The Nature Of Inquisitorial Processes In Administrative Regimes

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The Nature of Inquisitorial Processes in Administrative Regimes

Author : Laverne Jacobs
Publisher : Routledge
ISBN 13 : 1317023315
Total Pages : 416 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Nature of Inquisitorial Processes in Administrative Regimes by : Laverne Jacobs

Download or read book The Nature of Inquisitorial Processes in Administrative Regimes written by Laverne Jacobs and published by Routledge. This book was released on 2016-03-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: ’Inquisitorial processes’ refers to the inquiry powers of administrative governance and this book examines the use of these powers in administrative law across seven jurisdictions. The book brings together recent developments in mixed inquisitorial-adversarial administrative decision-making on a hitherto neglected area of comparative administrative process and institutional design. Reaching important conclusions about their own jurisdictions and raising questions which may be explored in others, the book's chapters are comparative. They explore the terminology and scope of the concept of inquisitorial process, justifications for the use of inquiry powers, the effectiveness of inquisitorial processes and the implications of the adoption of such powers. The book will set in motion continued dialogue about the inherent challenges of balancing policy goals, fairness, resources and institutional design within administrative law decision-making by offering theoretical, practical and empirical analyses. This will be a valuable book to government policy-makers, administrative law decision-makers, lawyers and academics.

The Nature of Inquisitorial Processes in Administrative Regimes

Author : Laverne A. Jacobs
Publisher :
ISBN 13 : 9781315555331
Total Pages : 401 pages
Book Rating : 4.5/5 (553 download)

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Book Synopsis The Nature of Inquisitorial Processes in Administrative Regimes by : Laverne A. Jacobs

Download or read book The Nature of Inquisitorial Processes in Administrative Regimes written by Laverne A. Jacobs and published by . This book was released on 2013 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Nature of Inquisitorial Processes in Administrative Regimes

Author : Laverne Jacobs
Publisher : Routledge
ISBN 13 : 1317023323
Total Pages : 416 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Nature of Inquisitorial Processes in Administrative Regimes by : Laverne Jacobs

Judicial Control of Public Administration in Afghanistan

Author : Mirwais Ayobi
Publisher : LIT Verlag
ISBN 13 : 3643963939
Total Pages : 284 pages
Book Rating : 4.6/5 (439 download)

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Book Synopsis Judicial Control of Public Administration in Afghanistan by : Mirwais Ayobi

Download or read book Judicial Control of Public Administration in Afghanistan written by Mirwais Ayobi and published by LIT Verlag. This book was released on 2022-05-10 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial control of public administration is essential for the realisation of the rule of law and democracy. To date, there is virtually no effective judicial protection in Afghanistan. However, a study of Afghan legal history suggests that the country has certain - currently underdeveloped - institutions that could be used as the basis for the creation of judicial control. Based on a historical study, the book elaborates the pluralist legal culture of Afghanistan, rooted in tribal and Islamic legal conceptions alongside a State legal system. The author proposes practical solutions for the development of judicial control of public administration in Afghanistan. Dr. Mirwais Ayobi has more than a decade of experience as an assistant professor of law and political science in Afghanistan. His work focuses on administrative law, constitutional law, public administration and judicial review.

Non-Judicial Remedies and EU Administration

Author : Paola Chirulli
Publisher : Routledge
ISBN 13 : 0429595697
Total Pages : 272 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Non-Judicial Remedies and EU Administration by : Paola Chirulli

Download or read book Non-Judicial Remedies and EU Administration written by Paola Chirulli and published by Routledge. This book was released on 2021-03-11 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

Relative Authority of Judicial and Extra-Judicial Review

Author : Michal Krajewski
Publisher : Bloomsbury Publishing
ISBN 13 : 1509947310
Total Pages : 224 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Relative Authority of Judicial and Extra-Judicial Review by : Michal Krajewski

Download or read book Relative Authority of Judicial and Extra-Judicial Review written by Michal Krajewski and published by Bloomsbury Publishing. This book was released on 2021-07-29 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do independent boards of appeal set up in some EU agencies and the European Ombudsman compensate for the shortcomings of EU Courts? This book examines the operation of EU judicial and extra-judicial review mechanisms. It confronts the formal legal rules with evolving practices, relying on rich statistical data and internal documents. It covers detailed institutional arrangements, the standard of review, the types of cases and litigants, and the activity of the parties in the process. It makes visible the diverse but complementary ways in which the mechanisms enhance the authority of EU legal acts and processes. It also reveals that scarce resources and imprecise rules restrict the scope of review and hinder independent empirical investigations. Finally, it casts light on how a differentiated system of judicial and extra-judicial review can accommodate various kinds of technical and political discretion exercised by EU institutions and bodies.

Delivering Dispute Resolution

Author : Christopher Hodges
Publisher : Bloomsbury Publishing
ISBN 13 : 1509916911
Total Pages : 643 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Delivering Dispute Resolution by : Christopher Hodges

Download or read book Delivering Dispute Resolution written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2019-10-17 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, property, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms. Examining dispute resolution pathways from users' perspectives, the book highlights options such as ombudsmen, regulators, tribunals and courts as well as mediation and other ADR and ODR approaches. It maps numerous sectoral developments to see if learning might be spread to other sectors. Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; the need to focus accessibility arrangements for people and businesses that need help with their problems; and identifying effective ways for achieving behavioural change. This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the jurisdiction.

The Oxford Handbook of Comparative Administrative Law

Author : Peter Cane
Publisher : Oxford University Press
ISBN 13 : 0192560115
Total Pages : 1000 pages
Book Rating : 4.1/5 (925 download)

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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.

Outcome-Based Cooperation

Author : Christopher Hodges
Publisher : Bloomsbury Publishing
ISBN 13 : 1509962492
Total Pages : 595 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Outcome-Based Cooperation by : Christopher Hodges

Download or read book Outcome-Based Cooperation written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2022-09-22 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we cooperate – in social, local, business, and state communities? This book proposes an Outcome-Based Cooperative Model, in which all stakeholders work together on the basis of trust and respect to achieve shared aims and outcomes. The Outcome-Based Cooperative Model is built up from an extensive analysis of behavioural and social psychology, genetic anthropology, research into behaviour and culture in societies, organisations, regulation, and enforcement. The starting point is acceptance that humanity is facing ever larger risks, which are now systemic and even existential. To overcome the challenges, humans need to cooperate more, rather than compete, alienate, or draw apart. Answering how we do that requires basing ourselves, our institutions, and systems on relationships that are built on trust. Trust is based on evidence that we can be trusted to behave well (ethically), built up over time. We should aim to agree common goals and outcomes, moderating those that conflict, produce evidence that we can be trusted, and examine our performance in achieving the right outcomes, rather than harmful ones. The implications are that we need to do more in rebasing our relationships in local groupings, business organisations, regulation, and dispute resolution. The book examines recent systems and developments in all these areas, and makes proposals of profound importance for reform. This is a new blueprint for liberty, solidarity, performance, and achievement.

Administrative Justice in Wales and Comparative Perspectives

Author : Sarah Nason
Publisher : University of Wales Press
ISBN 13 : 1786831406
Total Pages : 433 pages
Book Rating : 4.7/5 (868 download)

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Book Synopsis Administrative Justice in Wales and Comparative Perspectives by : Sarah Nason

Download or read book Administrative Justice in Wales and Comparative Perspectives written by Sarah Nason and published by University of Wales Press. This book was released on 2017-09-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique understanding of what administrative justice means in Wales and for Wales, whilst also providing an expert and timely analysis of comparative developments in law and administration. It includes critical analysis of distinctly Welsh administrative laws and redress measures, whilst examining contemporary administrative justice issues across a range of common and civil law, European and international jurisdictions. Key issues include the roles of commissioners, administrative courts, tribunals and ombudsmen in devolved and federal nations, and evolving relationships between citizens and the state – especially in the context of localisation and austerity – and will be of interest to legal and public administration professionals at home and internationally.

Data Protection and Privacy, Volume 16

Author : Hideyuki Matsumi
Publisher : Bloomsbury Publishing
ISBN 13 : 1509975993
Total Pages : 317 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Data Protection and Privacy, Volume 16 by : Hideyuki Matsumi

Download or read book Data Protection and Privacy, Volume 16 written by Hideyuki Matsumi and published by Bloomsbury Publishing. This book was released on 2024-05-02 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the complexity and depths of our digital world by providing a selection of analyses and discussions from the 16th annual international conference on Computers, Privacy and Data Protection (CPDP): Ideas that Drive Our Digital World. The first half of the book focuses on issues related to the GDPR and data. These chapters provide a critical analysis of the 5-year history of the complex GDPR enforcement system, covering: codes of conduct as a potential co-regulation instrument for the market; an interdisciplinary approach to privacy assessment on synthetic data; the ethical implications of secondary use of publicly available personal data; and automating technologies and GDPR compliance. The second half of the book shifts focus to novel issues and ideas that drive our digital world. The chapters offer analyses on social and environmental sustainability of smart cities; reconstructing states as information platforms; stakeholder identification using the example of video-based Active and Assisted Living (AAL); and a human-centred approach to dark patterns. This interdisciplinary book takes readers on an intellectual journey into a wide range of issues and cutting-edge ideas to tackle our ever-evolving digital landscape.

Comparative Law and Regulation

Author : Francesca Bignami
Publisher : Edward Elgar Publishing
ISBN 13 : 1782545611
Total Pages : 608 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Comparative Law and Regulation by : Francesca Bignami

Download or read book Comparative Law and Regulation written by Francesca Bignami and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governance by regulation – rules propounded and enforced by bureaucracies – is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations.

Automated Decision-Making and Effective Remedies

Author : Simona Demková
Publisher : Edward Elgar Publishing
ISBN 13 : 1035306611
Total Pages : 227 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Automated Decision-Making and Effective Remedies by : Simona Demková

Download or read book Automated Decision-Making and Effective Remedies written by Simona Demková and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the legal and practical challenges created by the increasingly automated decision-making procedures underpinning EU multilevel cooperation, for example, in the fields of border control and law enforcement. It argues that such procedures impact not only the rights to privacy and data protection, but fundamentally challenge the EU constitutional promise of effective judicial protection

Research Handbook on the Enforcement of EU Law

Author : Miroslava Scholten
Publisher : Edward Elgar Publishing
ISBN 13 : 1802208038
Total Pages : 581 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Research Handbook on the Enforcement of EU Law by : Miroslava Scholten

Download or read book Research Handbook on the Enforcement of EU Law written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms.

The Indian Yearbook of Comparative Law 2020

Author : Mathew John
Publisher : Springer Nature
ISBN 13 : 9819954673
Total Pages : 293 pages
Book Rating : 4.8/5 (199 download)

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Book Synopsis The Indian Yearbook of Comparative Law 2020 by : Mathew John

Download or read book The Indian Yearbook of Comparative Law 2020 written by Mathew John and published by Springer Nature. This book was released on 2023-12-02 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This yearbook is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives in the field of comparative law. It comprises three parts wherein the first part focuses on public law and its related issues, the second part engages with issues in the field of private law, and the third part discusses general themes in comparative law. The yearbook includes papers on comparative study between universalism and Asian exceptionalism under human rights perspective, reclaiming the German concept of the rule of law “Rechtsstaat”, the Guarantee Clause in global constitutionalism, administrative justice, constitution and culture, and the category of the ’stranger’ in modern legal and political thought. The Yearbook touches upon various issues, e.g., forest protection and the idea of Justice, the application of defamation law on politicians, the intersection of customary law relating to child marriage in different countries, hybrid statehood and Buddhist nationalism. Further, scholarly work on the themes of comparative law, customary law, environmental law, and constitutional law is also highlighted.The yearbook intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of the law, legal systems and legal cultures while aiding deliberations on the constituents of an ideal system of law.

African Witchcraft and Global Asylum-Seeking

Author : Katherine Luongo
Publisher : Taylor & Francis
ISBN 13 : 1000860183
Total Pages : 134 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis African Witchcraft and Global Asylum-Seeking by : Katherine Luongo

Download or read book African Witchcraft and Global Asylum-Seeking written by Katherine Luongo and published by Taylor & Francis. This book was released on 2023-04-17 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes how over the last two decades, immigration regimes in three primary refugee-receiving states in the Global North – Canada, Australia, and the United Kingdom – have engaged with allegations about witchcraft-driven violence made by asylum seekers coming from Anglophone countries across the African continent. The work intervenes at the nexus of anthropological, historical, legal, developmental, and human rights literatures to offer fresh insights into extrajudicial violence and global migration. Taking witchcraft-based asylum cases as its focal point, it argues that the recent dramatic expansion in claims to refugee protection under the ‘particular social group’ category of the 1951 UN Refugee Convention reflects immigration authorities’ increasing willingness to consider how legally recognizable persecution can derive from cultural practices and beliefs. Reflecting critically on such cases, it advances understandings of how witchcraft beliefs and practices have persisted as significant engines of violence in the contemporary world. It sheds light both on the limits of legal pluralism and cultural relativism in asylum adjudication and on how social scientific expertise contributes not simply to the flow of ideas, but also to the channelling of people across national, cultural, and epistemological boundaries. The book will be essential reading for students and researchers in legal anthropology, African studies, human rights, transnational history, migration and refugee law and policy, and the history and anthropology of witchcraft.

Research Handbook on General Principles in EU Law

Author : Ziegler, Katja S.
Publisher : Edward Elgar Publishing
ISBN 13 : 1784712388
Total Pages : 656 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on General Principles in EU Law by : Ziegler, Katja S.

Download or read book Research Handbook on General Principles in EU Law written by Ziegler, Katja S. and published by Edward Elgar Publishing. This book was released on 2022-04-22 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.