Comparative Administrative Law

Comparative Administrative Law PDF Author: Frank J. Goodnow
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 724

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Book Description

Comparative Administrative Law

Comparative Administrative Law PDF Author: Frank J. Goodnow
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 724

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Book Description


The Oxford Handbook of Comparative Administrative Law

The Oxford Handbook of Comparative Administrative Law PDF Author: Peter Cane
Publisher:
ISBN: 0198799985
Category : Law
Languages : en
Pages : 1169

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Book Description
In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.

Comparative Administrative Law

Comparative Administrative Law PDF Author: René Seerden
Publisher:
ISBN: 9781780686301
Category : Administrative law
Languages : en
Pages : 0

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Book Description
This book offers a comparative introduction 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.

Administrative Law and Governance in Asia

Administrative Law and Governance in Asia PDF Author: Tom Ginsburg
Publisher: Routledge
ISBN: 1135970645
Category : Law
Languages : en
Pages : 395

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Book Description
This book examines administrative law throughout Asia, exploring the profound changes in many legal regimes that have occurred. It shows how many states have shifted towards a more market-oriented regulatory state model, involving a greater role for judges and law-like processes, and explores the profound implications of this for policy-making.

The Dubious Morality of Modern Administrative Law

The Dubious Morality of Modern Administrative Law PDF Author: Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University
Publisher: Rowman & Littlefield
ISBN: 1538141507
Category : Law
Languages : en
Pages : 237

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Book Description
Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of how theadministrative state has gone astray since the New Deal. First examining how federal administrative powers worked well in an earlier age of limited government, dealing with such issues as land grants, patents, tariffs and government employment contracts, Epstein then explains how modern broad mandates for delegated authority are inconsistent with the rule of law and lead to systematic abuse in a wide range of subject matter areas: environmental law; labor law; food and drug law; communications laws, securities law and more. He offers detailed critiques of major administrative laws that are now under reconsideration in the Supreme Court and provides recommendations as to how the Supreme Court can roll back the administrative state in a coherent way.

Deference to the Administration in Judicial Review

Deference to the Administration in Judicial Review PDF Author: Guobin Zhu
Publisher: Springer Nature
ISBN: 3030315398
Category : Law
Languages : en
Pages : 445

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Book Description
This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.

Judicial Review of Administrative Action

Judicial Review of Administrative Action PDF Author: Swati Jhaveri
Publisher: Cambridge University Press
ISBN: 1108481574
Category : Law
Languages : en
Pages : 447

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Book Description
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.

The Judge and the Proportionate Use of Discretion

The Judge and the Proportionate Use of Discretion PDF Author: Sofia Ranchordás
Publisher: Routledge
ISBN: 1317606124
Category : Law
Languages : en
Pages : 224

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Book Description
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.

The Cambridge Companion to Comparative Law

The Cambridge Companion to Comparative Law PDF Author: Mauro Bussani
Publisher: Cambridge University Press
ISBN: 0521895707
Category : Business & Economics
Languages : en
Pages : 423

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Book Description
The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.

A Theory of Deference in Administrative Law

A Theory of Deference in Administrative Law PDF Author: Paul Daly
Publisher: Cambridge University Press
ISBN: 1107025516
Category : Law
Languages : en
Pages : 323

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Book Description
Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.