The Conditions Of Discretion

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The Conditions of Discretion

Joel Handler
The Conditions of Discretion Book PDF

Author : Joel Handler
Publisher : Russell Sage Foundation
Page : 342 pages
File Size : 52,7 Mb
Release : 1986-08-20
Category : Political Science
ISBN : 9781610442671

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The Conditions of Discretion by Joel Handler Pdf

This timely book is concerned with interactions between ordinary people and large public bureaucracies—interactions that typically are characterized by mutual frustration and antagonism. In fact, as Joel Handler points out, the procedural guidelines intended to ensure fairness and due process fail to take account of an initial imbalance of power and tend to create adversarial rather than cooperative relationships. When the special education needs of a handicapped child must be determined, parents and school administrators often face an especially painful confrontation. The Conditions of Discretion focuses on one successful approach to educational decision making (developed by the school district of Madison, Wisconsin) in order to illustrate how such interactions can be restructured and enhanced. Madison's creative plan regards parents as part of the solution, not the problem, and uses "lay advocates" to turn conflict into an opportunity for communication. Arrangements such as these, in Handler's analysis, exemplify the theoretical conditions under which discretionary decisions can be made fairly and with the informed participation of all concerned. The Conditions of Discretion offers not only a detailed case study, sympathetically described, but also persuasive assessments of major themes in contemporary legal and social policy—informed consent, bureaucratic change, social movement activity, the relationship of the individual to the state. From these strands, Handler weaves a significant new theory of cooperative decision making that integrates the public and the private, recognizes the importance of values, and preserves autonomy within community. "A masterful blend of social criticism, social sciences, and humane, constructive thought about the future of the welfare state." —Duncan Kennedy, Harvard Law School

Street-Level Bureaucracy

Michael Lipsky
Street Level Bureaucracy Book PDF

Author : Michael Lipsky
Publisher : Russell Sage Foundation
Page : 263 pages
File Size : 52,6 Mb
Release : 1983-06-29
Category : Political Science
ISBN : 9781610443623

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Street-Level Bureaucracy by Michael Lipsky Pdf

Street-Level Bureaucracy is an insightful study of how public service workers, in effect, function as policy decision makers, as they wield their considerable discretion in the day-to-day implementation of public programs.

Discretion in the Welfare State

Anders Molander
Discretion in the Welfare State Book PDF

Author : Anders Molander
Publisher : Taylor & Francis
Page : 101 pages
File Size : 55,5 Mb
Release : 2016-09-13
Category : Political Science
ISBN : 9781315450476

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Discretion in the Welfare State by Anders Molander Pdf

Welfare state professionals decide or establish premises as to whom will receive what, in what manner, when and how much, and when enough is enough. They control who passes through the gates of the welfare state. This book provides an in-depth understanding of the phenomenon of discretion. It shows why the delegation of discretionary powers to professionals in the front-line of the welfare state is both unavoidable and problematic. Extensive use of discretion can threaten the principles of the rule of law and relinquish democratic control over the implementation of laws and policies. The book introduces an understanding of discretion that adds an epistemic dimension (discretion as a mode of reasoning) to the common structural understanding of discretion (an area of judgment and decision). Accordingly, it distinguishes between structural and epistemic measures of accountability. The aim of the former is to constrain discretionary spaces or the behavior within them while the aim of the latter is to improve the quality of discretionary reasoning. This text will be of key interest to scholars and students in the fields of applied philosophy, public policy and public administration, welfare state research, and the sociology of professions.

Handled with Discretion

John Kleinig
Handled with Discretion Book PDF

Author : John Kleinig
Publisher : Rowman & Littlefield
Page : 246 pages
File Size : 45,7 Mb
Release : 1996
Category : Business & Economics
ISBN : 0847681777

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Handled with Discretion by John Kleinig Pdf

This collection of essays examines the nature of police discretion and its many varieties. The essays explore the kinds of judgment calls police officers frequently must make : When should they get involved? Whom should they watch? What constitutes a disturbance of the peace? What resources should be devoted to a situation? Does social welfare take precedence over law enforcement? Under what conditions, if any, may police officers engage in selective enforcement of the law? Each essay or pair of essays is followed by a response, presenting contradictory or supplementary views.

Abuse of Discretion

Clarke D. Forsythe
Abuse of Discretion Book PDF

Author : Clarke D. Forsythe
Publisher : Encounter Books
Page : 498 pages
File Size : 55,9 Mb
Release : 2013-10-14
Category : Law
ISBN : 9781594036927

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Abuse of Discretion by Clarke D. Forsythe Pdf

Based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court's abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health. The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health. Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision—with such important consequences for public health, producing such prolonged political turmoil—come from the Supreme Court in 1973? Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued. Discuss Abuse of Discretion on Twitter using hashtag #AbuseOfDiscretion.

Discretion and the Quest for Controlled Freedom

Tony Evans,Peter Hupe
Discretion and the Quest for Controlled Freedom Book PDF

Author : Tony Evans,Peter Hupe
Publisher : Springer Nature
Page : 438 pages
File Size : 43,6 Mb
Release : 2019-08-21
Category : Political Science
ISBN : 9783030195663

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Discretion and the Quest for Controlled Freedom by Tony Evans,Peter Hupe Pdf

Looking at discretion broadly as the exercise of controlled freedom, this edited volume introduces insights from a range of social sciences perspectives. Traditionally, discussions of discretion have drawn on legal notions of the appropriate exercise of legitimate authority specified by legislators. However, empirical and theoretical studies in the social sciences have extended our understanding of discretion, moving us beyond a narrow legal view. Contributors from a range of disciplines explore the idea of discretion and related notions of freedom and control across social and political practices and in different contexts. As this complex and important topic is discussed and examined, both total control and unconstrained freedom appear to be illusions.

Eu Executive Discretion and the Limits of Law

Joana Mendes
Eu Executive Discretion and the Limits of Law Book PDF

Author : Joana Mendes
Publisher : Oxford University Press, USA
Page : 289 pages
File Size : 45,6 Mb
Release : 2019-05
Category : Electronic
ISBN : 9780198826668

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Eu Executive Discretion and the Limits of Law by Joana Mendes Pdf

The increase in the European Union's executive powers in the areas of economic and financial governance has thrown into sharp relief the challenges of EU law in constituting, framing, and constraining the decision-making processes and political choices that have hitherto supported European integration. The constitutional implications of crisis-induced transformations have been much debated but have largely overlooked the tension between law and discretion that the post-2010 reforms have brought to the fore. This book focuses on this tension and explores the ways in which legal norms may (or may not) constrain and structure the discretion of the EU executive. The developments in the EU's post-crisis financial and economic governance act as a reference point from which to analyze the normative problems pertaining to the law's relationship to the exercise of discretion. Structured in three parts, the book starts by analyzing the challenges to the maxim that the law both grounds and constrains EU executive and administrative discretion, setting out the concepts, problems and approaches to the relation between law and discretion both in general public law and in EU law. It progresses to analyze how these problems and approaches have unfolded in EU's financial, economic and monetary governance. Finally, it moves on from these specific developments to assess how existing legal principles and means of judicial review contribute to ensuring the rationality and legality of EU's discretionary powers.

The Judge and the Proportionate Use of Discretion

Sofia Ranchordás,Boudewijn de Waard
The Judge and the Proportionate Use of Discretion Book PDF

Author : Sofia Ranchordás,Boudewijn de Waard
Publisher : Routledge
Page : 208 pages
File Size : 42,9 Mb
Release : 2015-06-12
Category : Law
ISBN : 9781317606123

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The Judge and the Proportionate Use of Discretion by Sofia Ranchordás,Boudewijn de Waard Pdf

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.

Exercising Discretion

Loraine Gelsthorpe,Nicola Padfield
Exercising Discretion Book PDF

Author : Loraine Gelsthorpe,Nicola Padfield
Publisher : Routledge
Page : 241 pages
File Size : 47,8 Mb
Release : 2012-12-06
Category : Law
ISBN : 9781134031993

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Exercising Discretion by Loraine Gelsthorpe,Nicola Padfield Pdf

Although the exercise of discretion often plays a key part in decisions which are made within the criminal justice system, definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of individuals, officials and organisations to decide, select or interpret vague standards, requirements or statutory uncertainties.

Administrative Discretion and Problems of Accountability

Council of Europe
Administrative Discretion and Problems of Accountability Book PDF

Author : Council of Europe
Publisher : Council of Europe
Page : 204 pages
File Size : 47,5 Mb
Release : 1997-01-01
Category : Political Science
ISBN : 9287133506

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Administrative Discretion and Problems of Accountability by Council of Europe Pdf

Co-rapporteur: mrs. Mavis Maclean.

Discretion in Welfare Bureaucracies

Majka Ryan
Discretion in Welfare Bureaucracies Book PDF

Author : Majka Ryan
Publisher : Rowman & Littlefield
Page : 211 pages
File Size : 54,5 Mb
Release : 2023-08-08
Category : Social Science
ISBN : 9781538165256

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Discretion in Welfare Bureaucracies by Majka Ryan Pdf

Through case-study research, Majka Ryan offers a systematic microanalysis of discretion in a specific context of residence-based welfare conditionality derived from the labour movement directive 2004/38/EC. The latter is utilised in the coordination of social security benefits for mobile EU citizens across Europe. Ryan reveals that in Ireland and other jurisdictions, official rights, be they supranational or local, when translated into practice are shaped by different political, organisational and decision-making actors, consequently leading to an uneven distribution of substantive rights and unequal outcomes for different groups of people, disproportionately affecting those who must prove their deservingness. This book evidences how residence-based welfare conditions create a context where power is exercised freely by street-level decision-makers and illustrates how that power affects different groups in society, and consequently, how through those practices, the hegemonic discourses around legitimacy of access to public resources are reproduced.

Professional Discretion in Welfare Services

Tony Evans
Professional Discretion in Welfare Services Book PDF

Author : Tony Evans
Publisher : Routledge
Page : 200 pages
File Size : 49,9 Mb
Release : 2016-04-15
Category : Social Science
ISBN : 9781317075363

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Professional Discretion in Welfare Services by Tony Evans Pdf

Discretion has re-emerged as an issue of central importance for welfare professionals over the last two decades in the face of an intensification of management culture across the public sector. This book presents an innovative framework for the analysis of discretion, offering three accounts of the managerial role - the domination model, the street level model and the author's alternative discursive perspective. These different regimes of discretion are examined through a case study within a social services department, comparing and contrasting social work discretion in an Older Persons Team and a Mental Health Team. This innovative, theoretical and empirical analysis will be of great interest to postgraduate students and researchers in social work and related disciplines including social policy, public administration and organizational studies, as well as professionals in social work, health and education.

Understanding Street-Level Bureaucracy

Hupe, Peter,Hill, Michael,Aurélien Buffat
Understanding Street Level Bureaucracy Book PDF

Author : Hupe, Peter,Hill, Michael,Aurélien Buffat
Publisher : Policy Press
Page : 404 pages
File Size : 52,9 Mb
Release : 2015-07
Category : Political Science
ISBN : 9781447313267

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Understanding Street-Level Bureaucracy by Hupe, Peter,Hill, Michael,Aurélien Buffat Pdf

This book draws together internationally acclaimed scholars from across the world to address the roles of public officials whose jobs involve dealing directly with the public. Covering a broad range of jobs, including the delivery of benefits and services, the regulation of social and economic behavior, and the expression and maintenance of public values, the book presents in-depth discussions of different approaches, the possibilities for discretionary autonomy, and directions for further research in the field.

Bail or Jail: A Balance of Absolute and Limited Judicial Discretion

Adv. Naveen Rao
Bail or Jail A Balance of Absolute and Limited Judicial Discretion Book PDF

Author : Adv. Naveen Rao
Publisher : Prowess Publishing
Page : 226 pages
File Size : 55,5 Mb
Release : 2019-09-16
Category : Law
ISBN : 9781545747650

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Bail or Jail: A Balance of Absolute and Limited Judicial Discretion by Adv. Naveen Rao Pdf

This book on BAIL OR JAIL setting forth a flash-light of critical thinking for every Magistrate, Judge and Lawyer who should be fully equipped with knowledge of Bail Proceedings and its relevant Stages since, Ignorance of above circumstances can cause Miscarriage of Justice. It is not the purpose of the Criminal Law to confine a person accused of an alleged offence before his conviction instead off it is intended to combine the administration of justice with the liberty and convenience of the person accused. To free on conditions of Bail rather to confine in Jail is a jurisprudential jurisdiction which has been evolved in view of the fact that Administration of Justice on the spot or immediately just after the commission of the alleged offence in accordance with the rudimentary principles of an advanced Legal System in not feasible. The question, whether the alleged accused should be kept in prison or should be kept free till pending of trial, therefore, through such Application of Bail before the Court calls for assistance of Magistrates and Judges for consideration on merit in view of impending and prevailing circumstances protecting the Fundamental and Constitutional Rights of the individual accused of and uphold belief and peace in the Society where Courts also act as ultimate Guardian of their Fundamental and Constitutional Rights. It is an inability of existing judicial machinery to try accused expeditiously. “Therefore, accused cannot be detained in Judicial Custody for a long time by refusal to grant Bail” Bail is Rule of Law not the Jail. Bail is allowed to prevent the punishment of innocent persons, and to enable an accused person to prepare his defence to the charge against him. “The principle underlying release on Bail is that an accused person is presumed in law to be innocent till his guilt is proved and such presumably innocent person, he is entitled to freedom and every opportunity to look after his case, provided his attendance is secured by proper security.”

A Handbook on Discretion in Public Procurement

Despoina Kotsi
A Handbook on Discretion in Public Procurement Book PDF

Author : Despoina Kotsi
Publisher : Cambridge Scholars Publishing
Page : 386 pages
File Size : 47,8 Mb
Release : 2020-05-19
Category : Law
ISBN : 9781527552029

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A Handbook on Discretion in Public Procurement by Despoina Kotsi Pdf

This handbook details an EU case law approach to the concept of discretionary eligibility within the context of public procurement. It provides examples from the jurisprudence of the Court of Justice of the European Union (CJEU) in order to provide insights into applicable discretionary power on the part of the contracting authority. The measurement of its tolerable range, as shown here, is directly related to the entire range of European law, and in particular to the general principles guiding its very own European spirit. Both EU and WTO grammatical interpretations are highlighted here as legitimized limits to the discretionary power exercised by public authorities.