Judicial Review of Administrative Action Across the Common Law World: Origins and Adaptation, Michael Ramsden, Swati Jhaveri

Автор: Chris Backes, Mariolina Eliantonio
Название: Cases, Materials and Text on Judicial Review of Administrative Action
ISBN: 1509921478 ISBN-13(EAN): 9781509921478
Издательство: Bloomsbury Academic
Рейтинг:
Цена: 79190.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:

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.

Автор: Knight, Dean R. (victoria University Of Wellington)
Название: Vigilance and restraint in the common law of judicial review
ISBN: 110719024X ISBN-13(EAN): 9781107190245
Издательство: Cambridge Academ
Рейтинг:
Цена: 105600.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Examining doctrinal, conceptual and normative dimensions of judicial review of administrative action, Dean R. Knight explores how Anglo-Commonwealth courts vary the depth of scrutiny in a variety of ways and critically appraises the virtues of different approaches.

Автор: Lewans Matthew
Название: Administrative Law and Judicial Deference
ISBN: 1509921133 ISBN-13(EAN): 9781509921133
Издательство: Bloomsbury Academic
Рейтинг:
Цена: 41170.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Should judges defer to administrative decisions? This book examines how the common law of judicial review has responded to the development of the administrative state in three different common law jurisdictions-the United Kingdom, the United States of America, and Canada-over the past one hundred years.

Автор: Janina Boughey
Название: Human Rights and Judicial Review in Australia and Canada: The Newest Despotism?
ISBN: 1509933107 ISBN-13(EAN): 9781509933105
Издательство: Bloomsbury Academic
Рейтинг:
Цена: 47510.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that - there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.

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.

Автор: Mordechai Kremnitzer, Talya Steiner, Andrej Lang
Название: Proportionality in Action: Comparative and Empirical Perspectives on the Judicial Practice
ISBN: 1108497586 ISBN-13(EAN): 9781108497589
Издательство: Cambridge Academ
Рейтинг:
Цена: 155230.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The book will benefit public law scholars, political scientists, judges and lawyers interested in the six countries analysed in the book, as well as those from other countries in which proportionality is practiced or is emerging. The analyses of specific cases and the empirical data provide a rich basis for comparative insights.

Автор: Christine Landfried
Название: Judicial Power: How Constitutional Courts Affect Political Transformations
ISBN: 1108443095 ISBN-13(EAN): 9781108443098
Издательство: Cambridge Academ
Рейтинг:
Цена: 40130.00 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: Jhaveri Swati, Ramsden Michael
Название: Judicial Review of Administrative Action Across the Common Law World: Origins and Adaptation
ISBN: 1108481574 ISBN-13(EAN): 9781108481571
Издательство: Cambridge Academ
Рейтинг:
Цена: 116160.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the origins of judicial review of administrative action in a wide selection of common law jurisdictions. It provides complex insights and considers the way in which these jurisdictions have received and adapted English common law to the needs of their own socio-political context.

Автор: Daithi Mac Sithigh, Lindsay Stirton, Richard Kirkham, TT Arvind
Название: Executive Decision-Making and the Courts: Revisiting the Origins of Modern Judicial Review
ISBN: 1509930337 ISBN-13(EAN): 9781509930333
Издательство: Bloomsbury Academic
Рейтинг:
Цена: 100320.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture, Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The ‘Quartet’ is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review. These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.

Автор: Knight, Dean R. (victoria University Of Wellington)
Название: Vigilance and restraint in the common law of judicial review
ISBN: 1316640345 ISBN-13(EAN): 9781316640340
Издательство: Cambridge Academ
Рейтинг:
Цена: 33790.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Examining doctrinal, conceptual and normative dimensions of judicial review of administrative action, Dean R. Knight explores how Anglo-Commonwealth courts vary the depth of scrutiny in a variety of ways and critically appraises the virtues of different approaches.

Автор: Malsukhum Voraphol
Название: Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia
ISBN: 9811612668 ISBN-13(EAN): 9789811612664
Издательство: Springer
Цена: 130430.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Chapter 1. Comparative Doctrinal Analysis of Legal Reasoning in the Determination of the Grounds of Judicial Review in the Light of Deep-Water Legality and Legal Culture: A Methodological Framework.- Chapter 2. Differences between English and Australian Legal Cultures.- Chapter 3. Influence of the Legal Cultures on Error of Law and Jurisdictional Error.- Chapter 4. Influence of the Legal Cultures on Jurisdictional Fact.- Chapter 5. Influence of the Legal Cultures on the Grounds relating to Substantive Exercise of Discretion.- Chapter 6. Influence of the Legal Cultures on Legitimate Expectations.- Chapter 7. Conclusion.

Автор: Malsukhum
Название: Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia
ISBN: 9811612692 ISBN-13(EAN): 9789811612695
Издательство: Springer
Рейтинг:
Цена: 130430.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book presents a navigating framework of legal culture and legality to facilitate a comprehensive understanding of the English and Australian determination of the grounds of judicial review. This book facilitates tangible process of how and why jurisdictional error, jurisdictional fact, proportionality and substantive legitimate expectations are debatable in English law, while they are either completely rejected or firmly entrenched in Australian law. This book argues that these differences are not just random. Legality is not just a fig-leaf, but is profoundly rooted in legal systems’ legal culture; hence, it dictates the way in which courts empower, justify, constrain or limit the scope of judicial review. This book presents evidence that courts differ in legal systems and apply diverse ways to determine the scope of judicial review based on their deep understanding of legality, which is embedded in the legal culture of their legal system. This book uses comparative methodology and develops this framework between English and Australian law. Although obvious and important, this book presents a kind of examination that has never been undertaken in this depth and detail before.