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Comparative Administrative Law

Author: Susan Rose-Ackerman
Publisher: Edward Elgar Publishing
ISBN: 178471867X
Size: 36.94 MB
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A comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This Research Handbook’s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts – spearheaded by the first edition – to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines.

Comparative Administrative Law

Author: Frank Johnson Goodnow
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584776226
Size: 49.30 MB
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Goodnow, Frank Johnson. Comparative Administrative Law: An Analysis of the Administrative Systems, National and Local, of the United States, England, France and Germany. New York: G. P. Putnam's Sons, 1897. 2 Vols. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-622-2. ISBN-10: 1-58477-622-6. Cloth. $195.* Reprint of the first edition. Volume I: Organization. Volume II: Legal Relations. Referring to this book in One Hundred Years of Administrative Law (1937), Arthur Vanderbilt wrote that "Goodnow was the first to perceive the peculiar significance for the study of administrative law of the comparative method as applied to the administrative systems of France, Germany, England and the United States, which, although involving common problems, also present sharp contrasts at many vital points" (I:120-121). A member of the Columbia faculty, Goodnow [1859-1939] was the first individual in the United States to hold a professorship in administrative law.

Administrative Law And Judicial Deference

Author: Matthew Lewans
Publisher: Bloomsbury Publishing
ISBN: 1782253351
Size: 42.16 MB
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In recent years, the question whether judges should defer to administrative decisions has attracted considerable interest amongst public lawyers throughout the common law world. 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 100 years. This comparison demonstrates that the idea of judicial deference is a valuable feature of modern administrative law, because it gives lawyers and judges practical guidance on how to negotiate the constitutional tension between the democratic legitimacy of the administrative state and the judicial role in maintaining the rule of law.

The Judge And The Proportionate Use Of Discretion

Author: Sofia Ranchordás
Publisher: Routledge
ISBN: 1317606124
Size: 55.21 MB
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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.

Administrative Law Of The European Union Its Member States And The United States

Author: René Seerden
Publisher: Intersentia nv
ISBN: 9050952518
Size: 29.37 MB
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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. . What is administrative law? . Who is administrating? . Which instruments are available to the administration? . Which (formal) rules/principles (written or unwritten) govern administrative actions? . Access to (administrative) courts against administrative actions/decisions. . Recent and future developments and conclusions. The final chapter offers comparative remarks by the editors.

Administrative Law And Governance In Asia

Author: Tom Ginsburg
Publisher: Routledge
ISBN: 1135970645
Size: 38.13 MB
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This book examines administrative law in Asia, exploring the profound changes in the legal regimes of many Asian states that have taken place in recent years. Political democratization in some countries, economic change more broadly and the forces of globalization have put pressure on the developmental state model, wherein bureaucrats governed in a kind of managed capitalism and public-private partnerships were central. In their stead, a more market-oriented regulatory state model seems to be emerging in many jurisdictions, with emphases on transparency, publicity, and constrained discretion. This book analyses the causes and consequences of this shift from a socio-legal perspective, showing clearly how decisions about the scope of administrative law and judicial review have an important effect on the shape and style of government regulation. Taking a comparative approach, individual chapters trace the key developments in the legal regimes of major states across Asia, including China, Japan, Korea, Malaysia, Taiwan, Hong Kong, Indonesia, Singapore, the Philippines, Thailand and Vietnam. They demonstrate that, in many cases, Asian states have shifted away from traditional systems in which judges were limited in terms of their influence over social and economic policy, towards regulatory models of the state involving a greater role for judges and law-like processes. The book also considers whether judiciaries are capable of performing the tasks they are being given, and assesses the profound consequences the judicialization of governance is starting to have on state policy-making in Asia.

The Cambridge Companion To Comparative Law

Author: Mauro Bussani
Publisher: Cambridge University Press
ISBN: 0521895707
Size: 66.27 MB
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The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.

Comparative Administrative Law

Author: René Seerden
Publisher:
ISBN: 9781780686301
Size: 26.71 MB
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This book offers a comparative introduction, by the editor and native authors, to the most important aspects of administrative law in various EU Member States (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, worked out in the introduction by the editor, are: What is administrative law; Who is administrating; Which instruments are available for the administration; Which (formal) rules/principles (written or unwritten) govern administrative actions; Access to (administrative) courts against administrative actions/decisions; Enforcement by the administration; Financial liability of the administration for (un)lawful actions; Recent and future developments and conclusions. The final chapter offers comparative remarks by the editor. [Subject: Comparative Law, Administrative Law]