Judicial Control

Author : Rainer Arnold,José Ignacio Martínez-Estay
Publisher : Springer
Page : 446 pages
File Size : 47,7 Mb
Release : 2017-05-16
Category : Law
ISBN : 9783319551869

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Rule of Law, Human Rights and Judicial Control of Power by Rainer Arnold,José Ignacio Martínez-Estay Pdf

Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

Author : Larry A. DiMatteo,Marta Infantino,Nathalie M-P Potin
Publisher : Cambridge University Press
Page : 0 pages
File Size : 46,5 Mb
Release : 2023-03-30
Category : Law
ISBN : 1009293176

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The Cambridge Handbook of Judicial Control of Arbitral Awards by Larry A. DiMatteo,Marta Infantino,Nathalie M-P Potin Pdf

A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.

Author : Gerhard Bebr
Publisher : Springer
Page : 826 pages
File Size : 47,5 Mb
Release : 2013-12-01
Category : Law
ISBN : 9789401190190

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Development of Judicial Control of the European Communities by Gerhard Bebr Pdf

The development of the judicial control of the European Communities is perhaps best illustrated by comparing the first decision the Court of Justice rendered in December 1954, under the ECSC Treaty, with its preliminary rulings van Gend & Loos (1962), ENEL (1964) and Simmenthal II (1978) rendered under the EEC Treaty. In the first case the Court quashed a decision of the High Authority impugned by an annulment action of a Member State for an illegal exercise of Community powers - a judicial control which at the time already represented a spectacular legal in novation introduced by the ECSC Treaty. At that time the Court was, for evident reasons, still reserved as to its role within the unprecedented institutional structure of the Community. In van Gend, ENEL and Simmenthal II, on the other hand, the Court resolutely pursued a judicial policy intended to ensure an effective operation of the Community legal order, a problem hardly envisaged in 1954. In these rulings the Court characterized the emerging legal order and stated its fundamental and indispensable requirements: the unlimited supremacy of Community law and its direct effect. The development of a superior and autonomous Community legal order was finally completed by the Court's recognition of fundamental Communiry rights of individuals. This development from an initially reserved stand of the Court searching for its proper role and its potentialities to a bold and determined judicial policy is truly remarkable.

Author : Rob Bakker,A. W. Heringa,F. A. M. Stroink
Publisher : Maklu
Page : 172 pages
File Size : 49,7 Mb
Release : 1995
Category : Law
ISBN : 9062155081

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Judicial Control by Rob Bakker,A. W. Heringa,F. A. M. Stroink Pdf

Author : Louis Leventhal Jaffe
Publisher : Unknown
Page : 816 pages
File Size : 54,9 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 : David William Elliott
Publisher : Unknown
Page : 409 pages
File Size : 50,5 Mb
Release : 2011
Category : Judicial review of administrative acts
ISBN : 1553222318

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Judicial Control of Administrative Action by David William Elliott Pdf

Author : William John Kenneth Diplock Baron Diplock,Sir Kenneth Diplock
Publisher : Unknown
Page : 38 pages
File Size : 47,9 Mb
Release : 1980
Category : Administrative law
ISBN : STANFORD:36105062999169

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Judicial Control of Government by William John Kenneth Diplock Baron Diplock,Sir Kenneth Diplock Pdf

Author : Christopher F. Edley
Publisher : Yale University Press
Page : 288 pages
File Size : 40,6 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.

Author : Sara Blake
Publisher : Markham, Ont. : Butterworths
Page : 288 pages
File Size : 43,8 Mb
Release : 1992
Category : Law
ISBN : STANFORD:36105044566698

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Administrative Law in Canada by Sara Blake Pdf

Author : Chantal Joubert
Publisher : Rozenberg Publishers
Page : 166 pages
File Size : 41,9 Mb
Release : 2005
Category : Law
ISBN : 9789036191326

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Judicial Control of Foreign Evidence in Comparative Perspective by Chantal Joubert Pdf

Discusses judicial control of foreign evidence in comparative perspective

Author : Carissima Mathen,Michael Plaxton
Publisher : UBC Press
Page : 281 pages
File Size : 48,7 Mb
Release : 2020-06-01
Category : Law
ISBN : 9780774864305

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The Tenth Justice by Carissima Mathen,Michael Plaxton Pdf

The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn’t the case when Prime Minister Stephen Harper selected Justice Marc Nadon – a federal court judge – for appointment to Canada’s highest court. Here, for the first time, is the complete story of “the Nadon Reference” – one of the strangest sagas in Canadian legal history. The Tenth Justice offers a detailed analysis of the background, issues surrounding, and legacy of the Reference re Supreme Court Act, ss 5 and 6.

Author : John Fitzgerald Duffy
Publisher : American Bar Association
Page : 340 pages
File Size : 54,6 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 : Charles John Hamson
Publisher : Unknown
Page : 242 pages
File Size : 45,7 Mb
Release : 1954
Category : Administrative discretion
ISBN : UOM:39015022707098

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Executive Discretion and Judicial Control by Charles John Hamson Pdf

Author : Jurgen de Poorter,Ernst Hirsch Ballin,Saskia Lavrijssen
Publisher : Springer
Page : 198 pages
File Size : 47,9 Mb
Release : 2019-06-07
Category : Law
ISBN : 9789462653078

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Judicial Review of Administrative Discretion in the Administrative State by Jurgen de Poorter,Ernst Hirsch Ballin,Saskia Lavrijssen Pdf

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 : David W. (David William) Elliott
Publisher : North York, Ont. : Captus Press
Page : 287 pages
File Size : 40,6 Mb
Release : 1996
Category : Judicial review of administrative acts
ISBN : 1895712637

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Judicial Control of Administrative Action : Sourcebook by David W. (David William) Elliott Pdf