Martin Shapiro
- 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 ...
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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 law for the European Union (EU). As positive integration came to constitute a central priority for EU organizations, the European Commission’s administrative responsibilities and capacities multiplied, so that it is now expected not only to monitor and enforce compliance with an increasingly dense and technical body of supranational rules but also to determine how that law is to be applied to specific individuals and situations. Neither task could be performed without appropriating a great deal of discretionary authority, and it is argued that, in Western democracies, the problem of controlling rising administrative discretion has inevitably been felt, and has typically been dealt with through the development of judicial mechanisms. Using the American (US) experience as a comparative backdrop, it is shown that once judges require that administrators furnish formal justifications for their actions, the judicial review of the ‘reasonableness’ of administrative acts follows. The author traces how these and other forms of judicial control of the EU’s administrative acts developed through litigation and the rule-making of the European Court of Justice and the Court of First Instance, despite the absence of explicit Treaty of Rome provision, so that the basic foundations of EU administrative law are now in place.Less
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 law for the European Union (EU). As positive integration came to constitute a central priority for EU organizations, the European Commission’s administrative responsibilities and capacities multiplied, so that it is now expected not only to monitor and enforce compliance with an increasingly dense and technical body of supranational rules but also to determine how that law is to be applied to specific individuals and situations. Neither task could be performed without appropriating a great deal of discretionary authority, and it is argued that, in Western democracies, the problem of controlling rising administrative discretion has inevitably been felt, and has typically been dealt with through the development of judicial mechanisms. Using the American (US) experience as a comparative backdrop, it is shown that once judges require that administrators furnish formal justifications for their actions, the judicial review of the ‘reasonableness’ of administrative acts follows. The author traces how these and other forms of judicial control of the EU’s administrative acts developed through litigation and the rule-making of the European Court of Justice and the Court of First Instance, despite the absence of explicit Treaty of Rome provision, so that the basic foundations of EU administrative law are now in place.
Alexander Somek
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199585007
- eISBN:
- 9780191723469
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199585007.003.0013
- Subject:
- Law, Constitutional and Administrative Law
This chapter draws out some of the issues raised by the ostensibly modest ambition of the Global Administrative Law (GAL) project. It criticizes the claim that the project amounts only to a ...
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This chapter draws out some of the issues raised by the ostensibly modest ambition of the Global Administrative Law (GAL) project. It criticizes the claim that the project amounts only to a redescription of modern international law under the dominating influence of administrative rationality. Rather, it marks the triumph of administrative rationality over the legal form itself. The world that GAL describes is not that of the demise of the state under globalising pressures; it marks instead the triumph of the state (the state as administration) over both politics and law.Less
This chapter draws out some of the issues raised by the ostensibly modest ambition of the Global Administrative Law (GAL) project. It criticizes the claim that the project amounts only to a redescription of modern international law under the dominating influence of administrative rationality. Rather, it marks the triumph of administrative rationality over the legal form itself. The world that GAL describes is not that of the demise of the state under globalising pressures; it marks instead the triumph of the state (the state as administration) over both politics and law.
Christopher Ansell and Jane Gingrich
- Published in print:
- 2003
- Published Online:
- February 2006
- ISBN:
- 9780199264995
- eISBN:
- 9780191603259
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199264996.003.0008
- Subject:
- Political Science, Comparative Politics
This chapter investigates reforms that arguably produce more direct forms of accountability and citizen participation in administrative agencies. A first type of reform is part of a larger trend to ...
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This chapter investigates reforms that arguably produce more direct forms of accountability and citizen participation in administrative agencies. A first type of reform is part of a larger trend to decentralize aspects of administrative accountability, which includes New Public Management reforms designed to make agencies more responsive to their “customers.” A second type of reform, increasingly widespread, involves the creation of legal frameworks for pursuing grievances and ensuring representation, such as ombudsman systems and administrative procedure laws. Finally, a third type involves direct attempts to increase deliberation, using informal strategies of collaborative governance between public agencies and stakeholders particularly. These are particularly common at the local level. A wide of variety of other new techniques designed to enhance participation and democratic deliberation — such as citizen juries and consensus conferences — are increasingly popular, though they remain largely experimental.Less
This chapter investigates reforms that arguably produce more direct forms of accountability and citizen participation in administrative agencies. A first type of reform is part of a larger trend to decentralize aspects of administrative accountability, which includes New Public Management reforms designed to make agencies more responsive to their “customers.” A second type of reform, increasingly widespread, involves the creation of legal frameworks for pursuing grievances and ensuring representation, such as ombudsman systems and administrative procedure laws. Finally, a third type involves direct attempts to increase deliberation, using informal strategies of collaborative governance between public agencies and stakeholders particularly. These are particularly common at the local level. A wide of variety of other new techniques designed to enhance participation and democratic deliberation — such as citizen juries and consensus conferences — are increasingly popular, though they remain largely experimental.
Jeffrey Jowell
- Published in print:
- 2004
- Published Online:
- January 2012
- ISBN:
- 9780197263198
- eISBN:
- 9780191734755
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197263198.003.0010
- Subject:
- Political Science, UK Politics
This chapter examines the stages of development of administrative law in Great Britain during the twentieth century, describing the different attitudes towards the exercise of state power and its ...
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This chapter examines the stages of development of administrative law in Great Britain during the twentieth century, describing the different attitudes towards the exercise of state power and its legal control over the century. It explains that the century began with a concern for procedural justice and a particular concept of the rule of law, and ended with judicial constraints upon both the procedures and the substance of official decisions, justified by constitutional rights.Less
This chapter examines the stages of development of administrative law in Great Britain during the twentieth century, describing the different attitudes towards the exercise of state power and its legal control over the century. It explains that the century began with a concern for procedural justice and a particular concept of the rule of law, and ended with judicial constraints upon both the procedures and the substance of official decisions, justified by constitutional rights.
Nico Krisch
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199585007
- eISBN:
- 9780191723469
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199585007.003.0012
- Subject:
- Law, Constitutional and Administrative Law
This chapter weighs the pros and cons of applying the insights of constitutionalism to issues of global law. After sketching the challenge both global constitutionalism and global administrative law ...
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This chapter weighs the pros and cons of applying the insights of constitutionalism to issues of global law. After sketching the challenge both global constitutionalism and global administrative law face in the precarious legitimacy of transnational and global governance, it examines more closely the scope and aims of both projects. It is in their respective ambitions that the key difference between the two lies: constitutionalist visions set out to describe and develop a fully justified global order, while global administrative law approaches are more limited in scope, focusing on particular elements of global governance and confining themselves to the analysis and realisation of narrower political ideals, especially accountability. Such a limited approach does, however, raise serious problems, both on the practical and the normative level. The chapter focuses on only on two sets of issues: the difficulty in separating ‘administrative’ from ‘constitutional’ issues, and the risk of legitimising illegitimate institutions, in part by elevating them to the level of law. Although the resulting challenge for global administrative law is serious and will condition the further trajectory of the project, it should not distract from the significant advantages its more limited ambition entails.Less
This chapter weighs the pros and cons of applying the insights of constitutionalism to issues of global law. After sketching the challenge both global constitutionalism and global administrative law face in the precarious legitimacy of transnational and global governance, it examines more closely the scope and aims of both projects. It is in their respective ambitions that the key difference between the two lies: constitutionalist visions set out to describe and develop a fully justified global order, while global administrative law approaches are more limited in scope, focusing on particular elements of global governance and confining themselves to the analysis and realisation of narrower political ideals, especially accountability. Such a limited approach does, however, raise serious problems, both on the practical and the normative level. The chapter focuses on only on two sets of issues: the difficulty in separating ‘administrative’ from ‘constitutional’ issues, and the risk of legitimising illegitimate institutions, in part by elevating them to the level of law. Although the resulting challenge for global administrative law is serious and will condition the further trajectory of the project, it should not distract from the significant advantages its more limited ambition entails.
Mark A. Pollack
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780199251179
- eISBN:
- 9780191600111
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199251177.003.0003
- Subject:
- Political Science, European Union
European Union governments have delegated executive and agenda‐setting powers to the Commission primarily to reduce the transaction costs of policy‐making, and they have designed complex control ...
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European Union governments have delegated executive and agenda‐setting powers to the Commission primarily to reduce the transaction costs of policy‐making, and they have designed complex control mechanisms to limit the discretion of the Commission in the policy process. Examines the record of delegation to the Commission throughout the EU's history, measuring the extent of delegation and Commission discretion across 35 different issue‐areas. Almost without exception, member states delegate to the Commission precisely the functions hypothesized by principal‐agent models, including most notably monitoring compliance, setting the legislative agenda and laying down expert and credible market regulations. Similarly, however, the Commission is closely monitored by member governments, which have adopted a carefully designed and calibrated system of appointment and censure mechanisms, ‘comitology’ or oversight committees and administrative law and judicial review by the European Court of Justice.Less
European Union governments have delegated executive and agenda‐setting powers to the Commission primarily to reduce the transaction costs of policy‐making, and they have designed complex control mechanisms to limit the discretion of the Commission in the policy process. Examines the record of delegation to the Commission throughout the EU's history, measuring the extent of delegation and Commission discretion across 35 different issue‐areas. Almost without exception, member states delegate to the Commission precisely the functions hypothesized by principal‐agent models, including most notably monitoring compliance, setting the legislative agenda and laying down expert and credible market regulations. Similarly, however, the Commission is closely monitored by member governments, which have adopted a carefully designed and calibrated system of appointment and censure mechanisms, ‘comitology’ or oversight committees and administrative law and judicial review by the European Court of Justice.
Martin Loughlin
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199256853
- eISBN:
- 9780191594267
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199256853.003.0016
- Subject:
- Law, Public International Law
Modern governments have greatly expanded the range of their activities and now assume responsibility for furthering economic and social development, managing the economy, and providing for the ...
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Modern governments have greatly expanded the range of their activities and now assume responsibility for furthering economic and social development, managing the economy, and providing for the welfare of their citizens. For the purpose of promoting security, liberty, and prosperity, government has acquired a large and sophisticated administrative apparatus. With this growth in administrative power, the efficacy of constitutional checks is placed in question. This chapter examines legal and institutional responses to the establishment of administrative regimes of government — such as the emergence of administrative law and the rise of agencies — and considers the implications of these developments for conceptualizing public law today.Less
Modern governments have greatly expanded the range of their activities and now assume responsibility for furthering economic and social development, managing the economy, and providing for the welfare of their citizens. For the purpose of promoting security, liberty, and prosperity, government has acquired a large and sophisticated administrative apparatus. With this growth in administrative power, the efficacy of constitutional checks is placed in question. This chapter examines legal and institutional responses to the establishment of administrative regimes of government — such as the emergence of administrative law and the rise of agencies — and considers the implications of these developments for conceptualizing public law today.
Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199286485
- eISBN:
- 9780191730894
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199286485.003.0005
- Subject:
- Law, EU Law, Constitutional and Administrative Law
This chapter focuses on the sources of European administrative law. It addresses the sources of administrative law more from the perspective of setting the framework for such forms of administrative ...
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This chapter focuses on the sources of European administrative law. It addresses the sources of administrative law more from the perspective of setting the framework for such forms of administrative action and the procedures, prerequisites, and processes of supervision which apply to them. Such sources arise from European Treaty provisions, and legislative, delegated, and implementing measures. To a certain, albeit limited, degree they may also arise from customary public international law or international agreements. Further, in certain contexts, they may arise from national law. The chapter presents such sources with special emphasis on their connection with administrative action in the EU.Less
This chapter focuses on the sources of European administrative law. It addresses the sources of administrative law more from the perspective of setting the framework for such forms of administrative action and the procedures, prerequisites, and processes of supervision which apply to them. Such sources arise from European Treaty provisions, and legislative, delegated, and implementing measures. To a certain, albeit limited, degree they may also arise from customary public international law or international agreements. Further, in certain contexts, they may arise from national law. The chapter presents such sources with special emphasis on their connection with administrative action in the EU.
Joost Pauwelyn, Ramses Wessel, and Jan Wouters (eds)
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199658589
- eISBN:
- 9780191742248
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199658589.001.0001
- Subject:
- Law, Public International Law
Informal international lawmaking (IN-LAW) is on the rise. It seems to fall outside the strictures of both domestic law as well as international law. Hence, this activity raises questions of ...
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Informal international lawmaking (IN-LAW) is on the rise. It seems to fall outside the strictures of both domestic law as well as international law. Hence, this activity raises questions of accountability deficit. The book’s aim is to be empirical and problem-oriented. It intends to gauge whether there is a problem related to informal international lawmaking and, if so, to think about how to solve this problem in a way that can assist policy-makers and their stakeholders. The book distinguishes informal lawmaking from traditional lawmaking by focusing on the actors, process, and output. It argues that the international legal discipline will have to find ways to take the rich, effective, and (more often than not) legitimate normative output stemming from IN-LAW onboard to remain relevant.Less
Informal international lawmaking (IN-LAW) is on the rise. It seems to fall outside the strictures of both domestic law as well as international law. Hence, this activity raises questions of accountability deficit. The book’s aim is to be empirical and problem-oriented. It intends to gauge whether there is a problem related to informal international lawmaking and, if so, to think about how to solve this problem in a way that can assist policy-makers and their stakeholders. The book distinguishes informal lawmaking from traditional lawmaking by focusing on the actors, process, and output. It argues that the international legal discipline will have to find ways to take the rich, effective, and (more often than not) legitimate normative output stemming from IN-LAW onboard to remain relevant.
Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. Türk
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199286485
- eISBN:
- 9780191730894
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199286485.001.0001
- Subject:
- Law, EU Law, Constitutional and Administrative Law
This book provides an analysis of the administration of the European Union and the legal framework within which that administration operates. It examines the multifarious approaches, techniques, and ...
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This book provides an analysis of the administration of the European Union and the legal framework within which that administration operates. It examines the multifarious approaches, techniques, and structures of public administration in order to systematize and assess the solutions they offer to political, social, and economic problems. The legal framework of administration is examined from the standpoint of how it meets the demands of specific policy objectives established by democratically accountable decision-makers. Administrative law structures and many of its underlying principles have developed in an evolutionary and isolated manner in each policy area. While aware of the diversity of specific areas, this book takes an overarching approach, setting out the common rules and principles that constitute the general body of EU administrative law. By integrating the disciplines of political and administrative science, and administrative law, the book offers a rich explanation and critique of the complex executive framework of the EU.Less
This book provides an analysis of the administration of the European Union and the legal framework within which that administration operates. It examines the multifarious approaches, techniques, and structures of public administration in order to systematize and assess the solutions they offer to political, social, and economic problems. The legal framework of administration is examined from the standpoint of how it meets the demands of specific policy objectives established by democratically accountable decision-makers. Administrative law structures and many of its underlying principles have developed in an evolutionary and isolated manner in each policy area. While aware of the diversity of specific areas, this book takes an overarching approach, setting out the common rules and principles that constitute the general body of EU administrative law. By integrating the disciplines of political and administrative science, and administrative law, the book offers a rich explanation and critique of the complex executive framework of the EU.
Kim Talus
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199589104
- eISBN:
- 9780191595455
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199589104.003.0014
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
One of the core areas of national administrative proceedings and decision-making that concerns investments and commercial activities more generally is the granting, supervision, and termination of ...
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One of the core areas of national administrative proceedings and decision-making that concerns investments and commercial activities more generally is the granting, supervision, and termination of concessions, licenses and other administrative acts. This chapter looks at the termination of such public acts in detail and examines whether there are certain general features or principles that apply in the proceedings in the countries examined. The focus is on a number of countries with a highly sophisticated regulatory framework for energy, i.e., the EU and the EFTA Member States and the United States. In addition to the national comparisons, another source of international administrative law is also examined: that of EU law.Less
One of the core areas of national administrative proceedings and decision-making that concerns investments and commercial activities more generally is the granting, supervision, and termination of concessions, licenses and other administrative acts. This chapter looks at the termination of such public acts in detail and examines whether there are certain general features or principles that apply in the proceedings in the countries examined. The focus is on a number of countries with a highly sophisticated regulatory framework for energy, i.e., the EU and the EFTA Member States and the United States. In addition to the national comparisons, another source of international administrative law is also examined: that of EU law.
Jack Beatson
- Published in print:
- 2008
- Published Online:
- January 2012
- ISBN:
- 9780197264232
- eISBN:
- 9780191734243
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264232.003.0013
- Subject:
- History, Historiography
Sir William Wade dominated two diverse areas of law – real property and administrative law – by writing the textbooks that became a source of first reference for students, scholars, practitioners, ...
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Sir William Wade dominated two diverse areas of law – real property and administrative law – by writing the textbooks that became a source of first reference for students, scholars, practitioners, and judges. While he was the leading academic land lawyer of his generation, he will principally be remembered as one of the two scholars who did most to revitalise administrative law during the 20th century. Wade's scholarly career lasted over sixty years, and he remained active into his eighties. He wrote with penetrating clarity and an elegant and memorable turn of phrase, often expressing himself in trenchant terms. Wade did this both when grappling with the technicalities of property law and, in the heady atmosphere of constitutional principles, with the respective roles of executive government and the courts.Less
Sir William Wade dominated two diverse areas of law – real property and administrative law – by writing the textbooks that became a source of first reference for students, scholars, practitioners, and judges. While he was the leading academic land lawyer of his generation, he will principally be remembered as one of the two scholars who did most to revitalise administrative law during the 20th century. Wade's scholarly career lasted over sixty years, and he remained active into his eighties. He wrote with penetrating clarity and an elegant and memorable turn of phrase, often expressing himself in trenchant terms. Wade did this both when grappling with the technicalities of property law and, in the heady atmosphere of constitutional principles, with the respective roles of executive government and the courts.
Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199286485
- eISBN:
- 9780191730894
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199286485.003.0012
- Subject:
- Law, EU Law, Constitutional and Administrative Law
Information is the raw material of public decision-making. Within the sphere of European Union law, administrative decision-making relies heavily for this raw material on information networks based ...
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Information is the raw material of public decision-making. Within the sphere of European Union law, administrative decision-making relies heavily for this raw material on information networks based upon systems of decentralized information gathering and subsequent information sharing. The generation and use of information within network administration is thus one of the most essential elements of EU administration, and thus an essential subject of EU administrative law. This chapter addresses the various rules and principles — written and unwritten — on the generation, use, and dissemination of information by European and national administrative bodies for implementing EU law, focusing especially on those of general applicability across all sectoral areas.Less
Information is the raw material of public decision-making. Within the sphere of European Union law, administrative decision-making relies heavily for this raw material on information networks based upon systems of decentralized information gathering and subsequent information sharing. The generation and use of information within network administration is thus one of the most essential elements of EU administration, and thus an essential subject of EU administrative law. This chapter addresses the various rules and principles — written and unwritten — on the generation, use, and dissemination of information by European and national administrative bodies for implementing EU law, focusing especially on those of general applicability across all sectoral areas.
Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199286485
- eISBN:
- 9780191730894
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199286485.003.0026
- Subject:
- Law, EU Law, Constitutional and Administrative Law
This chapter offers a view of the current place, function, and nature of Union administrative law, and how this body of law can and should develop in order to serve the tasks with which it has been ...
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This chapter offers a view of the current place, function, and nature of Union administrative law, and how this body of law can and should develop in order to serve the tasks with which it has been charged within the overall political and legal order of the European Union. A review of European public law has shown that the most substantial and encompassing challenge is that in regard to establishing, enhancing, and extending the accountability of networks. The specific nature of the EU inheres to a large degree in the exercise of shared sovereignty by integrated executives through such networks. Thus, the most profound challenges facing public law in the European Union emerge in relation to the conceptual and practical features of its administrative law, especially in relation to networks.Less
This chapter offers a view of the current place, function, and nature of Union administrative law, and how this body of law can and should develop in order to serve the tasks with which it has been charged within the overall political and legal order of the European Union. A review of European public law has shown that the most substantial and encompassing challenge is that in regard to establishing, enhancing, and extending the accountability of networks. The specific nature of the EU inheres to a large degree in the exercise of shared sovereignty by integrated executives through such networks. Thus, the most profound challenges facing public law in the European Union emerge in relation to the conceptual and practical features of its administrative law, especially in relation to networks.
Stuart Anderson
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199258819
- eISBN:
- 9780191718151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199258819.003.0015
- Subject:
- Law, Legal History
The previous chapters contain numerous instances of courts passing judgment on the legality of decisions, regulations, and actions made in pursuance of statutory authority, which together constitute ...
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The previous chapters contain numerous instances of courts passing judgment on the legality of decisions, regulations, and actions made in pursuance of statutory authority, which together constitute the division of law in the 20th century called judicial review or, in one of its senses, administrative law. This chapter offers a framework for the instances of review raised in previous chapters. It begins with the world of Pashley and Richards and ends with Rice, Arlidge, and the cases tentatively asserting decisions.Less
The previous chapters contain numerous instances of courts passing judgment on the legality of decisions, regulations, and actions made in pursuance of statutory authority, which together constitute the division of law in the 20th century called judicial review or, in one of its senses, administrative law. This chapter offers a framework for the instances of review raised in previous chapters. It begins with the world of Pashley and Richards and ends with Rice, Arlidge, and the cases tentatively asserting decisions.
Matthias Ruffert
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199232468
- eISBN:
- 9780191716027
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232468.003.0011
- Subject:
- Law, EU Law
This chapter examines administrative law in Germany. It begins with a discussion of the so-called Europeanization of administrative law. It then discusses how stability and flexibility in ...
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This chapter examines administrative law in Germany. It begins with a discussion of the so-called Europeanization of administrative law. It then discusses how stability and flexibility in administrative decision making under German administrative law are influenced by different approaches in European Community law. Unifying tendencies are considered but remaining or even newly occurring divergence at the conceptual level is also highlighted.Less
This chapter examines administrative law in Germany. It begins with a discussion of the so-called Europeanization of administrative law. It then discusses how stability and flexibility in administrative decision making under German administrative law are influenced by different approaches in European Community law. Unifying tendencies are considered but remaining or even newly occurring divergence at the conceptual level is also highlighted.
Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199286485
- eISBN:
- 9780191730894
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199286485.003.0016
- Subject:
- Law, EU Law, Constitutional and Administrative Law
This chapter discusses administrative rule-making. Administrative rule-making is one of the central tools for an administration to guide its own administrative procedures and the exercise of ...
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This chapter discusses administrative rule-making. Administrative rule-making is one of the central tools for an administration to guide its own administrative procedures and the exercise of discretions. Internal administrative rule-making in turn may also have the indirect external effect of increasing predictability in policy implementation. Administrative rule-making can be established in various forms, often referred to as guidelines, notices, frameworks, communications, declarations, and many others. Administrative rule-making by EU authorities will generally be undertaken unilaterally by the institution. Exceptionally, in some areas, the authorities' exercise of discretion will be subject to and restricted by administrative rules which result from a negotiated rule-making process involving the Commission and one or more Member States.Less
This chapter discusses administrative rule-making. Administrative rule-making is one of the central tools for an administration to guide its own administrative procedures and the exercise of discretions. Internal administrative rule-making in turn may also have the indirect external effect of increasing predictability in policy implementation. Administrative rule-making can be established in various forms, often referred to as guidelines, notices, frameworks, communications, declarations, and many others. Administrative rule-making by EU authorities will generally be undertaken unilaterally by the institution. Exceptionally, in some areas, the authorities' exercise of discretion will be subject to and restricted by administrative rules which result from a negotiated rule-making process involving the Commission and one or more Member States.
Soren Schønberg
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198299479
- eISBN:
- 9780191685705
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299479.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book is the first systematic study of the principle of ‘legitimate expectations’ in administrative law to appear in the English language. The notion of reasonable or legitimate expectations has ...
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This book is the first systematic study of the principle of ‘legitimate expectations’ in administrative law to appear in the English language. The notion of reasonable or legitimate expectations has played a central role in the development of administrative law over the last thirty years and it remains one of the most contentious and most frequently invoked grounds of judicial review. This book provides a detailed, comparative, and critical analysis of that notion. It begins by clarifying why administrative law should protect expectations at all, by linking expectations to fairness, trust in administration, and the rule of law with its requirements of legal certainty and formal equality. In the light of this framework, it examines in detail the principles and rules which contribute to the protection of expectations. It looks both at procedural and substantive principles of administrative law as well as principles of tort liability and statutory compensation. In all of these areas, English law is carefully compared with French and European Community law. A number of original suggestions for legal reform are presented, including the adoption of a general principle of irrevocability of intra vires administrative decisions, a distinct principle of substantive legitimate expectations subject to a ‘significant imbalance’ threshold for judicial intervention, and a statutory right to compensation for loss caused by ‘sufficiently serious’ violations of public law.Less
This book is the first systematic study of the principle of ‘legitimate expectations’ in administrative law to appear in the English language. The notion of reasonable or legitimate expectations has played a central role in the development of administrative law over the last thirty years and it remains one of the most contentious and most frequently invoked grounds of judicial review. This book provides a detailed, comparative, and critical analysis of that notion. It begins by clarifying why administrative law should protect expectations at all, by linking expectations to fairness, trust in administration, and the rule of law with its requirements of legal certainty and formal equality. In the light of this framework, it examines in detail the principles and rules which contribute to the protection of expectations. It looks both at procedural and substantive principles of administrative law as well as principles of tort liability and statutory compensation. In all of these areas, English law is carefully compared with French and European Community law. A number of original suggestions for legal reform are presented, including the adoption of a general principle of irrevocability of intra vires administrative decisions, a distinct principle of substantive legitimate expectations subject to a ‘significant imbalance’ threshold for judicial intervention, and a statutory right to compensation for loss caused by ‘sufficiently serious’ violations of public law.
A.C.L. Davies
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199287390
- eISBN:
- 9780191713484
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199287390.001.0001
- Subject:
- Law, Constitutional and Administrative Law
Contract plays a vitally important role in the delivery of public services today. Both central and local government make extensive use of private firms to provide facilities, goods, and services. ...
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Contract plays a vitally important role in the delivery of public services today. Both central and local government make extensive use of private firms to provide facilities, goods, and services. Government contracts vary considerably from the relatively straightforward competitive procurement of office supplies to complex, long-term Private Finance Initiative or Public/Private Partnership arrangements in which the contractor researches and develops a new piece of military equipment, or builds and provides a fully serviced hospital over a thirty-year period. English law's traditional approach to government contracts has been to regard them as ordinary private law arrangements. As a result, they have understandably been neglected by public lawyers in both teaching and research. This book argues that, on closer inspection, constitutional law and administrative law (in the form of statute, common law, and government guidance) have been playing an increasingly important role in the regulation of certain key aspects of government contracting. The book analyses these public law elements in detail and suggests ways in which they might appropriately be developed more fully, in tandem with the underlying private law regime. The book's aim is to raise the profile of government contracts as a proper subject for public law scholarship, whilst at the same time contributing to important contemporary debates on issues such as the public/private divide, the scope of the judicial review jurisdiction, and the reach of the Human Rights Act 1998.Less
Contract plays a vitally important role in the delivery of public services today. Both central and local government make extensive use of private firms to provide facilities, goods, and services. Government contracts vary considerably from the relatively straightforward competitive procurement of office supplies to complex, long-term Private Finance Initiative or Public/Private Partnership arrangements in which the contractor researches and develops a new piece of military equipment, or builds and provides a fully serviced hospital over a thirty-year period. English law's traditional approach to government contracts has been to regard them as ordinary private law arrangements. As a result, they have understandably been neglected by public lawyers in both teaching and research. This book argues that, on closer inspection, constitutional law and administrative law (in the form of statute, common law, and government guidance) have been playing an increasingly important role in the regulation of certain key aspects of government contracting. The book analyses these public law elements in detail and suggests ways in which they might appropriately be developed more fully, in tandem with the underlying private law regime. The book's aim is to raise the profile of government contracts as a proper subject for public law scholarship, whilst at the same time contributing to important contemporary debates on issues such as the public/private divide, the scope of the judicial review jurisdiction, and the reach of the Human Rights Act 1998.
Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199286485
- eISBN:
- 9780191730894
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199286485.003.0001
- Subject:
- Law, EU Law, Constitutional and Administrative Law
This chapter discusses the three models or perspectives — functional, organizational, and procedural — that are particularly helpful in understanding EU administration and administrative law. The ...
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This chapter discusses the three models or perspectives — functional, organizational, and procedural — that are particularly helpful in understanding EU administration and administrative law. The functional aspect of administration refers to the totality of the tasks of administration, no matter who undertakes them and how they are carried out. The organizational perspective emphasizes the organization and structure of the institutions, bodies, and actors engaged in undertaking such tasks. A procedural understanding of administration observes the processes which link the various actors and authorities in the performance of administrative functions.Less
This chapter discusses the three models or perspectives — functional, organizational, and procedural — that are particularly helpful in understanding EU administration and administrative law. The functional aspect of administration refers to the totality of the tasks of administration, no matter who undertakes them and how they are carried out. The organizational perspective emphasizes the organization and structure of the institutions, bodies, and actors engaged in undertaking such tasks. A procedural understanding of administration observes the processes which link the various actors and authorities in the performance of administrative functions.
