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German Administrative Law With Special Reference To The Latest Developments In The System Of Legal Protection
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Book Synopsis German Administrative Law with Special Reference to the Latest Developments in the System of Legal Protection by : Otto Bachof
Download or read book German Administrative Law with Special Reference to the Latest Developments in the System of Legal Protection written by Otto Bachof and published by . This book was released on 1953 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis German Administrative Law by : Mahendra P. Singh
Download or read book German Administrative Law written by Mahendra P. Singh and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is with the greatest pleasure that I add a few introductory remarks to the book of Dr. Mahendra Pal Singh on German administrative law. Between 1981 and 1982 Dr. Singh spent nearly two years in Heidelberg, doing re search partly at the South Asia Institute of the Ruprecht Karl University and partly at the Max Planck Institute for Comparative Public Law and International Law. During his stay in the Federal Republic of Germany, Dr. Singh studied the general principles of German administrative law in a careful and admirable manner, and he has now completed the present book which is based on his studies in Heidelberg. For several reasons Dr. Singh is especially qualified to write this book: His famil iarity with the administrative law of his home country has enabled him to look upon the German law with considerable objectivity; his knowledge of the German lan guage gave him access to the vast amount of German literature and court decisions; and Dr. Singh was able to penetrate this material with a searching and scholarly spirit. The final product seems to be the first comprehensive treatise in English on German administrative law.
Book Synopsis Good Administration and the Council of Europe by : Ulrich Stelkens
Download or read book Good Administration and the Council of Europe written by Ulrich Stelkens and published by Oxford University Press. This book was released on 2020-09-11 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good Administration and the Council of Europe: Law, Principles, and Effectiveness examines the existence and effectiveness of written and unwritten standards of good administration developed within the framework of the Council of Europe (CoE) and in the case law of the European Court of Human Rights. These standards - called 'pan- European general principles of good administration' - cover the entire range of general organizational, procedural, and substantive legal institutions meant to ensure a democratically legitimized, open, and transparent administration respecting the rule of law. They are about the 'limiting function' of administrative law: its function to protect individuals from arbitrary power, to legitimize administrative action, and to combat corruption. This book analyses the sources and functions of the pan-European general principles of good administration and seeks to uncover how deeply they are rooted in the domestic legal systems of the CoE Member States. It comprises 28 country reports dedicated to an in-depth exploration of the impact of these standards on the national legal systems of the Member States written by respective experts on these systems. It argues that the pan-European general principles of good administration lead to a certain harmonization of the legal orders of the Member States with regard to the limiting function of administrative law despite the many fundamental differences between their administrative and legal systems. It comes to the further conclusion that the pan-European general principles of good administration can be considered as a concretization of the founding values of the CoE and describes the 'administrative law obligations' a Member State entered into when joining the CoE.
Book Synopsis German Administrative Law in Common Law Perspective by : Mahendra Pal Singh
Download or read book German Administrative Law in Common Law Perspective written by Mahendra Pal Singh and published by Springer. This book was released on 1985 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Administrative Law of the European Union, Its Member States and the United States by : René Seerden
Download or read book Administrative Law of the European Union, Its Member States and the United States written by René Seerden and published by Intersentia nv. This book was released on 2002 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative introduction, by editors and native authors, to the most important aspects of administrative law in various EU Member States (Belgium, France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the This book offers a comparative introduction, by editors and native authors, to the most important aspects of administrative law in various EU Member States (Belgium, France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the United States of America. It aspires to contribute to the 'transboundary' understanding of different regimes related to actions and decisions of the administration. For the purpose of the use of this book in education, research and legal practice, the contributions to the book are all based on one and the same format, thus making it more accessible for its readers. The main items of the format are: 1 What is administrative law? Definitions, general administrative law versus specific areas of administrative law, general administrative law in the context of constitutional law (trias politica, federal-unitary state aspects), basic principles and the practice/evolution of administrative law etc. 2 Who is administrating? An outline of the administration (organs, agencies, individual persons etc. in specific administrative law areas) in the framework of the territorial and functional organisation of the State. 3 Which instruments are available to the administration? An overview of the available public law instruments and the possibility to use private law instruments. 4 Which (formal) rules/principles (written or unwritten) govern administrative actions? An elaboration on decision-making procedures (public participation etc.) under general administrative law and specific areas of administrative law as well as more substantive rules/principles for administrative actions/decisions: 'due process in administrative matters'. 5 Access to (administrative) courts against administrative actions/decisions. Who can go to which courts (constitutional, administrative or ordinary) and are prior out-of-court proceedings necessary? How intensive or marginal is the test (of discretionary administrative powers) by the courts and what are the possible rulings of the court (based on a remedy- system for the plaintiff or on more general powers for the courts). 6 Recent and future developments and conclusions. The final chapter offers comparative remarks by the editors.
Book Synopsis Public Administration in Germany by : Sabine Kuhlmann
Download or read book Public Administration in Germany written by Sabine Kuhlmann and published by Springer Nature. This book was released on 2021-01-29 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents a topical, comprehensive and differentiated analysis of Germany’s public administration and reforms. It provides an overview on key elements of German public administration at the federal, Länder and local levels of government as well as on current reform activities of the public sector. It examines the key institutional features of German public administration; the changing relationships between public administration, society and the private sector; the administrative reforms at different levels of the federal system and numerous sectors; and new challenges and modernization approaches like digitalization, Open Government and Better Regulation. Each chapter offers a combination of descriptive information and problem-oriented analysis, presenting key topical issues in Germany which are relevant to an international readership.
Book Synopsis German Administrative Law by : Mahendra P. Singh
Download or read book German Administrative Law written by Mahendra P. Singh and published by . This book was released on 2014-01-15 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis European Administrative Law by : Jürgen Schwarze
Download or read book European Administrative Law written by Jürgen Schwarze and published by Sweet & Maxwell Limited. This book was released on 2006-01-01 with total page 1562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the development of an administrative law system in EU law, as distinct from the separate systems in member states' laws; shows how the general principles of administrative law are applied by the European courts; explains the impact of the European system on the national systems of administrative law; and more.
Book Synopsis Administrative Justice Fin de siècle by : Giacinto della Cananea
Download or read book Administrative Justice Fin de siècle written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2021-02-04 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second volume in this series explores the evolution of administrative laws in Europe to better understand the foundations of EU institutions, focusing on the period of 1890-1910. These years saw both a growth of governments and either the entry into force or the consolidation of mechanisms of control on public authorities. Comparing the Austro-Hungarian Empire, Belgium, France, the German Empire, Italy, and the United Kingdom, this title focuses on their historical administrative actions and looks at their development during that time. The volume contains three sections. The first introduces the project and the topic. The second covers the six legal systems chosen for this study, looking at the historical context. The third takes a comparative approach across the six systems, following on from their histories to look at their development and legacies. This edited collection expands on the ideals of a common core within European administrative law and how they have shaped our world. This volume is an essential tool for anyone involved in administrative and constitutional law and legal history.
Book Synopsis The Austrian Codification of Administrative Procedure by : Giacinto della Cananea
Download or read book The Austrian Codification of Administrative Procedure written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2023-02-28 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the development of administrative law in Europe owes much to Austria, not only because its Administrative Court was one of the first to define and refine general principles, such as legality, due process and general interest, but also because in 1925 Austria adopted a general law of administrative procedure, which had important consequences for other legal systems. The book follows two themes. The first is the Austrian codification of administrative procedure itself. The second is the spread of Austrian ideas and institutions to some neighbouring countries. From the first point of view, the book points out the various factors that favoured the adoption of administrative procedure legislation and the reception of the model of review. In this respect, the book is enriched by the English translation of the Austrian general act of 1925. From the other viewpoint, the book deviates from the standard accounts whereby the Austrian codification had some influence on its closest neighbours, including Poland, Czechoslovakia and Yugoslavia; first, because it compares their legislative provisions, as well as their durability, notwithstanding drastic political changes, when these countries fell under Soviet rule; second, because it does not limit itself to the concept of 'influence', arguing that there was a 'diffusion' of general administrative procedure legislation; thirdly, because it examines why the major administrative systems of continental Europe, such as France, Germany and Italy, did not adopt administrative procedure legislation. The book thus provides an unprecedented outlook on the emergence of an increasing common core regarding administrative procedure.
Book Synopsis Europeanisation of Administrative Justice? by : Mariolina Eliantonio
Download or read book Europeanisation of Administrative Justice? written by Mariolina Eliantonio and published by ISBS. This book was released on 2009 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some 40 years after the landmark judgment of the European Court of Justice (ECJ) in van Gend en Loos, the impact of European law on the administrative laws of the Member States of the European Union has manifested itself intensely, and in many different aspects, because of the influence of both the ECJ and of EC legislation. This impact is particularly striking in relation to administrative law, because, as a part of public law, administrative law had long been deemed an area of monopoly of the State and a clear outgrowth of the State's sovereign powers that precluded interference from any other jurisdiction. As of today, European law influences virtually all areas of substantive administrative law, administrative organization, decision-making proceedings, and judicial protection. Amongst those areas, this book focuses on the influence of the ECJ's case law on five selected aspects of the Italian, German, and English rules on the judicial review of administrative action. Taking as a starting point the ECJ's case law on domestic remedies, the book reports the results of an investigation as to whether, and to what extent, the national courts have applied the standards of protection set out in the ECJ's case law. Furthermore, it is investigated whether, in the areas in which a process of Europeanization has taken place, the ECJ's case law has contributed to an increasing similarity between the three legal systems. Finally, the book discusses whether, for the purposes of ensuring an effective judicial protection of Community rights, the rules on the decentralized enforcement of EC law in administrative courts should be harmonized by the European legislator.
Book Synopsis Current Problems in the Protection of Human Rights by : Katja S Ziegler
Download or read book Current Problems in the Protection of Human Rights written by Katja S Ziegler and published by Bloomsbury Publishing. This book was released on 2013-03-01 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the legal systems of the United Kingdom and Germany differ in essential respects, the current process of 'constitutionalisation' is well recognised on both sides of the Channel. 'Constitutionalisation' manifests itself in the evolution of a constitution and the influence of existing constitutional principles on the ordinary law. Human rights law provides one of the best examples of this process, and the aim of this book is to provide a comparative UK-German perspective on recent developments. First, it addresses human rights questions which arise in both jurisdictions in a similar way such as the tension between liberty and security, absolute rights such as human dignity and the prohibition of torture, and the question how conflicts between human rights are to be resolved and conceptualised. A second theme considers the impact of human rights on different areas of law, in particular administrative law, criminal law, labour law and private law generally. Finally, a third theme focuses on the intersection of national, supra- and international human rights law, in particular after the entry into force of the EU Charter on Fundamental Rights. The book thus reveals convergent and divergent answers to similar problems, examines differences in the impact of human rights on the legal systems under consideration, and traces parallel and distinct debates over and sensitivities about, human rights as well as sensitivities that arise in multi-layer situations in the UK and Germany.
Book Synopsis The Oxford Handbook of Comparative Administrative Law by : Peter Cane
Download or read book The Oxford Handbook of Comparative Administrative Law written by Peter Cane and published by Oxford University Press. This book was released on 2020-12-17 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Austrian Codification of Administrative Procedure by : Giacinto della Cananea
Download or read book The Austrian Codification of Administrative Procedure written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2023-02-04 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the development of administrative law in Europe owes much to Austria, not only because its Administrative Court was one of the first to define and refine general principles, such as legality, due process and general interest, but also because in 1925 Austria adopted a general law of administrative procedure, which had important consequences for other legal systems. The book follows two themes. The first is the Austrian codification of administrative procedure itself. The second is the spread of Austrian ideas and institutions to some neighbouring countries. From the first point of view, the book points out the various factors that favoured the adoption of administrative procedure legislation and the reception of the model of review. In this respect, the book is enriched by the English translation of the Austrian general act of 1925. From the other viewpoint, the book deviates from the standard accounts whereby the Austrian codification had some influence on its closest neighbours, including Poland, Czechoslovakia and Yugoslavia; first, because it compares their legislative provisions, as well as their durability, notwithstanding drastic political changes, when these countries fell under Soviet rule; second, because it does not limit itself to the concept of 'influence', arguing that there was a 'diffusion' of general administrative procedure legislation; thirdly, because it examines why the major administrative systems of continental Europe, such as France, Germany and Italy, did not adopt administrative procedure legislation. The book thus provides an unprecedented outlook on the emergence of an increasing common core regarding administrative procedure.
Book Synopsis EU Administrative Law by : Paul Craig
Download or read book EU Administrative Law written by Paul Craig and published by Oxford University Press. This book was released on 2018-10-25 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.
Book Synopsis The Convergence of the Fundamental Rights Protection in Europe by : Rainer Arnold
Download or read book The Convergence of the Fundamental Rights Protection in Europe written by Rainer Arnold and published by Springer. This book was released on 2016-04-05 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.
Author : Publisher :Oxford University Press ISBN 13 :0198904290 Total Pages :321 pages Book Rating :4.1/5 (989 download)
Download or read book written by and published by Oxford University Press. This book was released on with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt:
