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Judicial Review Of Administrative Discretion
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Book Synopsis Judicial Review of Administrative Discretion in the Administrative State by : Jurgen de Poorter
Download or read book Judicial Review of Administrative Discretion in the Administrative State written by Jurgen de Poorter and published by Springer. This book was released on 2019-06-07 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.
Book Synopsis Judicial Review of Administrative Discretion in the Administrative State by : Jurgen C. A. Poorter
Download or read book Judicial Review of Administrative Discretion in the Administrative State written by Jurgen C. A. Poorter and published by . This book was released on 2019 with total page 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. --
Book Synopsis Administrative Discretion & Judicial Review by : P. Hemalatha Devi
Download or read book Administrative Discretion & Judicial Review written by P. Hemalatha Devi and published by Mittal Publications. This book was released on 1994 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Review of Administrative Discretion by : Scott Allen Clayton
Download or read book Judicial Review of Administrative Discretion written by Scott Allen Clayton and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Adam Szot Publisher :Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften ISBN 13 :9783631668900 Total Pages :146 pages Book Rating :4.6/5 (689 download)
Book Synopsis Judicial Review of Administrative Discretion by : Adam Szot
Download or read book Judicial Review of Administrative Discretion written by Adam Szot and published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften. This book was released on 2019 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication shows the impact of judicial decisions on the discretionary power of public administration. This issue is analysed in relation to the process of issuing individual decisions by the administration, which have a dominant influence on the sphere of rights and freedoms of man. Judicial influence on public administration discretion is shown in the context of various models of judicial control of public administration.
Book Synopsis Deference to the Administration in Judicial Review by : Guobin Zhu
Download or read book Deference to the Administration in Judicial Review written by Guobin Zhu and published by Springer Nature. This book was released on 2019-11-23 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Book Synopsis Judicial Review of Administrative Discretion by : Scott Allen Clayton
Download or read book Judicial Review of Administrative Discretion written by Scott Allen Clayton and published by . This book was released on 2015 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Judge and the Proportionate Use of Discretion by : Sofia Ranchordás
Download or read book The Judge and the Proportionate Use of Discretion written by Sofia Ranchordás and published by Routledge. This book was released on 2015-06-12 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.
Book Synopsis Judicial Review of Administrative Discretion by : Melville Smith
Download or read book Judicial Review of Administrative Discretion written by Melville Smith and published by . This book was released on 1949 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Judicial Review of Administrative Discretion by : Gérald Le Dain
Download or read book The Judicial Review of Administrative Discretion written by Gérald Le Dain and published by . This book was released on 1949 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Judicial Review of Administrative Discretion by : H. T. W. Blockley
Download or read book The Judicial Review of Administrative Discretion written by H. T. W. Blockley and published by . This book was released on 1949 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Review of Administrative Discretion by : Maria Veronica Espina Molina
Download or read book Judicial Review of Administrative Discretion written by Maria Veronica Espina Molina and published by . This book was released on 2001 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Improving Judicial Review of Administrative Discretion in China by : Aiqin Zhang
Download or read book Improving Judicial Review of Administrative Discretion in China written by Aiqin Zhang and published by . This book was released on 2007 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the promulgation of the Administrative Litigation Law, China has established its system of judicial review of administrative action. However, over 15 years' judicial practice have exposed the court's ineffectiveness in reviewing discretionary powers. China needs to reform the current system to meet the domestic and international demands to control expanding administrative discretion and to protect individual rights. Given Chinese judges' lack of experience in this area and Canada's well developed practice of judicial review, Canadian law may be a good model for China to consider in developing reforms. However, it is unlikely for China to directly apply the contextual approach that Canadian judges adopted for judicial review as China lacks an independent judiciary and competent judges. Nonetheless, China can learn some lessons from the Canadian experience. The ALL needs to be amended; Chinese courts should be given more power; and a case law system is suggested in particular.
Book Synopsis Administrative Discretion and Public Policy Implementation by : Douglas H. Shumavon
Download or read book Administrative Discretion and Public Policy Implementation written by Douglas H. Shumavon and published by New York : Praeger. This book was released on 1986 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Administrative Law by : Christopher F. Edley
Download or read book Administrative Law written by Christopher F. Edley and published by Yale University Press. This book was released on 1992-07-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Judicial Control of Administrative Action by : Louis Leventhal Jaffe
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.
Book Synopsis Indirect Judicial Review in Administrative Law by : Mariolina Eliantonio
Download or read book Indirect Judicial Review in Administrative Law written by Mariolina Eliantonio and published by Taylor & Francis. This book was released on 2022-11-11 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative analysis of the concept and concrete application of the system of indirect review of administrative action. The indirect review of administrative action is a judicial review mechanism that permits re-visiting already settled administrative measures. As an indirect way of challenging the validity of a measure or act by attacking the legal basis on which it is founded, it can regard either general acts or individual acts and measures. This book explores whether the system of indirect review is a suitable remedy for modern administrative justice, assessing whether it fairly balances the legality and the legal certainty principles. It examines the tension between the two principles and seeks to establish what the standards of review are and whether a common European trend can be discerned by analysing the theory and practice from jurisdictions in Western and Eastern Europe, as well as the EU legal system. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Administrative Law, EU law, and Public Administration.
