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Author: Filipe Brito Bastos
Publisher: Bloomsbury Publishing
ISBN: 1509980431
Category : Law
Languages : en
Pages : 305
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Book Description
This book examines the European Court of Justice's principles relating to composite decision-making. Through rigorous case law analysis, it shows how these rely on national and Union observance of rule of law requirements, under what the book calls the 'Unitary Protection' doctrine. It explores the theoretical dimension of this doctrine, illustrating how it represents a departure from the EU's foundational federalist approach to administrative law. This fills a long-standing gap in the literature and in our full understanding of composite decision-making, a key tenet of EU law. EU constitutional and administrative law scholars will be fascinated by this compelling study.
Author: Filipe Brito Bastos
Publisher: Bloomsbury Publishing
ISBN: 1509980431
Category : Law
Languages : en
Pages : 305
Get Book Here
Book Description
This book examines the European Court of Justice's principles relating to composite decision-making. Through rigorous case law analysis, it shows how these rely on national and Union observance of rule of law requirements, under what the book calls the 'Unitary Protection' doctrine. It explores the theoretical dimension of this doctrine, illustrating how it represents a departure from the EU's foundational federalist approach to administrative law. This fills a long-standing gap in the literature and in our full understanding of composite decision-making, a key tenet of EU law. EU constitutional and administrative law scholars will be fascinated by this compelling study.
Author: Karl Halvor Teigen
Publisher:
ISBN: 9788215018782
Category : Decision making
Languages : en
Pages : 296
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Book Description
This book gives insights into the most recent developments in research on judgement and decision-making. It contains contributions from some of the best-known experts in this broad field. The book is written for a wide audience and is of interest for anyone who wants to understand and improve his or her ability to make appropriate judgements and decisions. The different chapters cover a great variety of topics related to probability judgements and risk perception, cognitive and emotional processes underlying judgement, and the pragmatics of choice behaviour along with related aspects of social cognition. The different chapters, written by researchers from many countries and from different domains including psychology, linguistics, business administration and marketing, reflect the multi-disciplinary character of the book.
Author: Robert H. Ashton
Publisher: Cambridge University Press
ISBN: 0521418445
Category : Business & Economics
Languages : en
Pages : 311
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Book Description
A timely and comprehensive study on behavioural decision-making within the field of accounting.
Author: Filipe Brito Bastos
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 312
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Book Description
The thesis examines how EU courts have addressed the rule of law challenges of composite procedures. Composite procedures are pervasive administrative processes which involve joint decision-making by national and EU authorities. Such procedures fit poorly with the EU’s traditional model of administrative law, EU executive federalism, which is designed for an administrative system where decisional power is exercised separately by the two levels. This mismatch would make it difficult to observe several key requirements of the rule of law in EU administrative law – such as the right to be heard, the right to a reasoned decision, judicial protection, and the control of legality. The thesis argues that EU courts have crafted a series of unprecedented implicit principles that specifically aim at ensuring the observance of rule of law requirements in composite decision-making. In doing so, EU case law has departed from the old doctrine of EU executive federalism. This was however not an easy transition. Indeed, since the EU’s foundational period, EU executive federalism was considered to be a constitutional doctrine, i.e., to immediately flow from the Treaties. Given the almost complete lack of references to administrative issues in the Treaties, this reading was entirely question-begging. Its espousal in the case law is explained in the dissertation as the likely result of a shared federalist conception of the European Union and of the administrative order created under its aegis. The thesis further argues that, just as the doctrine of EU executive federalism, the judge-made law of composite procedures relies on a series of assumptions on the relations between national and EU administration. The principles of composite decision-making do not treat national and EU authorities as two strictly separate spheres of power. Rather, they handle the two levels as a single, integrated administration, where national authorities are treated as an extension of the Commission - as the EU administration’s ancillary bureaucracy.
Author:
Publisher:
ISBN:
Category : Military research
Languages : en
Pages : 656
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Book Description
Author: Ira M. Robinson
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 632
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Book Description
"The systematic presentation of this book follows in a formal way a well established paradigm of the planning process. It deals with the setting of goals, the formulation of alternatives, the prediction of outcomes, and the evaluation of the alternatives in relation to the goals and the outcomes." From foreward.
Author: Frans H. van Eemeren
Publisher: John Benjamins Publishing Company
ISBN: 9027268088
Category : Language Arts & Disciplines
Languages : en
Pages : 355
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Book Description
Scrutinizing Argumentation in Practice contains a selection of papers reflecting upon the use of argumentation in real life contexts. The first five sections are devoted to argumentation in a specific institutional context: scientific controversies, argumentation in politics, argumentation in a legal context, argumentation in education, argumentation in an interpersonal context. The last section deals with strategic maneuvering as a vital concept in studying argumentation in practice. The contributors are: Francesco Arcidiacono, Michael J. Baker, Sarah Bigi, Marina Bletsas, Stephanie Breux, William O. Dailey, Marianne Doury, Claudio Duran, Frans H. van Eemeren, Lindsay M. Ellis, Jeanne Fahnestock, Eveline T. Feteris, Bart Garssen, Anca Gâţă, Salma I. Ghanem, Sara Greco, Edward A. Hinck, Robert S. Hinck, Shelly S. Hinck, Henrike Jansen, Takayuki Kato, Susan L. Kline, Pascale Mansier, Bert Meuffels, Celine Miserez-Caperos, D’Arcy Oaks, Sachinidou Paraskevi, Anne-Nelly Perret-Clermont, H. José Plug, Takeshi Suzuki, and David Zarefsky.
Author: Shaobo Zhong
Publisher: Trans Tech Publications Ltd
ISBN: 3038135283
Category : Technology & Engineering
Languages : en
Pages : 1082
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Book Description
Volume is indexed by Thomson Reuters CPCI-S (WoS). The aim of this special volume is to facilitate the exchange of information concerning the best practice with regard to Advanced Intelligent Structures, Bio-Inspired Smart Materials and Structures, Active Materials, Mechanics and Behavior, Vibration and Control, Modeling, Simulation, Control and Applications, etc. It will provide an opportunity for engineers and scientists, in academia, industry and government, to address the most innovative research and new development, including technical challenges, social and economic issues, and to discuss their ideas, results, work-in-progress and experience concerning all aspects of Intelligent Structure and Vibration Control.
Author: Brian M. Barry
Publisher: Taylor & Francis
ISBN: 0429657498
Category : Law
Languages : en
Pages : 361
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Book Description
A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.
Author: Penny Darbyshire
Publisher: Bloomsbury Publishing
ISBN: 1847317790
Category : Law
Languages : en
Pages : 478
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Book Description
The public image of judges has been stuck in a time warp; they are invariably depicted in the media - and derided in public bars up and down the country - as 'privately educated Oxbridge types', usually 'out-of-touch', and more often than not as 'old men'. These and other stereotypes - the judge as a pervert, the judge as a right-wing monster - have dogged the judiciary long since any of them ceased to have any basis in fact. Indeed the limited research that was permitted in the 1960s and 1970s tended to reinforce several of these stereotypes. Moreover, occasional high profile incidents in the courts, elaborated with the help of satirists such as 'Private Eye' and 'Monty Python', have ensured that the 'old white Tory judge' caricature not only survives but has come to be viewed as incontestable. Since the late 1980s the judiciary has changed, largely as a result of the introduction of training and new and more transparent methods of recruitment and appointment. But how much has it changed, and what are the courts like after decades of judicial reform? Given unprecedented access to the whole range of courts - from magistrates' courts to the Supreme Court - Penny Darbyshire spent seven years researching the judges, accompanying them in their daily work, listening to their conversations, observing their handling of cases and the people who come before them, and asking them frank and searching questions about their lives, careers and ambitions. What emerges is without doubt the most revealing and compelling picture of the modern judiciary in England and Wales ever seen. From it we learn that not only do the old stereotypes not hold, but that modern 'baby boomer' judges are more representative of the people they serve and that the reforms are working. But this new book also gives an unvarnished glimpse of the modern courtroom which shows a legal system under stress, lacking resources but facing an ever-increasing caseload. This book will be essential reading for anyone wishing to know about the experience of modern judging, the education, training and professional lives of judges, and the current state of the courts and judiciary in England and Wales.
