Administrative Discretion Judicial Review PDF Download
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Author | : Jurgen de Poorter |
Publisher | : Springer |
Total Pages | : 198 |
Release | : 2019-06-07 |
Genre | : Law |
ISBN | : 9462653070 |
Download Judicial Review of Administrative Discretion in the Administrative State Book in PDF, ePub and Kindle
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 | : Jurgen C. A. Poorter |
Publisher | : |
Total Pages | : |
Release | : 2019 |
Genre | : Administrative law |
ISBN | : 9789462653085 |
Download Judicial Review of Administrative Discretion in the Administrative State Book in PDF, ePub and Kindle
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. --
Author | : P. Hemalatha Devi |
Publisher | : Mittal Publications |
Total Pages | : 280 |
Release | : 1994 |
Genre | : Administrative discretion |
ISBN | : 9788170995418 |
Download Administrative Discretion & Judicial Review Book in PDF, ePub and Kindle
Author | : Adam Szot |
Publisher | : Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften |
Total Pages | : 146 |
Release | : 2019 |
Genre | : Judicial review of administrative acts |
ISBN | : 9783631668900 |
Download Judicial Review of Administrative Discretion Book in PDF, ePub and Kindle
The publication shows the impact of judicial decisions on the discretionary power of public administration. This issue is analysed in relation to the process of issuing individual decisions by the administration, which have a dominant influence on the sphere of rights and freedoms of man. Judicial influence on public administration discretion is shown in the context of various models of judicial control of public administration.
Author | : Guobin Zhu |
Publisher | : Springer Nature |
Total Pages | : 445 |
Release | : 2019-11-23 |
Genre | : Law |
ISBN | : 3030315398 |
Download Deference to the Administration in Judicial Review Book in PDF, ePub and Kindle
This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Author | : John Dickinson |
Publisher | : |
Total Pages | : 34 |
Release | : 1941 |
Genre | : |
ISBN | : |
Download Judicial Review of Administrative Determinations: a Summary and Evaluation Book in PDF, ePub and Kindle
Author | : Steven Alan Childress |
Publisher | : |
Total Pages | : 898 |
Release | : 1999 |
Genre | : Appellate procedure |
ISBN | : |
Download Federal Standards of Review: Criminal cases and administrative appeals Book in PDF, ePub and Kindle
Author | : Christopher F. Edley |
Publisher | : Yale University Press |
Total Pages | : 288 |
Release | : 1992-07-29 |
Genre | : Law |
ISBN | : 9780300052534 |
Download Administrative Law Book in PDF, ePub and Kindle
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 | : Mariolina Eliantonio |
Publisher | : Taylor & Francis |
Total Pages | : 270 |
Release | : 2022-11-11 |
Genre | : Law |
ISBN | : 1000781364 |
Download Indirect Judicial Review in Administrative Law Book in PDF, ePub and Kindle
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 | : Scott Allen Clayton |
Publisher | : |
Total Pages | : |
Release | : 2015 |
Genre | : LAW |
ISBN | : 9781593328108 |
Download Judicial Review of Administrative Discretion Book in PDF, ePub and Kindle