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Author : Stanley A. De Smith,John Maxwell Evans
Publisher : Unknown
Page : 704 pages
File Size : 46,9 Mb
Release : 1980
Category : Judicial review of administrative acts
ISBN : UCAL:B4160329
Author : Swati Jhaveri,Michael Ramsden
Publisher : Cambridge University Press
Page : 447 pages
File Size : 53,9 Mb
Release : 2021-03-18
Category : Law
ISBN : 9781108481571
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Author : Armin Uhler
Publisher : Unknown
Page : 252 pages
File Size : 54,8 Mb
Release : 1942
Category : Administrative law
ISBN : UOM:39015020482363
Author : Lord Woolf,Jeffrey Jowell
Publisher : Unknown
Page : 128 pages
File Size : 43,5 Mb
Release : 1995-11
Category : Law
ISBN : 0420466207
Author : C. J. Smith
Publisher : Unknown
Page : 0 pages
File Size : 50,9 Mb
Release : 1995
Category : Electronic
ISBN : OCLC:1431289119
Author : Stanley A. DeSmith,Harry Woolf,Jeffrey Jowell
Publisher : Unknown
Page : 128 pages
File Size : 52,6 Mb
Release : 1998-06-04
Category : Electronic
ISBN : 042163880X
Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 51,5 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 : Chris Backes,Mariolina Eliantonio
Publisher : Bloomsbury Publishing
Page : 1031 pages
File Size : 51,7 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 : Mark I. Aronson,Bruce D. Dyer
Publisher : Unknown
Page : 854 pages
File Size : 53,8 Mb
Release : 2000
Category : Abuse of administrative power
ISBN : STANFORD:36105062232868
Author : Stanley Alexander De Smith
Publisher : Unknown
Page : 0 pages
File Size : 43,5 Mb
Release : 1973
Category : Electronic
ISBN : LCCN:73179674
Author : Mariolina Eliantonio,Dacian C. Dragos
Publisher : Taylor & Francis
Page : 270 pages
File Size : 45,8 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 : Jurgen de Poorter,Ernst Hirsch Ballin,Saskia Lavrijssen
Publisher : Springer
Page : 198 pages
File Size : 55,8 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
Publisher : London : Stevens
Page : 608 pages
File Size : 40,7 Mb
Release : 1973
Category : Administrative acts
ISBN : UCAL:B4160330
Author : Louis Leventhal Jaffe
Publisher : Unknown
Page : 816 pages
File Size : 44,5 Mb
Release : 1965
Category : Law
ISBN : STANFORD:36105044109143
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 : S. A. De Smith,Sir Harry Woolf,Jeffrey L. Jowell
Publisher : Unknown
Page : 128 pages
File Size : 49,9 Mb
Release : 1995
Category : Electronic
ISBN : 0421691107
