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Reforming the Administrative State

Christopher Ansell and Jane Gingrich

in Democracy Transformed?: Expanding Political Opportunities in Advanced Industrial Democracies

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 ... 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


Civil Procedure and Evidence

Michael A. Livingston, Pier Giuseppe Monateri, and Francesco Parisi

Mauro Capelletti, John Henry Meryman, and Joseph M. Perillo (eds)

in The Italian Legal System: An Introduction, Second Edition

Published in print:
2015
Published Online:
May 2016
ISBN:
9780804774956
eISBN:
9780804796552
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804774956.003.0004
Subject:
Law, Comparative Law

This chapter provides an overview of civil procedure, including historical background; constitutional norms; investigation and discovery; appeals and judgments; and trends in procedural scholarship. ... More


Legal Procedure

Simon Whittaker

in Principles of French Law

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199541393
eISBN:
9780191701221
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199541393.003.0005
Subject:
Law, Comparative Law

This discussion of legal procedure is divided into three parts: civil procedure, administrative procedure, and criminal procedure. The first part discusses the striking features of the French system, ... More


Organization

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/9781447345053.003.0013
Subject:
Political Science, Public Policy

This chapter deals with Organization which is the existence (or absence) of adequate internal and external structures and procedures that enable an actor to pursue their interests and values during ... More


Procedural Protection of Legitimate Expectations

Søren J. Schønberg

in Legitimate Expectations in Administrative Law

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299479
eISBN:
9780191685705
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299479.003.0003
Subject:
Law, Constitutional and Administrative Law

In the previous chapter, it was argued that public law should, primarily for reasons of fairness and trust in administration, protect legitimate expectations created by administrative decisions, ... 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


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 Requirement to Carry Out a Procedure

Giacinto della Cananea

in Due Process of Law Beyond the State: Requirements of Administrative Procedure

Published in print:
2016
Published Online:
November 2016
ISBN:
9780198788386
eISBN:
9780191830303
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198788386.003.0002
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter examines the requirements of procedural due process of law. The starting point is the concept of administrative procedure, which for the purposes of this chapter possesses certain ... More


Essential Health Benefits and the Affordable Care Act: Law and Process

Nicholas Bagley and Helen Levy

in The Future of Healthcare Reform In the United States

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226254951
eISBN:
9780226255002
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226255002.003.0004
Subject:
Law, Medical Law

This chapter explores the questions of whether the benchmark approach to determine essential health benefits under the Affordable Care Act (ACA) is a lawful exercise of the Department of Health and ... 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


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


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


The Pan-European General Principles of Good Administration in the Italian Legal System: A (Sometimes) Contradictory Path

Marco Macchia and Claudia Figliolia

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/9780198861539.003.0007
Subject:
Law, Public International Law

This chapter discusses the impact of the pan-European principles of good administration on Italian administrative law. The chapter presents the main finding that the Italian legal system is generally ... More


Standards of Judicial Review of Administrative Action (1890–1910) in the Austro-Hungarian Empire

Angela Ferrari Zumbini

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/9780198867562.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter argues that, if France has been the home of administrative courts, Austria has greatly contributed to the development of administrative law with regard to administrative procedure. ... More


Sources and Content of the Pan-European General Principles of Good Administration

Ulrich Stelkens and Agnė Andrijauskaitė

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/9780198861539.003.0002
Subject:
Law, Public International Law

This chapter examines the sources of the pan-European principles of good administration developed by the Council of Europe (CoE). It maps the degree of concretization these principles have reached, ... 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


The Role of the Council of Europe in Improving General Principles of Administrative Law in PolandRemarks on the 25th Anniversary of Accession to the European Convention on Human Rights

Barbara Grabowska-Moroz and Marek Wierzbowski

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/9780198861539.003.0019
Subject:
Law, Public International Law

This chapter explores the influence on Polish administrative law of pan-European principles of good administration stemming from the Council of Europe (CoE). It reveals that membership of the CoE can ... 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


Introduction: The History, Policies, and Structures That Shape Health Care Regulation

Robert I. Field

in Health Care Regulation in America: Complexity, Confrontation, and Compromise

Published in print:
2006
Published Online:
September 2009
ISBN:
9780195159684
eISBN:
9780199864423
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195159684.003.0001
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

This chapter presents background on the nature of health policy and the role of regulation in translating policy into action. It describes the fundamental policy goals of improving quality, enhancing ... More


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