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Author : John Frederick Northey,G. C. Thorpe
Publisher : Unknown
Page : 31 pages
File Size : 42,8 Mb
Release : 1981
Category : Judicial review of administrative acts
ISBN : 0908581149
Author : Lorne Mitchell Sossin,Colleen Marion Flood
Publisher : Unknown
Page : 607 pages
File Size : 43,8 Mb
Release : 2013
Category : Administrative law
ISBN : 1552394719
Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 42,7 Mb
Release : 2021
Category : Law
ISBN : 9780192896919
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 : Jurgen de Poorter,Ernst Hirsch Ballin,Saskia Lavrijssen
Publisher : Springer
Page : 198 pages
File Size : 53,5 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 : Stanley A. De Smith,John Maxwell Evans
Publisher : Unknown
Page : 704 pages
File Size : 43,8 Mb
Release : 1980
Category : Judicial review of administrative acts
ISBN : UCAL:B4160329
Author : Chris Backes,Mariolina Eliantonio
Publisher : Bloomsbury Publishing
Page : 1031 pages
File Size : 52,5 Mb
Release : 2019-08-08
Category : Law
ISBN : 9781509921485
This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.
Author : Giacinto della Cananea,Mauro Bussani
Publisher : Oxford University Press
Page : 400 pages
File Size : 51,8 Mb
Release : 2021-08-23
Category : Law
ISBN : 9780192637710
This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals not only differences but also some common and connecting elements, in a 'common core' perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the 'common core' method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a 'common core' exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.
Author : Mariolina Eliantonio,Dacian C. Dragos
Publisher : Taylor & Francis
Page : 270 pages
File Size : 43,9 Mb
Release : 2022-11-11
Category : Law
ISBN : 9781000781366
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 : Mark Elliott
Publisher : Hart Publishing
Page : 293 pages
File Size : 45,7 Mb
Release : 2001-03
Category : Law
ISBN : 9781841131801
This book comprehensively analyses the foundations of judicial review.
Author : Simon Halliday
Publisher : Bloomsbury Publishing
Page : 206 pages
File Size : 46,5 Mb
Release : 2004-05-08
Category : Law
ISBN : 9781847310637
How effective is judicial review in securing compliance with administrative law? This book presents an empirically-based study of the influence of judicial review on government agencies. In doing so,it explores judicial review from a regulatory perspective and uses the insights of the regulation literature to reflect on the capacity of judicial review to modify government behaviour. On the basis of extensive research with heavily litigated government agencies, the book develops a framework for analysing and researching the regulatory capacity of judicial review. Combining empirical and legal analysis, it describes the conditions which must exist to maximise judicial review's capacity to secure compliance with administrative law.
Author : Christopher Forsyth,C. F. Forsyth
Publisher : Hart Publishing
Page : 480 pages
File Size : 42,5 Mb
Release : 2000-08-04
Category : Law
ISBN : 9781841131054
Contains papers and comments from the conference on the Foundations of Judicial Review, held in Cambridge, England, May 22, 1999, and some previously published papers.
Author : Edith G. Henderson
Publisher : Cambridge : Harvard University Press
Page : 224 pages
File Size : 46,6 Mb
Release : 1963
Category : Law
ISBN : UCAL:B2797324
"Supposing that an Englishman felt himself hurt by the illegal action of a government official, what could he do? Could he challenge the official action in court with a view to stopping it or obtaining redress for his wrong? Could this be done promptly and easily? In the years 1600-1750, two new legal remedies - new modes of proceeding in the courts - were developed which gave the aggrieved subject quicker and easier relief from illegal action by officials", Miss Henderson writes. These two new remedies, the writs of mandamus and certiorari, are the basis for modern Anglo-American administrative law. Miss Henderson traces the development of mandamus and certiorari in England in the seventeenth and early eighteenth centuries. She gives us first a picture of the structure of local government, both in country and town, pointing out the areas where injustice might occur because of the citizen's inability to hold the local officials accountable. She describes in detail the development of the doctrine of limited judicial review, which was partly implicit in the older remedy of prohibition and common-law suits, and was made explicit in the new remedies of mandamus and certiorari.
Author : Anonim
Publisher : Intersentia nv
Page : 359 pages
File Size : 44,7 Mb
Release : 2005
Category : Administrative courts
ISBN : 9789050954631
The book before carries a broad title. In the Dutch literature, the terms lawfinding and lawmaking are often used interchangeably. From a legal point of view, however, it makes quite a difference to the position of the court whether lawfinding or lawmaking is meant. Why write a book about lawmaking by the courts just in the area of administrative law? In administrative law, the administration is positioned between the legislature and the judiciary. The courts review decisions taken by the administration in implementing the law; however, where the administration has often been granted a degree of discretion, the courts access the lawfulness of the decision. The relation administration-judiciary raises so many specific questions that it justifies a book on judicial lawmaking in administrative matters. The authors are all members of the research program Public Law of the Ius Commune School.
Author : Stanley Alexander De Smith
Publisher : Unknown
Page : 0 pages
File Size : 51,8 Mb
Release : 1973
Category : Electronic
ISBN : LCCN:73179674
Author : Christopher F. Edley
Publisher : Yale University Press
Page : 288 pages
File Size : 48,9 Mb
Release : 1992-07-29
Category : Law
ISBN : 0300052537
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.