Judicial Review of Administrative Discretion in the Administrative State, Jurgen de Poorter; Ernst Hirsch Ballin; Saskia Lav
Автор: Ranchordas Sofia, De Waard Boudewijn Название: The Judge and the Proportionate Use of Discretion: A Comparative Study ISBN: 1138812994 ISBN-13(EAN): 9781138812994 Издательство: Taylor&Francis Рейтинг: Цена: 153120.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: 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.
Автор: Mendes Joana Название: EU Executive Discretion and the Limits of Law ISBN: 0198826664 ISBN-13(EAN): 9780198826668 Издательство: Oxford Academ Рейтинг: Цена: 124080.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This edited collection analyses how the law governs, and should govern, the exercise of discretion by the EU`s executive powers, in light of post-2010 developments which have expanded such powers.
Автор: Stohler, Stephan (state University Of New York, Albany) Название: Comparative constitutional law and policy ISBN: 1108493181 ISBN-13(EAN): 9781108493185 Издательство: Cambridge Academ Рейтинг: Цена: 109830.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Reconstructing Rights will appeal to several audiences because of its deliberative-partnership thesis, including public law scholars for its social-scientific approach to the study of legal doctrine; legal scholars because it challenges broadly held commitments to judicial supremacy; and area-specialists for its cross-national investigation of equality rights.
Автор: Davis Название: Critical Debates on Counter-Terrorism Judicial Review ISBN: 1107662966 ISBN-13(EAN): 9781107662964 Издательство: Cambridge Academ Рейтинг: Цена: 40130.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Is judicial review an effective and appropriate way to regulate counter-terrorism measures? Does the judiciary lack the necessary expertise, or is it a vital safeguard for the principle of constitutionalism? In this book, leading experts explore this debate from a broad range of jurisdictions, from North America, Europe and Australasia.
Автор: Sarah Nason Название: Reconstructing Judicial Review ISBN: 1509928820 ISBN-13(EAN): 9781509928828 Издательство: Bloomsbury Academic Рейтинг: Цена: 36950.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book offers a new interpretation of judicial review in England and Wales as being concerned with the advancement of justice and good governance, as opposed to being concerned primarily with ultra vires or common law constitutionalism. It is developed both from examining the functions and values that ought to be served by judicial review, and from analysis of empirical ‘social’ facts about judicial review primarily as experienced in the Administrative Court. Based on ground-up case law analysis it constructs a new taxonomy on the grounds of judicial review: mistake, procedural impropriety, ordinary common law statutory interpretation, discretionary impropriety, relevant/irrelevant considerations, breach of an ECHR protected right or equality duty, and constitutional allocation of powers, constitutional rights, or other complex constitutional principles. It explains each of these grounds, what academic and judicial support there might be for them outside case law analysis, and their similarities and differences when viewed against popular existing taxonomies. It concludes that Administrative Court judges are engaged in ordinary common law statutory interpretation in approximately half of all cases, and that where discretionary judgement is involved on the part of the initial decision-maker, judges do indeed consider their task to be one of determining whether the challenged decision was justified by reasoning of adequate quality. It finds that judges apply ordinary common law principles of statutory interpretation with historical pedigrees, including assessing the initial decision-maker’s reasoning with reference to statutory purpose, and sifting relevant from irrelevant considerations, including moral considerations. The result is a ground-breaking reassessment of the grounds of judicial review in England and Wales and the practice of the Administrative Court.
Автор: Edited By Albert H. Название: Constitutional courts in asia ISBN: 110719508X ISBN-13(EAN): 9781107195080 Издательство: Cambridge Academ Рейтинг: Цена: 121440.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: A comparative, critical analysis of constitutional courts and constitutional review in Asia, appealing to those who are interested in comparative constitutional law, comparative politics, and Asian studies, particularly from the point of view of human rights, democracy, legal systems, the Rule of Law, constitutional adjudication and governance.
Автор: Hannes Wais, Thomas Pfeiffer Название: Judicial Review of B2B Contracts ISBN: 1509931783 ISBN-13(EAN): 9781509931781 Издательство: Bloomsbury Academic Рейтинг: Цена: 200640.00 T Наличие на складе: Невозможна поставка. Описание: This book presents a broad survey of standards for the judicial control of B2B contract terms in different legal systems. Each chapter analyses in great detail the regulatory framework and the general principles that govern the judicial control of B2B contracts in a specific country, in particular the relevant standards for the judicial scrutiny of clauses and the resulting legal consequences thereof. Providing first-hand information with a focus on practical relevance from authors who specialise in the judicial control of contracts in their respective legal systems, this book is of particular value for lawyers who advise their clients in international business transactions and anyone interested in comparative contract law. The list of countries includes Austria, the Czech Republic, Denmark, England, Estonia, Finland, France, Germany, Italy, the Netherlands, Poland, Portugal, Romania, Spain, Switzerland, Sweden and Taiwan.
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.
This book explores how the right to the free movement of goods, persons, services and capital in the European Union legal order affects welfare states. These "four freedoms", as they are known, are vital instruments for the protection of a European market unencumbered by internal frontiers. The European Constitution, Welfare States and Democracy explore the relationships and conflicts that have emerged between the European constitution and the legal regulation of mixed economies and markets within welfare-states. In particular, it examines the threat posed to the discretionary powers enjoyed by national governments and administrative authorities.
Christoffer C. Eriksen has undertaken a comprehensive analysis of a series of judgments in which the European Court of Justice has clearly indicated the ways in which the four freedoms may be incompatible with the current practice of entrusting national administrative authorities with discretionary powers and thus highlights how the four freedoms are provoking democratic dilemmas, previously neglected in the academic literature. The book is written in a style which communicates beyond an audience of specialized legal scholars and although it includes analysis of black letter law, its methodology also draws from the disciplines of philosophy, political science, and sociology.
Автор: Landfried Christine Название: Judicial Power ISBN: 1108425666 ISBN-13(EAN): 9781108425667 Издательство: Cambridge Academ Рейтинг: Цена: 121440.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Featuring works by scholars and practitioners, this book offers an exciting analysis of the power of national and transnational constitutional courts. In times of rising populism, the authors examine the conditions under which constitutional courts can be a resource for democratic governance. Of interest to students, researchers, and practitioners.
Автор: Edouard Al-DahDah Название: Rules on Paper, Rules in Practice: Reducing Discretion and Enforcing Laws in the Middle and North Africa ISBN: 1464807582 ISBN-13(EAN): 9781464807589 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 27720.00 T Наличие на складе: Невозможна поставка. Описание: Rule of Law is a theoretical concept social scientists use to describe a political order where laws are predictable and applied equally to all citizens, regardless of their political or economic influence. Realigning the incentives among key actors and organisations is however a necessary factor for Rule-of-Law institutions to take root.
Автор: de Poorter Jurgen, Hirsch Ballin Ernst, Lavrijssen Saskia Название: Judicial Review of Administrative Discretion in the Administrative State ISBN: 9462653062 ISBN-13(EAN): 9789462653061 Издательство: Springer Рейтинг: Цена: 83850.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
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.
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