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Author: Mark I. Aronson Publisher: ISBN: 9780455230719 Category : Judicial review of administrative acts Languages : en Pages : 995
Book Description
Repeatedly cited in the High Court of Australia, this landmark work remains an authoritative reference for judicial officers, practioners and students alike.
Author: Mark I. Aronson Publisher: ISBN: 9780455230719 Category : Judicial review of administrative acts Languages : en Pages : 995
Book Description
Repeatedly cited in the High Court of Australia, this landmark work remains an authoritative reference for judicial officers, practioners and students alike.
Author: Louis Leventhal Jaffe Publisher: ISBN: Category : Law Languages : en Pages : 816
Book Description
Collection of articles on legal aspects and control of the administration of justice in the USA and examination of major aspects of the relationship between agencies of economic administration and other forms of public administration and courts of law - includes relevant jurisprudence.
Author: Swati Jhaveri Publisher: Cambridge University Press ISBN: 1108481574 Category : Law Languages : en Pages : 447
Book Description
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Author: Chris Backes Publisher: Bloomsbury Publishing ISBN: 1509921486 Category : Law Languages : en Pages : 1031
Book Description
This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.
Author: ROBERT L.. LEVY GLICKSMAN (RICHARD E.) Publisher: Foundation Press ISBN: 9781640206274 Category : Languages : en Pages : 1395
Book Description
The third edition of this innovative administrative law casebook retains and enhances its unique features: Focus on five representative agencies to provide students with a more holistic understanding of agencies and provide context. Use of a consistent unit design that maximizes student learning and facilitates the use of the book with a wide variety of teaching styles, including traditional methods and the "flipped" classroom. Incorporation of cutting-edge cases and problems that focus on the practical application of administrative law doctrines. By focusing on five important and representative agencies (the EPA, NLRB, SSA, IRS, and FCC), the book addresses two key problems for teaching and learning administrative law: (1) students' lack of familiarity with agencies and what they do; and (2) the difficulty of understanding new and different agencies and their organic statutes for each new administrative law case. Extended treatment of these five agencies, including one chapter for each agency that focuses on its use of a particular kind of agency action (rulemaking, policymaking adjudication, mass adjudication, informal action, and enforcement) provides students with a more complete picture of what agencies do and how they do it. Because the principal cases and problems involve the same five agencies throughout the book, the need to learn about new agencies and understand new organic statutes is greatly reduced, enabling students and teachers to focus on the administrative law issues in the cases. The book uses a consistent "unit" format throughout. Each unit covers a particular topic and includes (1) a clear and comprehensive discussion of the basic doctrine governing the topic; (2) a principal case or cases to illustrate the application of the doctrine and highlight key issues; (3) a discussion of related matters to explore additional issues and connections between topics; and (4) a detailed administrative law problem requiring the application of the doctrine in context. This unique structure and design facilitates the use of the book with a variety of teaching methods, including the Socratic method, lecture and discussion, and the problem method. Because it combines clear exposition, illustrative principal cases, and comprehensive problems, the book is also an ideal tool for teachers who want to flip their classrooms. This unit structure also enhances the flexibility of the book, allowing teachers easily to select topics for coverage and determine the depth of coverage they wish to provide. The third edition has been thoroughly updated to provide cutting edge treatment of emerging administrative law issues and developments, including the reinvigoration of separation of powers, the erosion of Chevron deference, and constraints on agency guidance documents. The third edition also reflects changes designed to enhance the book's effectiveness as a teaching and learning tool, such as increased use of primary administrative law materials, improvements to problems, and new principal cases.
Author: Pamela Herd Publisher: Russell Sage Foundation ISBN: 1610448782 Category : Social Science Languages : en Pages : 360
Book Description
Bureaucracy, confusing paperwork, and complex regulations—or what public policy scholars Pamela Herd and Donald Moynihan call administrative burdens—often introduce delay and frustration into our experiences with government agencies. Administrative burdens diminish the effectiveness of public programs and can even block individuals from fundamental rights like voting. In AdministrativeBurden, Herd and Moynihan document that the administrative burdens citizens regularly encounter in their interactions with the state are not simply unintended byproducts of governance, but the result of deliberate policy choices. Because burdens affect people’s perceptions of government and often perpetuate long-standing inequalities, understanding why administrative burdens exist and how they can be reduced is essential for maintaining a healthy public sector. Through in-depth case studies of federal programs and controversial legislation, the authors show that administrative burdens are the nuts-and-bolts of policy design. Regarding controversial issues such as voter enfranchisement or abortion rights, lawmakers often use administrative burdens to limit access to rights or services they oppose. For instance, legislators have implemented administrative burdens such as complicated registration requirements and strict voter-identification laws to suppress turnout of African American voters. Similarly, the right to an abortion is legally protected, but many states require women seeking abortions to comply with burdens such as mandatory waiting periods, ultrasounds, and scripted counseling. As Herd and Moynihan demonstrate, administrative burdens often disproportionately affect the disadvantaged who lack the resources to deal with the financial and psychological costs of navigating these obstacles. However, policymakers have sometimes reduced administrative burdens or shifted them away from citizens and onto the government. One example is Social Security, which early administrators of the program implemented in the 1930s with the goal of minimizing burdens for beneficiaries. As a result, the take-up rate is about 100 percent because the Social Security Administration keeps track of peoples’ earnings for them, automatically calculates benefits and eligibility, and simply requires an easy online enrollment or visiting one of 1,200 field offices. Making more programs and public services operate this efficiently, the authors argue, requires adoption of a nonpartisan, evidence-based metric for determining when and how to institute administrative burdens, with a bias toward reducing them. By ensuring that the public’s interaction with government is no more onerous than it need be, policymakers and administrators can reduce inequality, boost civic engagement, and build an efficient state that works for all citizens.
Author: Paul Daly Publisher: Oxford University Press ISBN: 0192896911 Category : Law Languages : en Pages : 321
Book Description
A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.