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Judging the Administration in France: Changes Ahead? 1

Jean Marc Sauvé

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0021
Subject:
Law, Legal History

This chapter deals with how the Council acts as both legal advisor of the government and highest administrative judge. It identifies the key issues and changes that lie before the French ... More


Administrative Justice and Standards of Substantive Judicial Review

Jeffrey Jowell

in Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199219032
eISBN:
9780191711862
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219032.003.0010
Subject:
Law, EU Law

This chapter addresses the question of whether there is or should be a single test for judicial review of the substance of a public authority's decision. It argues for the democratic necessity of ... More


Equal Justice and Due Process of Law

T.R.S. ALLAN

in Constitutional Justice: A Liberal Theory of the Rule of Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199267880
eISBN:
9780191707728
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267880.003.0005
Subject:
Law, Constitutional and Administrative Law

The principles of equality and due process lie at the heart of the rule of law, when interpreted as an ideal of constitutionalism, based on each citizen's equal dignity. The meaning of the rule of ... 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 Separation of Powers and Judicial Review

T. R. S. Allan

in Law, Liberty, and Justice: The Legal Foundations of British Constitutionalism

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259916
eISBN:
9780191682025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259916.003.0008
Subject:
Law, Constitutional and Administrative Law

Although individual rights in public law must be sharply distinguished from private law rights, their content is closely related to the nature and scope of the powers and duties entrusted to public ... More


The Impact of Pan-European General Principles of Good Administration on United Kingdom Administrative Law: Shared Principles in a Strained Relationship

Sarah Nason

in Good Administration and the Council of Europe: Law, Principles, and Effectiveness

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198861539
eISBN:
9780191893537
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198861539.003.0004
Subject:
Law, Public International Law

This chapter explores the impact of the pan-European principles of good administration on the legal system of the United Kingdom. The chapter reveals that whilst the European Convention on Human ... More


Justice as Constancy

MATTHEW H. KRAMER

in In Defense of Legal Positivism: Law Without Trimmings

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264834
eISBN:
9780191705229
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264834.003.0002
Subject:
Law, Philosophy of Law

This chapter undertakes a critique of the account of formal justice propounded by David Lyons. On the one hand, the chapter agrees with Lyons that the mere status of norms as laws does not confer any ... More


Implementation of the Pan-European General Principles of Good Administration in Bulgaria? It Would Be a Really Good Idea

Vesco Paskalev

in Good Administration and the Council of Europe: Law, Principles, and Effectiveness

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198861539
eISBN:
9780191893537
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198861539.003.0020
Subject:
Law, Public International Law

This chapter canvasses the impact on the administrative law of Bulgaria of the pan-European principles of good administration developed by the Council of Europe (CoE) in the aftermath of socialism ... More


Standards of Judicial Review of Administrative Action (1890–1910) in the German Empire

Lilly Weidemann

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/9780198867562.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter examines the administrative jurisdiction of selected states of the German Empire—Baden, Prussia, Württemberg, Bavaria, and Saxony—between 1890 and 1910. A short description of the ... More


The Austrian Perception of the Council of Europe: With Particular Regard to Administrative Law

Alexander Balthasar

in Good Administration and the Council of Europe: Law, Principles, and Effectiveness

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198861539
eISBN:
9780191893537
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198861539.003.0013
Subject:
Law, Public International Law

This chapter explores the impact on Austrian administrative law of the pan-European general principles of good administration developed within the framework of the Council of Europe (CoE). It reveals ... More


A Theory of Legitimate Expectations for Public Administration

Alexander Brown

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198812753
eISBN:
9780191851926
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812753.001.0001
Subject:
Law, Constitutional and Administrative Law

In this book Alexander Brown addresses the fundamental terms of our relationship to governmental administrative agencies, and whether they should have unfettered discretion over administrative ... More


Belgian Pluralism and Pragmatism: Shared Principles in a Strained Relationship

Yseult Marique

in Good Administration and the Council of Europe: Law, Principles, and Effectiveness

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198861539
eISBN:
9780191893537
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198861539.003.0005
Subject:
Law, Public International Law

This chapter discusses the impact on Belgian administrative law of the pan-European principles of good administration from the Council of Europe (CoE). Although the Belgian legal order is rather ... More


The Dutch Paradox: The Impact of the Pan-European General Principles of Good Administration in the Netherlands

Janneke Gerards, Frank van Ommeren, and Johan Wolswinkel

in Good Administration and the Council of Europe: Law, Principles, and Effectiveness

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198861539
eISBN:
9780191893537
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198861539.003.0008
Subject:
Law, Public International Law

Even though the Netherlands was one of the founding fathers of the CoE, the impact of CoE conventions and soft law on Dutch administrative law and the development of the principles of good ... More


The Impact of the Pan-European General Principles of Good Administration on German Law: Is Yet to Come!

Ulrich Stelkens

in Good Administration and the Council of Europe: Law, Principles, and Effectiveness

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198861539
eISBN:
9780191893537
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198861539.003.0012
Subject:
Law, Public International Law

This chapter discusses the impact on German administrative law of the pan-European general principles of good administration developed within the framework of the Council of Europe (CoE). The chapter ... More


Europeanization through Constitutionalism: Estonia

Madis Ernits and Karmen Pähkla

in Good Administration and the Council of Europe: Law, Principles, and Effectiveness

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198861539
eISBN:
9780191893537
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198861539.003.0021
Subject:
Law, Public International Law

This chapter discusses the impact on Estonian administrative law of the pan-European principles of good administration developed by the Council of Europe (CoE). It argues that there is no conceptual ... More


The Impact of Pan-European General Principles of Good Administration on the Administrative Law of France: Towards Selective Integration

Emilie Chevalier

in Good Administration and the Council of Europe: Law, Principles, and Effectiveness

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198861539
eISBN:
9780191893537
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198861539.003.0006
Subject:
Law, Public International Law

This chapter is dedicated to exploring the impact of the pan-European principles of good administration on French administrative law. The chapter discloses that, despite the involvement of France in ... More


The Impact of the ECHR and of Pan-European General Principles of Good Administration on the Administrative Law of Portugal

Rui Tavares Lanceiro

in Good Administration and the Council of Europe: Law, Principles, and Effectiveness

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198861539
eISBN:
9780191893537
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198861539.003.0015
Subject:
Law, Public International Law

This chapter explores the impact on Portuguese administrative law of the pan-European principles of good administration developed within the framework of the Council of Europe (CoE). It highlights ... More


A Tale of Europeanization: Romanian Administrative Law and its Deference to the Pan-European General Principles of Good Administration

Dacian C. Dragoș and Cosmina Chirila

in Good Administration and the Council of Europe: Law, Principles, and Effectiveness

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198861539
eISBN:
9780191893537
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198861539.003.0025
Subject:
Law, Public International Law

Romania became a Member State of the Council of Europe (CoE) in 1993. While Romania has had a democratic tradition, it also has a recent communist past. This chapter is dedicated to exploring the ... More


Initial Investigation on Excess of Power: Judicial Review of Administrative Action in Italy (1890–1910)

Alessandra Bassani

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/9780198867562.003.0006
Subject:
Law, Constitutional and Administrative Law

This study has been carried out in accordance with a precise methodology: it examines the decisions handed down by the Fourth Chamber of the Council of State in its first twenty years of operation on ... More


The Pan-European General Principles of Good Administration in Sweden: Undeniable but Partial Vehicles of Change

Jane Reichel

in Good Administration and the Council of Europe: Law, Principles, and Effectiveness

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198861539
eISBN:
9780191893537
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198861539.003.0010
Subject:
Law, Public International Law

This chapter explores the impact of the pan-European general principles on Swedish administrative law. The chapter claims that the European Convention on Human Rights and the case law of the European ... More


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