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The Institutionalization of European Administrative Space

Martin Shapiro

in The Institutionalization of Europe

Published in print:
2001
Published Online:
April 2004
ISBN:
9780199247967
eISBN:
9780191601088
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019924796X.003.0005
Subject:
Political Science, European Union

The institutionalization of European administration space is examined through one of the least visible or understudied, but most important, outcomes of integration: the development of administrative ... More


The Giving Reasons Requirement

Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0007
Subject:
Political Science, Comparative Politics

To sustain a viable social science of law and courts, testable propositions, appropriate research designs for testing those hypotheses, and comparative materials are needed; Ch. 4, and the two papers ... More


The Institutionalization of Europe

Alec Stone Sweet, Wayne Sandholtz, and Neil Fligstein (eds)

Published in print:
2001
Published Online:
April 2004
ISBN:
9780199247967
eISBN:
9780191601088
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/019924796X.001.0001
Subject:
Political Science, European Union

In 1950, a European political space existed, if only as a very primitive site of international governance. Now, at the beginning of the twenty-first century, the European Union governs in an ... More


Administrative Law Controls on the Delegate

Catherine M Donnelly

in Delegation of Governmental Power to Private Parties: A Comparative Perspective

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199298242
eISBN:
9780191711626
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298242.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter examines the extent to which administrative law obligations are extended to private delegates of governmental power. Part One presents a short overview of the variety of sources of ... More


Unravelling Participation: A Rights‐based Approach

Joana Mendes

in Participation in EU Rule-Making: A Rights-Based Approach

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199599769
eISBN:
9780191729195
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599769.003.0002
Subject:
Law, EU Law

Chapter 2 explains the conceptual framework on which the book is based. The concept of participation adopted singles out a rights-based approach to participation from other forms of participation. It ... More


Going to Court: The Role of the Judiciary in Prosecutorial Discretion Decisions

Shoba Sivaprasad Wadhia and Leon Wildes

in Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

Published in print:
2015
Published Online:
May 2016
ISBN:
9781479829224
eISBN:
9781479807543
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479829224.003.0007
Subject:
Law, Human Rights and Immigration

This chapter examines the immigration agency’s historical position against judicial review over immigration prosecutorial discretion decisions and the philosophy behind judicial review. For more than ... More


‘The Metaphysic of Nullity’ * Invalidity, Conceptual Reasoning and the Rule of Law

Christopher Forsyth

in The Golden Metwand and the Crooked Cord: Essays in Honour of Sir William Wade QC

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198264699
eISBN:
9780191682766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264699.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter presents three main arguments. The first is that unlawful administrative acts are void in law. But they clearly exist in fact and they often appear to be valid; and those unaware of ... More


Public Law Unlawfulness and Liability in Damages

Duncan Fairgrieve

in State Liability in Tort: A Comparative Law Study

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.003.0003
Subject:
Law, Law of Obligations

This chapter focuses on the theoretical relationship between public law and the notion of illegality and liability in a damages action, discussing whether the unlawfulness of an administrative act is ... More


Assessing the Causal Link

Duncan Fairgrieve

in State Liability in Tort: A Comparative Law Study

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.003.0006
Subject:
Law, Law of Obligations

This chapter aims to clarify the attitude of the French and English courts toward state liability in tort with a comparative survey of prevailing tests of causation in each jurisdiction. The English ... More


Changing the Venue: The Quasi-Judicial Realm of the Administrative State

Sarah Staszak

in No Day in Court: Access to Justice and the Politics of Judicial Retrenchment

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199399031
eISBN:
9780190221713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199399031.003.0005
Subject:
Political Science, American Politics

This chapter examines the growth of the administrative state (and particularly agency adjudication) as a mechanism for moving the resolution of political, legal, and policy disputes away from the ... More


The Normative Architecture of Progressive Democracy: Reconstructing the Administrative State

Blake Emerson

in The Public's Law: Origins and Architecture of Progressive Democracy

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190682873
eISBN:
9780190682903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190682873.003.0005
Subject:
Law, Philosophy of Law

This chapter develops a normative model of Progressive democracy on the basis of the intellectual and institutional history presented in the previous chapters. The Progressive theory remedies ... More


Law

Peter Knoepfel

in Public Policy Resources

Published in print:
2018
Published Online:
May 2019
ISBN:
9781447345053
eISBN:
9781447345091
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447345053.003.0008
Subject:
Political Science, Public Policy

This chapter deals with the resource Law, which is defined as the competence of public actors to formulate and implement public policies and the right of civil actors to appeal mainly public ... More


The Formation of the Italian Administrative Justice System, European Common Principles of Administrative Law, and ‘Jurisdictionalization’ of Administrative Justice in the Nineteenth Century

Marco Mazzamuto

in Administrative Justice Fin de siècle: Early Judicial Standards of Administrative Conduct in Europe (1890-1910)

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198867562
eISBN:
9780191904332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867562.003.0011
Subject:
Law, Constitutional and Administrative Law

The present study deals with the formation of the Italian administrative justice system and its French derivation. The analysis therefore extends into the wider European context in the nineteenth ... More


The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers

Shihab al-Din Ahmad ibn Idris al-Qarafi al-Maliki

in The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers

Published in print:
2017
Published Online:
September 2017
ISBN:
9780300191158
eISBN:
9780300227567
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300191158.003.0002
Subject:
Law, Legal History

This chapter presents the English translation of the Introduction of the Criterion. Here, the author discusses the meaning of legal opinion, judicial ruling, and administrative acts, and how the book ... More


The Institutional Architecture of Progressive Democracy: From the New Deal to the Second Reconstruction

Blake Emerson

in The Public's Law: Origins and Architecture of Progressive Democracy

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190682873
eISBN:
9780190682903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190682873.003.0004
Subject:
Law, Philosophy of Law

This chapter describes examples of Progressive administration from the New Deal and the Second Reconstruction. This account explores the tension between public deliberation in the administrative ... More


The Open Road?: Navigating Public Administration and the Failed Promise of Administrative Law

Elizabeth Fisher

in The Foundations and Future of Public Law: Essays in Honour of Paul Craig

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198845249
eISBN:
9780191880537
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198845249.003.0011
Subject:
Law, Constitutional and Administrative Law

Administrative law has struggled to be what it axiomatically should be—the law of public administration. In this chapter I examine two ‘administrative moments’ in the history of Anglo-American ... More


6 Going to Court: The Role of the Judiciary in Prosecutorial Discretion Decisions

Shoba Sivaprasad Wadhia and Leon Wildes

in Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

Published in print:
2015
Published Online:
May 2016
ISBN:
9781479829224
eISBN:
9781479807543
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479829224.003.0007
Subject:
Law, Human Rights and Immigration

This chapter examines the immigration agency’s historical position against judicial review over immigration prosecutorial discretion decisions and the philosophy behind judicial review. For more than ... More


Public Authority Liability in Hungary: Constitutional Principles and Judicial Remedies

Lilla Berkes

in Tort Liability of Public Authorities in European Laws

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198867555
eISBN:
9780191904325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867555.003.0007
Subject:
Law, Constitutional and Administrative Law

In Hungary, government liability in tort was affected by the constitutional change that occurred after 1989. A new provision clearly stating government liability replaced the old one. A public body ... More


The Structure of American Law: Executing Policy

Lawrence M. Friedman and Grant M. Hayden

in American Law: An Introduction

Published in print:
2017
Published Online:
January 2017
ISBN:
9780190460587
eISBN:
9780190460624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190460587.003.0006
Subject:
Law, Comparative Law

This chapter examines the executive branch and the role of administrative law. It begins with a history of the rise of the administrative state. Next, it lays out a typology of administrative bodies, ... More


The Principles Governing Public Authority Liability in Poland

Marek Wierzbowski, Marek Grzywacz, Joanna Róg Dyrda, and Katarzyna Ziółkowska

in Tort Liability of Public Authorities in European Laws

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198867555
eISBN:
9780191904325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867555.003.0009
Subject:
Law, Constitutional and Administrative Law

Before 1989, Polish courts in some cases affirmed the liability of the State on the basis of existing legislative provisions. After 1989, the Constitution admits administrative liability in very ... More


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