C. Thorpe
Publisher : Unknown
Page : 31 pages
File Size : 40,7 Mb
Release : 1981
Category : Judicial review of administrative acts
ISBN : 0908581149

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The Basis of Judicial Review in Administrative Law by John Frederick Northey,G. C. Thorpe Pdf

Author : Christopher F. Edley
Publisher : Yale University Press
Page : 288 pages
File Size : 44,5 Mb
Release : 1992-07-29
Category : Law
ISBN : 0300052537

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Administrative Law by Christopher F. Edley Pdf

This seminal book presents a fundamental reconsideration of modern American administrative law. According to Christopher Edley, the guiding principle in this field is that courts should apply legal doctrines to control the discretion of unelected bureaucrats. In practice, however, these doctrines simply give unelected judges largely unconstrained--and inescapable--discretion. Assessed on its own terms, says Edley, administrative law is largely a failure. He discussed why and how this is so and argues that law should abandon its obsession with bureaucratic discretion and pursue instead the direct promotion of sound governance. Edley demonstrates that legal analyses of separation of powers and of judicial oversight of agencies implicitly use three decision-making paradigms: politics, scientific expertise, and adjudicatory fairness. Conventional wisdom maintains, for example, that judges should hesitate to question the political choices of legislators and the expertise of administrators, but need not be so deferential in addressing questions of law. Such judicial efforts to police governance have largely failed because, as Edley shows in several contexts, they attempt to appraise decision-making paradigms as though they were separable when in fact the important decisions of both judges and political officials combine elements of politics, science, and fairness. According to Edley, unsustainable boundaries among these paradigms cannot be a satisfactory basis for deciding when a court should interfere. Law must stop focusing on separation of powers and instead direct attention to such issues as bureaucratic incompetence, systemic agency delay, and political bias.