Legal Control Of Government Administrative Law In Britain And The United States
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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 Language Arts & Disciplines 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.
Comparative Administrative Law
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Author : Frank Johnson Goodnow
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2005
Comparative Administrative Law written by Frank Johnson Goodnow and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Administrative law categories.
Reprint of the first edition. Volume I: Organization. Volume II: Legal Relations. Referring to this book in One Hundred Years of Administrative Law (1937), Arthur Vanderbilt wrote that "Goodnow was the first to perceive the peculiar significance for the study of administrative law of the comparative method as applied to the administrative systems of France, Germany, England and the United States, which, although involving common problems, also present sharp contrasts at many vital points" (I:120-121). While a member of the Columbia faculty, FRANK J. GOODNOW [1859-1939] was the first individual in the United States to hold a professorship in administrative law. He became the first president of the American Political Science Association, which offers an annual award in his name. He was president of Johns Hopkins University from 1915-1929.
Introduction To Administrative Law
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Author : Neil Hawke
language : en
Publisher: Cavendish Publishing
Release Date : 1996-02-19
Introduction To Administrative Law written by Neil Hawke and has been published by Cavendish Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-02-19 with Law categories.
The book is designed to provide a comprehensive and readable insight into the structure of contemporary legal controls of administrative power through the courts,Parliament and other agencies. The mult-faceted role of the law in the context of an unwritten constitution is stressed.
The Principles Of The Administrative Law Of The United States
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Author : Frank Johnson Goodnow
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2003
The Principles Of The Administrative Law Of The United States written by Frank Johnson Goodnow and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Administrative law categories.
THE DISTINCTION BETWEEN "POLITICS" AND "ADMINISTRATION" According to Goodnow, politics is concerned with policy and other expressions of state will. Administration is concerned with the faithful execution of enacted legislation. He observes that administration has a tendency to overstep this boundary and concedes that politics must therefore monitor administration to keep it in line with the state's will. Reprint of first edition. "From both the legal and historical standpoint the book contains many things that are richly suggestive. There is very little in our legal or political literature so penetrating as for example the exposition of the effects of confinement of the principle of separation of powers to the central government. (...) It is not written for the legal profession directly, but to those lawyers who seek more than a working tool in their profession, a true appraisement of the administrative law, it will appeal. The writing of such a work moreover is a signal public service." --6 Columbia Law Review (1906) 133 While a member of the Columbia faculty, FRANK J. GOODNOW [1859-1939] was the first individual in the United States to hold a professorship in administrative law. He became the first president of the American Political Science Association, which offers an annual award in his name, and was president of Johns Hopkins University from 1915-1929.
Law And Administration
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Author : Carol Harlow
language : en
Publisher: Cambridge University Press
Release Date : 2006
Law And Administration written by Carol Harlow 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 2006 with Law categories.
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.
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.
Concerning English Administrative Law
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Author : Sir Cecil Thomas Carr
language : en
Publisher: AMS Press
Release Date : 1941
Concerning English Administrative Law written by Sir Cecil Thomas Carr and has been published by AMS Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1941 with Law categories.
The Oxford Handbook Of Comparative Administrative Law
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Author : Peter Cane
language : en
Publisher: Oxford University Press
Release Date : 2020-12-17
The Oxford Handbook Of Comparative Administrative Law written by Peter Cane and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-17 with Law categories.
The comparative study of administrative law has a long history dating back more than 200 years. It has enjoyed a renaissance in the past 15 years or so and now sits alongside fields such as comparative constitutional law and global administrative law as a well-established area of scholarly research. This book is the first to provide a broad and systematic view of the subject both in terms of the topics covered and the legal traditions surveyed. In its various parts it surveys the historical beginnings of comparative administrative law scholarship, discusses important methodological issues, examines the relationship between administrative law and regime type, analyses basic concepts such as 'administrative power' and 'accountability', and deals with the creation, functions, and control of administrative power, and values of administration. The final part looks to the future of this young sub-discipline. In this volume, distinguished experts and leaders in the field discuss a wide range of issues in administrative law from a comparative perspective. Administrative law is concerned with the conferral, nature, exercise, and legal control of administrative (or 'executive') governmental power. It has close links with other areas of 'public law', notably constitutional law and international law. It is of great interest and importance not only to lawyers but also to students of politics, government, and public policy. Studying public law comparatively helps to identify both similarities and differences between the way government power and its control is managed in different countries and legal traditions.
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.