Judicial Control Of Government
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Judicial Control Of Government
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Author : William John Kenneth Diplock Baron Diplock
language : en
Publisher:
Release Date : 1980
Judicial Control Of Government written by William John Kenneth Diplock Baron Diplock and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Administrative law categories.
Legal Control Of Government Administrative Law In Britain And The United States
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Author : Bernard Schwartz
language : en
Publisher: Oxford : Clarendon Press
Release Date : 1972
Legal Control Of Government Administrative Law In Britain And The United States written by Bernard Schwartz and has been published by Oxford : Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Administrative law categories.
This work compares the sytems of legal power limits for the governments of these two countries. It includes discussions of judical interpretations and legislative reforms, such as the Administrative Procedure Acts in the United States and the Council on Tribunals and the Parliamentary Commissioner in Great Britain.
Administrative Law And Government Action
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Author : Hazel Genn
language : en
Publisher: Oxford University Press, USA
Release Date : 1994
Administrative Law And Government Action written by Hazel Genn and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Administrative law categories.
Administrative Law and Government Action offers a new collection of essays on important and often contentious aspects of administrative law: the propriety of judicial intervention in government, for example, and the implications of our membership of the European Union. The individual contributions are informed by a wide variety of theoretical perspectives, and are drawn together by certain common themes: the constitutional role of judicial review, its efficacy as a mechanism for the regulation of government decision-making, and the scope and impact of alternative mechanisms, such as tribunals, administrative reviews and ombudsmen. All chapters address issues of current significance and, while some develop a broad conceptual analysis, others rely on a more internal critique. Each contributor sets out both to provide an accessible synthesis of existing literature and to develop his or her own critical approach. Considerable emphasis is also placed on the results of relevant empirical research where available. The volume falls into two parts. Part I is concerned primarily with judicial review and its appropriate constitutional role, while Part II discusses alternative mechanisms for the regulation of government action.
Administrative Law
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Author : Christopher F. Edley
language : en
Publisher: Yale University Press
Release Date : 1992-07-29
Administrative Law written by Christopher F. Edley and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-07-29 with Law categories.
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.
Judicial Control Of Government Action
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Author : John Greenwood Collier
language : en
Publisher: Springer
Release Date : 1988-07-07
Judicial Control Of Government Action written by John Greenwood Collier and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-07-07 with Science categories.
Development Of Judicial Control Of The European Communities
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Author : Gerhard Bebr
language : en
Publisher: Springer
Release Date : 2013-12-01
Development Of Judicial Control Of The European Communities written by Gerhard Bebr and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-01 with Law categories.
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.
Rule Of Law Human Rights And Judicial Control Of Power
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Author : Rainer Arnold
language : en
Publisher: Springer
Release Date : 2017-05-16
Rule Of Law Human Rights And Judicial Control Of Power written by Rainer Arnold and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-16 with Law categories.
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.
The Birth Of Judicial Politics In France
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Author : Alec Stone Sweet
language : en
Publisher: Oxford University Press, USA
Release Date : 1992
The Birth Of Judicial Politics In France written by Alec Stone Sweet and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Constitutional courts categories.
The French Constitutional Council, a quasi-judicial body created at the dawn of the Fifth Republic, functioned in relative obscurity for almost two decades until its emergence in the 1980s as a pivotal actor in the French policymaking process. Alec Stone focuses on how this once docile institution, through its practice of constitutional review, has become a meaningfully autonomous actor in the French political system. After examining the formal prohibition against judicial review in France, Stone illustrates how politicians and the Council have collaborated over the course of the last decade, often unintentionally and in the service of contradictory agendas, to significantly enhance Council's power. While the Council came to function as a third house of Parliament, the legislative work of the government and Parliament was meaningfully "juridicized." Through a discussion of broad theoretical issues, Stone then expands the scope of his analysis to the politics of constitutional review in Germany, Spain, and Austria.
Judicial Review Of Administrative Discretion In The Administrative State
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Author : Jurgen de Poorter
language : en
Publisher: Springer
Release Date : 2019-06-07
Judicial Review Of Administrative Discretion In The Administrative State written by Jurgen de Poorter and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-07 with Law categories.
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.
Executive Discretion And Judicial Control
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Author : Charles John Hamson
language : en
Publisher:
Release Date : 1954
Executive Discretion And Judicial Control written by Charles John Hamson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1954 with Administrative discretion categories.