Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Download Administrative Redress In And Out Of The Courts full books in PDF, epub, and Kindle. Read online Administrative Redress In And Out Of The Courts ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author : Matthew Groves
Publisher :
ISBN 13 : 9781760022020
Total Pages : pages
Book Rating : 4.0/5 (22 download)
Download or read book Administrative Redress Inside and Outside the Court written by Matthew Groves and published by . This book was released on 2019-04-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Great Britain: Law Commission
Publisher : Editions de l'Atelier
ISBN 13 : 9780102966244
Total Pages : 80 pages
Book Rating : 4.9/5 (662 download)
Download or read book Administrative redress written by Great Britain: Law Commission and published by Editions de l'Atelier. This book was released on 2010-05-26 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this report the Law Commission sets out conclusions from its review of administrative redress in public and private law following consultation (Law Commission consultation paper 187, 2008, ISBN 9780118404532). The aim of the Commission's review was to consider when and how individuals should be able to obtain redress against public bodies that have acted in a substandard way. The report discusses individuals' access to remedies through the courts, as well as through avenues outside the court system, such as the public sector ombudsmen. In examining court-based remedies, the Commission concludes that there are good arguments for reform but, given the level of opposition to its earlier proposals and the absence of available data on the costs of compensation paid by public bodies, work will not be taken forward on reviewing this area of the law. The report does, however, recommend that government should establish a process for collecting and publishing information on the cost of public compensation. The Commission is taking forward its review of the public sector ombudsmen, following a favourable response to its proposals. The scope of the review will be extended and include suggestions for improving citizens' access to the public sector ombudsmen, and increasing the powers of ombudsmen to refer points of law to the courts. The Commission will consult on its proposals for reform of public sector ombudsmen later in 2010 and expects to make final recommendations to government the following year.
Author : Great Britain. Law Commission
Publisher : Stationery Office Books (TSO)
ISBN 13 : 9780118404532
Total Pages : 182 pages
Book Rating : 4.4/5 (45 download)
Download or read book Administrative Redress written by Great Britain. Law Commission and published by Stationery Office Books (TSO). This book was released on 2008 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This consultation paper deals with the question: when and how should the individual be able to obtain redress from a public body that has acted in a substandard manner? The Commission believes that, in principle, claimants should be entitled to obtain redress for loss caused by clearly substandard administrative action. But it also realises that special consideration should be given to the role played by public bodies when considering when and under what terms they should be liable for such losses. Part 3 of the paper analyses the mechanisms currently available for aggrieved citizens: formal complaints procedures; external non-court avenues, such as tribunals and public inquiries; public sector ombudsmen; court action. The vast majority of cases are handled effectively in the first three mechanisms. The appropriateness and effectiveness of court action is investigated, looking at judicial review and private law. In private law the analysis focuses on the torts of misfeasance in public office, breach of statutory duty and negligence. Part 4 highlights certain defects in the law relating to court-based remedies. In both public and private law, the Commission finds a strong argument for the reform of court-based administrative redress, and suggests specific reforms. To encourage the role of the ombudsmen, in part 5 the paper suggests the creation of a power to stay actions, encouraging claimants to submit suitable claims to the ombudsmen before taking court action. Secondly, it suggests that access to the ombudsmen be improved by modifying the "statutory bar" and removing the MP filter in relation to the Parliamentary Ombudsman. Part 6 examines potential costs and benefits for public bodies, possible statutory immunities and caps for individual claims. There is a need for more data on the resource implications of the suggested reforms.
Author : Simon Halliday
Publisher : Hart Publishing
ISBN 13 : 1841132659
Total Pages : 207 pages
Book Rating : 4.8/5 (411 download)
Download or read book Judicial Review and Compliance with Administrative Law written by Simon Halliday and published by Hart Publishing. This book was released on 2004-05 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book combines empirical and legal analysis to examine the influence of judicial review on government agencies.
Author : Carl Kuchman
Publisher :
ISBN 13 :
Total Pages : 400 pages
Book Rating : 4.F/5 ( download)
Download or read book California Administrative Law and Procedure written by Carl Kuchman and published by . This book was released on 1953 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael Adler
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317537
Total Pages : 542 pages
Book Rating : 4.8/5 (473 download)
Download or read book Administrative Justice in Context written by Michael Adler and published by Bloomsbury Publishing. This book was released on 2010-04-30 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises a definitive collection of papers on administrative justice, written by a set of very distinguished contributors. It is divided into five parts, each of which contains articles on a particular aspect of administrative justice. The first part deals with the impact of 'contextual changes' on administrative justice and considers the implications of changes in governance and public administration, management and service delivery, information technology, audit and accounting, and human rights for administrative justice. The second part deals with conceptual issues and describes a number of competing approaches to the administrative justice. The third part deals with the application of administrative justice principles to private law disputes while the fourth part deals with the distinctive characteristics of administrative justice in three other jurisdictions. The final part deals with current developments in administrative justice and the book concludes with a discussion of legislative and policy developments in the UK. The general approach of the book is socio-legal and interdisciplinary. The chapters adopt a variety of disciplinary perspectives, including those derived from political science, public policy, social policy, accounting and information technology as well as from law. Although most of the contributors are academics, some are practitioners. For these reasons, the book should be of interest to lawyers, particularly those with interests in administrative law, and to social scientists, particularly those with interests in public administration, public policy and public management.
Author : John Dickinson
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584772735
Total Pages : 420 pages
Book Rating : 4.5/5 (847 download)
Download or read book Administrative Justice and the Supremacy of Law in the United States written by John Dickinson and published by The Lawbook Exchange, Ltd.. This book was released on 2003 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dickinson [1894-1952] examines the relationship between administrative tribunals and the courts, and problems that arise from the judicial review of administrative determinations. This study notably offers a near-contemporary assessment of the Hepburn amendments to the Interstate Commerce Act (1906) and other changes enacted in the early 1900s.
Author : Hazel Genn
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 404 pages
Book Rating : 4.3/5 (91 download)
Download or read book Administrative Law and Government Action written by Hazel Genn and published by Oxford University Press, USA. This book was released on 1994 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Chris Backes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509921486
Total Pages : 1031 pages
Book Rating : 4.5/5 (99 download)
Download or read book Cases, Materials and Text on Judicial Review of Administrative Action written by Chris Backes and published by Bloomsbury Publishing. This book was released on 2019-08-08 with total page 1031 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Peter J. Wallison
Publisher : Encounter Books
ISBN 13 : 1641770090
Total Pages : 190 pages
Book Rating : 4.6/5 (417 download)
Download or read book Judicial Fortitude written by Peter J. Wallison and published by Encounter Books. This book was released on 2018-10-16 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Peter J. Wallison argues that the administrative agencies of the executive branch have gradually taken over the legislative role of Congress, resulting in what many call the administrative state. The judiciary bears the major responsibility for this development because it has failed to carry out its primary constitutional responsibility: to enforce the constitutional separation of powers by ensuring that the elected branches of government—the legislative and the executive—remain independent and separate from one another. Since 1937, and especially with the Chevron deference adopted by the Supreme Court in 1984, the judiciary has abandoned this role. It has allowed Congress to delegate lawmaking authorities to the administrative agencies of the executive branch and given these agencies great latitude in interpreting their statutory authorities. Unelected officials of the administrative state have thus been enabled to make decisions for the American people that, in a democracy, should only be made by Congress. The consequences have been grave: unnecessary regulation has imposed major costs on the U.S. economy, the constitutional separation of powers has been compromised, and unabated agency rulemaking has created a significant threat that Americans will one day question the legitimacy of their own government. To address these concerns, Wallison argues that the courts must return to the role the Framers expected them to fulfill.
Author : Louis Leventhal Jaffe
Publisher :
ISBN 13 :
Total Pages : 816 pages
Book Rating : 4.F/5 ( download)
Download or read book Judicial Control of Administrative Action written by Louis Leventhal Jaffe and published by . This book was released on 1965 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Robert J. Hume
Publisher : Routledge
ISBN 13 : 1135838127
Total Pages : 209 pages
Book Rating : 4.1/5 (358 download)
Download or read book How Courts Impact Federal Administrative Behavior written by Robert J. Hume and published by Routledge. This book was released on 2009-05-07 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: What impact do federal courts have on the administrative agencies of the federal government? How do agencies react to the decisions of federal courts? This book answers these questions by examining the responses of federal agencies to the U.S. Courts of Appeals, revealing what happens inside agencies after courts rule against them. Robert J. Hume draws upon dozens of interviews with current and former administrators, taking readers behind the scenes of these organizations to reveal their internal procedures, their attitudes about courts, and their surprising capacity to be influenced by a judge’s choice of words. This fascinating study will be of interest to students and scholars of politics as well as those seeking great understanding of the intricacies of the US political system.
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Adrian Vermeule
Publisher : Harvard University Press
ISBN 13 : 0674971442
Total Pages : 267 pages
Book Rating : 4.6/5 (749 download)
Download or read book Law’s Abnegation written by Adrian Vermeule and published by Harvard University Press. This book was released on 2016-11-14 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Jurgen de Poorter
Publisher : T.M.C. Asser Press
ISBN 13 : 9789462653092
Total Pages : 198 pages
Book Rating : 4.6/5 (53 download)
Download or read book Judicial Review of Administrative Discretion in the Administrative State written by Jurgen de Poorter and published by T.M.C. Asser Press. This book was released on 2020-08-14 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Swati Jhaveri
Publisher : Cambridge University Press
ISBN 13 : 1108481574
Total Pages : 447 pages
Book Rating : 4.1/5 (84 download)
Download or read book Judicial Review of Administrative Action written by Swati Jhaveri and published by Cambridge University Press. This book was released on 2021-03-18 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Author : Debra Mortimer
Publisher :
ISBN 13 : 9781760020279
Total Pages : 183 pages
Book Rating : 4.0/5 (22 download)
Download or read book Administrative Justice and Its Availability written by Debra Mortimer and published by . This book was released on 2015 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Federal Court of Australia exercises principal trial and intermediate appellate jurisdiction in relation to federal administrative law in Australia, a jurisdiction which is central to the Court's existence and function. Therefore, it was fitting for the Court, together with the Law Council of Australia, to host a conference designed to provoke thought and discussion about contemporary issues in Australian federal administrative law, held in conjunction with the Court's August 2014 judges' conference. The conference brought together some of the best judicial, professional and academic thinkers in administrative law. It was opened with a sparkling and informed comparative presentation by Justice Dennis Davis from the Western Cape High Court of South Africa. Through comprehensive panel reports on each session, this publication gives the reader the flavour of the entire conference, including the lively debates. Nine individual papers are also reproduced, covering the most important current issues in federal administrative law and bringing a variety of perspectives to those issues.
