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Tradition And Change In Administrative Law

Author: Marina Künnecke
Publisher: Springer Science & Business Media
ISBN: 3540486895
Size: 63.99 MB
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Administrative legal systems are based on national constitutional legal traditions and cultural values. This book offers a historical and comparative analysis of English and German Administrative law. There is a growing need for comparative material and analysis in Administrative law - this book provides a valuable contribution to this field.

Traditions And Change In European Administrative Law

Author: Roberto Caranta
Publisher: Apollo Books
ISBN: 9789089520715
Size: 41.84 MB
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In Europe, the traditional continental administrative model is mainly top-down and is based on the following assumptions: a) Political bodies strike a balance among the conflicting interests present in the society or, rather, among the conflicting social interests, choosing those that deserve to gain the upper hand. b) The administrative organization has the task to implement the choices made by the law maker in specific cases and it is normally responsible to it. To this end, it works through adjudication processes and adopts decisions. Normally, to make adjudication more predictable and easier, given its complex structure, the administrative organization is also empowered to enact secondary rules. Rules and administrative decisions derive their legal authority from the law they are implementing, overriding individual interests. c) The courts are empowered to check that the administrative organization does not overstep the boundaries laid down by the law. * A different dialogue model is possible. It is based on the following assumptions: a) It is up to the different social actors to negotiate and find mutually acceptable compromises between conflicting interests. b) The administrative organization acts as a facilitator or broker of decisions, which are, to a more or less large extent, taken by the social actors. c) The courts check that all concerned social actors are allowed to take part in the dialogue and are fairly treated. * The research presented in this book classifies the European legal system according to the models outlined above, to their possible combinations, and to their variables.

Administrative Law

Author: Steven J. Cann
Publisher: SAGE
ISBN: 1412913969
Size: 76.75 MB
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In this new edition, author Steven J. Cann once again enlivens the topic of United States administrative law through the use of recent and "classic" legal cases to make it accessible and interesting to students. Administrative Law, Fourth Edition is an engaging casebook that presents a unique problem-solving framework that contrasts democracy with the administrative state. This novel approach places the often complex subject matter of U.S. administrative law into a more comprehensible context. The Fourth Edition has been completely updated and revised and includes many new cases to reflect changes in the law since the year 2000.

Legitimate Expectations And Proportionality In Administrative Law

Author: Robert Thomas
Publisher: Hart Publishing
ISBN: 1841130869
Size: 35.50 MB
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This book presents a comparison of the development of legitimate expectations and proportionality in European and English law against the different traditions of administrative law. While these two principles are well established in European law,only in recent years have the English courts years sought to integrate them into the common law and have experienced various difficulties in doing so. This book seeks to understand the motivation behind this development, explain why the English courts have been troubled by the principles and suggest how such difficulties can be resolved. It will be of interest to all administrative lawyers, both in practice and in academe. It will also be of interest to EU lawyers, particularly those interested in EU public law.Contents1. Approaches to Administrative Law2. The Integration of the Principles into English Law3. Legitimate Expectations4. Proportionality (I): European Doctrine and English Debate5. Proportionality (II): Future Development6. Conclusion

Tradition And Change

Author: Diana Greenway
Publisher: Cambridge University Press
ISBN: 9780521524995
Size: 34.90 MB
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Essays on the cultures of England and Normandy in the period after the Norman Conquest.

Comparative Administrative Law

Author: Susan Rose-Ackerman
Publisher: Edward Elgar Publishing
ISBN: 178471867X
Size: 60.82 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.

German Administrative Law

Author: Mahendra P. Singh
Publisher: Springer Science & Business Media
ISBN: 3662024578
Size: 51.92 MB
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It is with the greatest pleasure that I add a few introductory remarks to the book of Dr. Mahendra Pal Singh on German administrative law. Between 1981 and 1982 Dr. Singh spent nearly two years in Heidelberg, doing re search partly at the South Asia Institute of the Ruprecht Karl University and partly at the Max Planck Institute for Comparative Public Law and International Law. During his stay in the Federal Republic of Germany, Dr. Singh studied the general principles of German administrative law in a careful and admirable manner, and he has now completed the present book which is based on his studies in Heidelberg. For several reasons Dr. Singh is especially qualified to write this book: His famil iarity with the administrative law of his home country has enabled him to look upon the German law with considerable objectivity; his knowledge of the German lan guage gave him access to the vast amount of German literature and court decisions; and Dr. Singh was able to penetrate this material with a searching and scholarly spirit. The final product seems to be the first comprehensive treatise in English on German administrative law.

The Foundations And Traditions Of Constitutional Amendment

Author: Richard Albert
Publisher: Bloomsbury Publishing
ISBN: 1509908277
Size: 10.33 MB
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There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written. This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.

Tradition And Public Administration

Author: Martin Painter
Publisher: Springer
ISBN: 0230289630
Size: 70.44 MB
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Contributors examine the persistence of administrative patterns in the face of pressures for globablization by developing a concept of administrative traditions and describing the traditions that exist around the world. They assess the impact of traditions on administrative reforms and the capacities of government to change public administration.

Administrative Law In A Changing State

Author: Linda Pearson
Publisher: Bloomsbury Publishing
ISBN: 1847314694
Size: 29.53 MB
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This book of essays celebrates Mark Aronson's contribution to administrative law. As joint author of the leading Australian text on judicial review of administrative action, Aronson's work is well-known to public lawyers throughout the common law world and this is reflected in the list of contributors from the US, Canada, Australia, New Zealand and the UK. The introduction comes from Justice Michael Kirby of the High Court of Australia. The essays reflect Aronson's interests in judicial review, non-judicial grievance mechanisms, problems of proof and evidence, and the boundaries of public and private law. Amongst the contributors, Peter Cane, Elizabeth Fisher, and Linda Pearson write on administrative adjudication and decision-making, Anita Stuhmcke writes on Ombudsmen, and Robin Creyke and John McMillan, the Commonwealth Ombudsman, write on charters, codes and 'soft law'. There are evaluations of the profound influence of human rights law on judicial review from the UK by Sir Jack Beatson and Thomas Poole and from Canada by David Mullan. Matthew Groves and Chief Justice James Spigelman address developing themes in judicial review, while Carol Harlow, Richard Rawlings, Michael Taggart and Janet McLean follow Aronson's interests into the private side of public law. An American perspective is added by Alfred Aman and Jack Beermann.