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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 New Separation of Powers: A Theory for the Modern State

Eoin Carolan

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199568673
eISBN:
9780191721588
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568673.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

This book develops a new model of the separation of powers theory for the administrative state. The traditional tripartite separation of powers theory does not reflect the way in which modern ... More


A New Theory of Institutional Separation

Eoin Carolan

in The New Separation of Powers: A Theory for the Modern State

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199568673
eISBN:
9780191721588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568673.003.005
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter contains the core outline of the new separation of powers model proposed in the book. It examines the way in which the notion of non-arbitrariness has featured in the courts’ attempts to ... More


Institutional Legitimacy and the Administrative State

Eoin Carolan

in The New Separation of Powers: A Theory for the Modern State

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199568673
eISBN:
9780191721588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568673.003.003
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter begins with a short account of Unger’s theory of counter-normative exceptions. This posits that exceptions in law may indicate the existence of an alternative ideology. This suggests ... More


Discretion, Cues and Authority

Edward C Page and Bill Jenkins

in Policy Bureaucracy: Government with a Cast of Thousands

Published in print:
2005
Published Online:
October 2011
ISBN:
9780199280414
eISBN:
9780191700118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280414.003.0005
Subject:
Political Science, UK Politics

The difference between middle-ranking policy bureaucrats and politicians is distinguished in this chapter which presents the different aspects of decision-making in policy initiatives. It also takes ... More


Cases

Giacinto della Cananea and Roberto Caranta

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/9780198867555.003.0014
Subject:
Law, Constitutional and Administrative Law

Part III is at the heart of the ‘common core’ methodology employed in this research. It is based on a group of hypothetical cases discussed with national experts, in order to ascertain whether they ... More


Freund and Frankfurter

Daniel R. Ernst

in Tocqueville’s Nightmare: The Administrative State Emerges in America, 1900-1940

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199920860
eISBN:
9780199377206
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199920860.003.0002
Subject:
Political Science, American Politics

One of the few Americans who looked to the European continent not just for programs to address the social ills of capitalism but also to constrain administrators was the German-educated law professor ... More


The Tripartite Separation of Powers Theory

Eoin Carolan

in The New Separation of Powers: A Theory for the Modern State

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199568673
eISBN:
9780191721588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568673.003.0002
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter subjects the traditional tripartite separation of powers theory to scrutiny on the basis of the criteria developed in the previous chapter. It concludes that the theory is outdated and ... More


The ‘New Penology’ as a Constitutional Matter: The Crisis of Legality in the Rule of Law and the (1900s to 1930s)

Michele Pifferi

in Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198743217
eISBN:
9780191803079
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743217.003.0007
Subject:
Law, Criminal Law and Criminology

The chapter provides an analysis of the key role of the principle of legality for penal liberalism and of its fragmentation as a consequence of criminological theories and the individualization of ... More


Nulla Poena Sine Lege and Sentencing Discretion

Michele Pifferi

in Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198743217
eISBN:
9780191803079
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743217.003.0008
Subject:
Law, Criminal Law and Criminology

The chapter describes how criminological proposals and penal reformism affected the constitutional balance of the European Rechtsstaat: European legal culture rejected administrative discretion in ... More


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