Giacinto della Cananea and Stefano Mannoni (eds)
- Published in print:
- 2021
- Published Online:
- March 2021
- ISBN:
- 9780198867562
- eISBN:
- 9780191904332
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198867562.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book argues that too often the evolution of administrative law in Europe has been considered in the light of legal doctrines fashioned at the national level, if not of few authors, whose works ...
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This book argues that too often the evolution of administrative law in Europe has been considered in the light of legal doctrines fashioned at the national level, if not of few authors, whose works are quoted to stress the different paths undertaken by European countries after the French Revolution. The book deviates from these standard accounts in that it focuses on control of administrative power by the courts and considers, empirically, judicial decisions at the epoch of the Belle Époque, more precisely the years 1890-1910. The legal systems selected for comparison include Austria, Belgium, France, Germany, Italy, and the UK. Some relied on ordinary or generalist courts, while others created administrative courts, The outcome of the analysis confirms that, in contrast with the over-emphasized differences among national legal doctrines, the challenges which those legal systems faced were largely the same. Moreover, and more importantly, the analysis of the standards of conduct defined and refined by the courts reveals that they exercised an increasingly vigorous control over discretion. They gradually opened the gates of judicial review to new interests, intervened on grounds of purpose and defined general principles of law that were very similar, if not the same. The courts, not legislators, thus created the central tenets of administrative law. Finally, various explanations for the role played by the courts are considered in legal, historic, and political perspectives. The book thus provides an unprecedented outlook on the relationship between public authorities and individuals at the zenith of the sovereign state.Less
This book argues that too often the evolution of administrative law in Europe has been considered in the light of legal doctrines fashioned at the national level, if not of few authors, whose works are quoted to stress the different paths undertaken by European countries after the French Revolution. The book deviates from these standard accounts in that it focuses on control of administrative power by the courts and considers, empirically, judicial decisions at the epoch of the Belle Époque, more precisely the years 1890-1910. The legal systems selected for comparison include Austria, Belgium, France, Germany, Italy, and the UK. Some relied on ordinary or generalist courts, while others created administrative courts, The outcome of the analysis confirms that, in contrast with the over-emphasized differences among national legal doctrines, the challenges which those legal systems faced were largely the same. Moreover, and more importantly, the analysis of the standards of conduct defined and refined by the courts reveals that they exercised an increasingly vigorous control over discretion. They gradually opened the gates of judicial review to new interests, intervened on grounds of purpose and defined general principles of law that were very similar, if not the same. The courts, not legislators, thus created the central tenets of administrative law. Finally, various explanations for the role played by the courts are considered in legal, historic, and political perspectives. The book thus provides an unprecedented outlook on the relationship between public authorities and individuals at the zenith of the sovereign state.
Giacinto della Cananea and Roberto Caranta (eds)
- Published in print:
- 2020
- Published Online:
- March 2021
- ISBN:
- 9780198867555
- eISBN:
- 9780191904325
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198867555.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book is the first in a series which explores if, and to what extent, there is a common core of shared and connecting elements within the legal systems. It looks at government liability in tort ...
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This book is the first in a series which explores if, and to what extent, there is a common core of shared and connecting elements within the legal systems. It looks at government liability in tort as an entry point for the whole comparative research on the ‘common core of European administrative laws’. The book focuses on administrative procedure. It is divided into four parts. Part I sets the stage, explains the distinctive features of the new research, and deals with issues in methodology. Part II looks briefly at the constitutional and cultural framework in which government liability operates. Part III focuses on the main research done by presenting the case studies and supplying the answers to the hypothetical cases, which are at the heart of the ‘factual method’. Finally, Part IV compares and contrasts the information provided from Part III. It examines both the commonalities and the distinctive traits of these legal systems with a view to understanding their ‘common core’.Less
This book is the first in a series which explores if, and to what extent, there is a common core of shared and connecting elements within the legal systems. It looks at government liability in tort as an entry point for the whole comparative research on the ‘common core of European administrative laws’. The book focuses on administrative procedure. It is divided into four parts. Part I sets the stage, explains the distinctive features of the new research, and deals with issues in methodology. Part II looks briefly at the constitutional and cultural framework in which government liability operates. Part III focuses on the main research done by presenting the case studies and supplying the answers to the hypothetical cases, which are at the heart of the ‘factual method’. Finally, Part IV compares and contrasts the information provided from Part III. It examines both the commonalities and the distinctive traits of these legal systems with a view to understanding their ‘common core’.
Agnė Andrijauskaitė
- Published in print:
- 2021
- Published Online:
- September 2021
- ISBN:
- 9780198867609
- eISBN:
- 9780191904370
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198867609.003.0012
- Subject:
- Law, Constitutional and Administrative Law
This chapter reviews administrative procedure and judicial review in Lithuania. The introduction of administrative justice into the Lithuanian legal system happened against the backdrop of ...
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This chapter reviews administrative procedure and judicial review in Lithuania. The introduction of administrative justice into the Lithuanian legal system happened against the backdrop of Lithuania's 'unflinching' desire to join the European Union and was meant to strengthen the protection of individual rights and administrative accountability. Two cornerstone acts in this regard, the Law on Public Administration and the Law on Administrative Proceedings (APA), were adopted in 1999. Administrative courts were also established in the same year. Article 3 (1) APA spells out the general rule that administrative courts settle disputes arising in the domain of the public administration. All the acts and measures excluded from the competence of administrative courts are listed in Article 18 APA, which establishes the so-called negative competence of administrative courts. Meanwhile, Article 91 (1) (3) APA provides that the impugned administrative decision may be quashed if 'essential procedural rules intended to ensure objective and reasonable adoption of an administrative decision were breached'.Less
This chapter reviews administrative procedure and judicial review in Lithuania. The introduction of administrative justice into the Lithuanian legal system happened against the backdrop of Lithuania's 'unflinching' desire to join the European Union and was meant to strengthen the protection of individual rights and administrative accountability. Two cornerstone acts in this regard, the Law on Public Administration and the Law on Administrative Proceedings (APA), were adopted in 1999. Administrative courts were also established in the same year. Article 3 (1) APA spells out the general rule that administrative courts settle disputes arising in the domain of the public administration. All the acts and measures excluded from the competence of administrative courts are listed in Article 18 APA, which establishes the so-called negative competence of administrative courts. Meanwhile, Article 91 (1) (3) APA provides that the impugned administrative decision may be quashed if 'essential procedural rules intended to ensure objective and reasonable adoption of an administrative decision were breached'.
Xiaowei Sun
- Published in print:
- 2021
- Published Online:
- September 2021
- ISBN:
- 9780198867609
- eISBN:
- 9780191904370
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198867609.003.0005
- Subject:
- Law, Constitutional and Administrative Law
This chapter focuses on administrative procedure and judicial review in China. Despite its willingness to adapt to the rules of the global market, China does not accept the direct applicability of ...
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This chapter focuses on administrative procedure and judicial review in China. Despite its willingness to adapt to the rules of the global market, China does not accept the direct applicability of international standards in administrative litigation. Judicial review of administration is based on a set of legislative texts and judicial interpretations by the Supreme People's Court. Among these texts, the Administrative Litigation Law regulates the judicial review of administrative acts. There are two lists in its chapter concerning the scope of judicial review: one includes the administrative acts that are open to judicial review, another the acts that are not reviewable. In any case, it is up to the courts to examine the following two combinations of criteria: the degree of the seriousness of the infringement with the definition of the state interest and that of the public interest; and the degree of procedural breach with the definition of the real impact on the rights of the plaintiff. According to Article 76 of the ALL, in the case of annulment and/or declaration of unlawfulness of an administrative act, a court may order the administration to take measures to compensate the damage inflicted on the plaintiff.Less
This chapter focuses on administrative procedure and judicial review in China. Despite its willingness to adapt to the rules of the global market, China does not accept the direct applicability of international standards in administrative litigation. Judicial review of administration is based on a set of legislative texts and judicial interpretations by the Supreme People's Court. Among these texts, the Administrative Litigation Law regulates the judicial review of administrative acts. There are two lists in its chapter concerning the scope of judicial review: one includes the administrative acts that are open to judicial review, another the acts that are not reviewable. In any case, it is up to the courts to examine the following two combinations of criteria: the degree of the seriousness of the infringement with the definition of the state interest and that of the public interest; and the degree of procedural breach with the definition of the real impact on the rights of the plaintiff. According to Article 76 of the ALL, in the case of annulment and/or declaration of unlawfulness of an administrative act, a court may order the administration to take measures to compensate the damage inflicted on the plaintiff.
Edward D. Berkowitz
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9780226692067
- eISBN:
- 9780226692371
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226692371.003.0003
- Subject:
- Political Science, American Politics
This chapter examines what happened to the disability insurance program after its passage in 1956. At first, a process of incremental expansion took place. A period of concern over the rapid rise of ...
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This chapter examines what happened to the disability insurance program after its passage in 1956. At first, a process of incremental expansion took place. A period of concern over the rapid rise of the disability rolls followed, although the policy process proved incapable of disciplining the program. Over the years, program administrators have experimented with work incentives and measures to encourage the rehabilitation of disability recipients--with few positive results. Reform of disability policy proceeded around Social Security Disability Insurance program, such as in the 1990 passage of the Americans with Disabilities Act.Less
This chapter examines what happened to the disability insurance program after its passage in 1956. At first, a process of incremental expansion took place. A period of concern over the rapid rise of the disability rolls followed, although the policy process proved incapable of disciplining the program. Over the years, program administrators have experimented with work incentives and measures to encourage the rehabilitation of disability recipients--with few positive results. Reform of disability policy proceeded around Social Security Disability Insurance program, such as in the 1990 passage of the Americans with Disabilities Act.
Nicholas Al-Jeloo
- Published in print:
- 2015
- Published Online:
- January 2018
- ISBN:
- 9780748696161
- eISBN:
- 9781474416177
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748696161.003.0008
- Subject:
- Political Science, Conflict Politics and Policy
The signing of Iraq's Transitional Administrative Law on 8 March 2004 ushered in a new, more pluralistic era for Iraq. It was now a ‘country of many nationalities’. In addition, all Iraqi citizens ...
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The signing of Iraq's Transitional Administrative Law on 8 March 2004 ushered in a new, more pluralistic era for Iraq. It was now a ‘country of many nationalities’. In addition, all Iraqi citizens were equal in their rights ‘without regard to gender, sect, opinion, belief, nationality, religion, or origin’; ‘discrimination on the basis of gender, nationality, religion, or origin’ was prohibited. However, ‘ultra-minorities’ have been the subjects of sustained oppression and active persecution. This chapter explores the successes and failures with regard to Iraq's ethnic, linguistic and religious minorities, referring especially to recent human rights reports, making for a valuable case study in the way contemporary states deal with their minority groups.Less
The signing of Iraq's Transitional Administrative Law on 8 March 2004 ushered in a new, more pluralistic era for Iraq. It was now a ‘country of many nationalities’. In addition, all Iraqi citizens were equal in their rights ‘without regard to gender, sect, opinion, belief, nationality, religion, or origin’; ‘discrimination on the basis of gender, nationality, religion, or origin’ was prohibited. However, ‘ultra-minorities’ have been the subjects of sustained oppression and active persecution. This chapter explores the successes and failures with regard to Iraq's ethnic, linguistic and religious minorities, referring especially to recent human rights reports, making for a valuable case study in the way contemporary states deal with their minority groups.
