Judicial Lawmaking And Administrative Law
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Judicial Lawmaking And Administrative Law
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Author :
language : en
Publisher: Intersentia nv
Release Date : 2005
Judicial Lawmaking And Administrative Law written by and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Administrative courts categories.
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.
Administrative Law
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Author : Roscoe Pound
language : en
Publisher: University of Pittsburgh Pre
Release Date : 1942-06-15
Administrative Law written by Roscoe Pound and has been published by University of Pittsburgh Pre this book supported file pdf, txt, epub, kindle and other format this book has been release on 1942-06-15 with Law categories.
Roscoe Pound (1870-1964) taught at Harvard from 1910 until 1947, serving as dean of the Harvard Law School from 1916 to 1936. He is acknowledged as the founder of sociological jurisprudence—an interdisciplinary approach to legal concepts in which the law is recognized as a dynamic system that is influenced by social conditions and that, in turn, influences society as a whole. Pound's five-volume Jurisprudence is among the most comprehensive of twentieth-century legal works. His lectures draw direct connections between the abstract fundamentals of philosophy, using the works of Kant, Hegel, Spencer, Comte, and others, and the trends and problems of legal principles and rules. This book includes topics of: “The Place of Administration in the Legal Order”; “The Rise of Administrative Justice”; “Administrative Procedure”; “The Future of Judicial Justice”; and “Substitutes for Law”
Judicial Law Making In European Constitutional Courts
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Author : Monika Florczak-Wątor
language : en
Publisher: Routledge
Release Date : 2020-05-07
Judicial Law Making In European Constitutional Courts written by Monika Florczak-Wątor and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-07 with Law categories.
This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined. The book covers the analysis of the law-making activity of four constitutional courts in Western countries: Germany, Italy, Spain, and France; and six constitutional courts in Central–East European countries: Poland, Hungary, the Czech Republic, Slovak Republic, Latvia, and Bulgaria; as well as two international courts: the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The work thus identifies the mutual interactions between national constitutional courts and international tribunals in terms of their law-making activity. The chosen countries include constitutional courts which have been recently captured by populist governments and subordinated to political powers. Therefore, one of the purposes of the book is to identify the change in the law-making activity of those courts and to compare it with the activity of constitutional courts from countries in which democracy is not viewed as being under threat. Written by national experts, each chapter addresses a series of set questions allowing accessible and meaningful comparison. The book will be a valuable resource for students, academics, and policy-makers working in the areas of constitutional law and politics.
Constitutional Law Administrative Law And Human Rights
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Author : Ian Loveland
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Constitutional Law Administrative Law And Human Rights written by Ian Loveland 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 2015 with Law categories.
Constitutional Law, Administrative Law and Human Rights provides a unique, cross-disciplinary approach to the study of public law. Engaging, critical and stimulating, it enables the reader to gain a thorough and fundamental appreciation of the law in its wider context.
Is Administrative Law Unlawful
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Author : Philip Hamburger
language : en
Publisher: University of Chicago Press
Release Date : 2014-05-27
Is Administrative Law Unlawful written by Philip Hamburger and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-27 with Law categories.
“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Law S Abnegation
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Author : Adrian Vermeule
language : en
Publisher: Harvard University Press
Release Date : 2016-11-14
Law S Abnegation written by Adrian Vermeule and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-14 with Law categories.
Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.
The Timing Of Lawmaking
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Author : Frank Fagan
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-03-31
The Timing Of Lawmaking written by Frank Fagan and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-31 with categories.
Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book revisits older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future?
Due Process Of Lawmaking
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Author : Susan Rose-Ackerman
language : en
Publisher: Cambridge University Press
Release Date : 2015-01-22
Due Process Of Lawmaking written by Susan Rose-Ackerman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-22 with Law categories.
This comparative study of the law of lawmaking demonstrates the interplay between constitutional principles and political imperatives in four modern polities.
Supreme Courts And Judicial Law Making
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Author : Edward McWhinney
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1986
Supreme Courts And Judicial Law Making written by Edward McWhinney and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Law categories.
This book gives a broad understanding of the Belgian Constitutional History including a General Introduction, the Sources of Constitutional Law, its Form of Government, The State & its Subdivisions, Citizenship & its Administration of Justice & Specific Problems. Added features of this publication include a list of abbreviations, an extensive glossary, maps, & charts. This book is an offprint of the International Encyclopaedia of Laws: Constitutional Law .
An Introduction To The Study Of The Law Of The Constitution
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Author : A.V. Dicey
language : en
Publisher: Springer
Release Date : 1985-09-30
An Introduction To The Study Of The Law Of The Constitution written by A.V. Dicey and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-09-30 with Social Science categories.
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.