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Tradition And Change In Administrative Law

Author: Marina Künnecke
Publisher: Springer Science & Business Media
ISBN: 3540486895
Size: 63.89 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: 61.40 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: 39.78 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.

Tradition And Change

Author: Diana Greenway
Publisher: Cambridge University Press
ISBN: 9780521524995
Size: 44.92 MB
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Essays on the cultures of England and Normandy in the period after the Norman Conquest.

Legitimate Expectations And Proportionality In Administrative Law

Author: Robert Thomas
Publisher: Hart Publishing
ISBN: 1841130869
Size: 22.24 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.

Comparative Administrative Law

Author: Susan Rose-Ackerman
Publisher: Edward Elgar Publishing
ISBN: 178471867X
Size: 51.58 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.

Tradition And Public Administration

Author: Martin Painter
Publisher: Springer
ISBN: 0230289630
Size: 46.42 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.

The Institutionalization Of Europe

Author: Alec Stone Sweet
Publisher: OUP Oxford
ISBN: 9780191530159
Size: 54.64 MB
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In 1950, a European political space existed, if only as a very primitive site of international governance. Today, the European Union governs in an ever-growing number of policy domains. Increasingly dense networks of transnational actors representing electorates, member state governments, firms, and specialized interests operate in arenas that are best understood as supranational. At the same time, the capacity of European organizations - the Bank, the Commission, and the Court of Justice - to make authoritative policy decisions has steadily expanded, profoundly transforming the very nature of the European polity. This book, a companion volume to European Integration and Supranational Governance, offers readers a sophisticated theoretical account of this transformation, as well as original empirical research. The editors elaborate an innovative synthesis of institutionalist theory that contributors use to explain the sources and consequences of the emergence and institutionalization of European political arenas. Some chapters examine the evolution of integration and supranational governance across time and policy domain. Others recount more discrete episodes, including: the development of women's rights, the judicial review of administrative acts, a stable system of interest group representation, and enhanced cooperation in foreign policy and security; the creation of the European Central Bank; the emergence of new policy competences, such as for policing and immigration; and the multi-dimensional impact of European policies on national modes of governance.

The Max Planck Handbooks In European Public Law Volume I The Administrative State

Author: Sabino Cassese
Publisher: Oxford University Press
ISBN: 0191039837
Size: 66.36 MB
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The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.

New Directions In European Public Law

Author: Jack Beatson
Publisher: Bloomsbury Publishing
ISBN: 1847313337
Size: 65.47 MB
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This collection of essays arises from two symposia held by the University of Cambridge's Centre for Public Law and Centre for European Legal Studies in the winter and spring of 1997. It presents an analysis of a cluster of issues arising in the EU public law arena but naturally falls into two interrelated but distinct parts. The first part deals with issues of liability in public law and the availability of remedies in EC and domestic law. The second part deals with EU public law on a broader canvas,by examining the phenomenon of cross-fertilization among national legal systems in Europe and between national systems and EU law. The book also examines the judgment of the Divisional Court of 31 July 1997 in R v. Secretary of State for Transport ex parte Factortame Ltd and the post-Francovich judgments in Palmisani, Maso and Bonifaci delivered by the Court of Justice on 10 July 1997. Contributors: John Allison, Jack Beatson, John Bell, Paul Craig, Piet Eeckhout, Ivan Hare, Mark Hoskins, Peter Oliver, Eivind Smith, Luisa Torchia, Takis Tridimas, Walter van Gerven.