Due Process of Law Beyond the State

Author: Giacinto della Cananea
Publisher: Oxford University Press
ISBN: 9780198788386
Release Date: 2016-09-22
Genre:

Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those public authorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization. Analysing the procedural due process requirements applicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, such as good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect when interpreting standards of justice.

Eu Administrative Law

Author: Paul Craig
Publisher: Oxford University Press, USA
ISBN: 9780198831648
Release Date: 2018-11
Genre:

The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.

Research Handbook on EU Administrative Law

Author: Carol Harlow
Publisher: Edward Elgar Publishing
ISBN: 9781784710682
Release Date: 2017-02-24
Genre:

Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don’t know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen ‘voice’ and access to policy-making.

ReNEUAL Model Rules on EU Administrative Procedure

Author: Paul Craig
Publisher: Oxford University Press
ISBN: 9780198795308
Release Date: 2017-06-08
Genre:

This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.

The Administrative State

Author: Dwight Waldo
Publisher: Routledge
ISBN: 9781351486330
Release Date: 2017-09-04
Genre: Political Science

This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.

Comparative Matters

Author: Ran Hirschl
Publisher: Oxford University Press, USA
ISBN: 9780198714514
Release Date: 2014
Genre: Law

Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Ran Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach tocomparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing thesharp divide between constitutional law and the social sciences.

Understanding Law for Public Administration

Author: Charles Szypszak
Publisher: Jones & Bartlett Learning
ISBN: 0763780111
Release Date: 2011-08-25
Genre: Education

A comprehensive overview and resource for public administration students and practitioners. This book is a combination of an introduction to basic legal principles, analysis of excerpts from instructive cases, and practical advice. It is an original approach to learning about law for those who work for the public good, the culmination of more than twenty-five years of research, study, counseling, law reform work, and reflection on what the law is and should be and how this can be explained to any reasonably thoughtful person. The book combines substantive coverage of law subjects likely to be encountered in public administration, analysis of illustrative cases, and practical advice. It distills and simplifies complex topics and combines legal theory with practical realities. The book describes the general nature of the laws, cases, and legal principles that public administrators are most likely to encounter. It begins by considering the sources of rules that govern our behavior, the evolution of formal law, and formal sources of law in the United States legal system. The next several chapters discuss constitutional law principles, providing an overview of important issues and analyzing important illustrative cases. The next several chapters follow a similar approach to the main law subjects likely to be encountered in public administration. The remaining chapters cover practical matters, including public ethics, how to deal with lawyers, and how to do legal research.

Administrative Law and Politics

Author: Christine B. Harrington
Publisher: CQ Press
ISBN: 9781483322872
Release Date: 2014-09-02
Genre: Political Science

In the Fifth Edition of Administrative Law and Politics, authors Christine B. Harrington and Leif H. Carter show the scope and power of administrative government and demonstrate how the legal system shapes administrative procedure and practice. Using accessible language and examples, the casebook provides the foundation that students, public administrators and policy analysts need to interpret the rules and regulations that support our legal system.

Due Process of Lawmaking

Author: Susan Rose-Ackerman
Publisher: Cambridge University Press
ISBN: 9781316194744
Release Date: 2015-01-22
Genre: Law

With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.

Model Rules of Professional Conduct

Author: ABA Center for Professional Conduct
Publisher: American Bar Association
ISBN: 1604425172
Release Date: 2009
Genre: Law

The Model Rules of Professional Conduct offers timely information on lawyer ethics. The black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules help lawyers identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the lawyer's relationship with clients, colleagues, and the courts.

The Indigo Book

Author: Christopher Jon Sprigman
Publisher: Lulu.com
ISBN: 9781892628022
Release Date: 2016-05-02
Genre: Citation of legal authorities

This public domain book is an open and compatible implementation of the Uniform System of Citation.

Administrative Law and Procedure

Author: Elizabeth C. Richardson
Publisher: Cengage Learning
ISBN: 0827374682
Release Date: 1996
Genre: Business & Economics

Administrative Law teaches theory, procedure and practical application. In addition the reader will learn and understand the substantive law of four areas of administrative law. They include Social Security disability, Immigration Law, Title VII of the Civil Rights Act of 1964 and Environmental Law. These areas of law are fast growing and interesting and offer expansive job opportunities to paralegals.ALSO AVAILABLEINSTRUCTOR SUPPLEMENTS CALL CUSTOMER SUPPORT TO ORDERInstructor’s Manual, ISBN: 0-8273-7469-0Computerized Test Bank (1996), ISBN: 0-8273-7977-3