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General Principles Framing European Union Administrative Law

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk

in Administrative Law and Policy of the European Union

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199286485
eISBN:
9780191730894
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286485.003.0007
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter examines the overarching principles which frame the EU's administrative law. It looks at the meta-principles of democracy, the rule of law, and the protection of fundamental rights. This ... More


Closing the Jaws of the Decision Making Vise: A Theory and Model of Consensus

Pamela C. Corley

in The Puzzle of Unanimity: Consensus on the United States Supreme Court

Published in print:
2013
Published Online:
September 2013
ISBN:
9780804784726
eISBN:
9780804786324
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804784726.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter presents the authors’ theory of consensus and explicates how they propose to measure the central concepts that comprise their model. They argue that the key to understanding consensus is ... More


Revocation and Cancellation of Concessions, Operating Licences, and Other Beneficial Administrative Acts

Kim Talus

in International Investment Law and Comparative Public Law

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 ... More


Legal Certainty and Legitimate Expectations

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0018
Subject:
Law, EU Law, Constitutional and Administrative Law

The connected concepts of legal certainty and legitimate expectations are to be found in many legal systems, although their precise legal content may vary. These concepts are used in a number of ... More


Legitimate Expectations in Administrative Law

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 ... More


The Puzzle of Unanimity: Consensus on the United States Supreme Court

Pamela C. Corley, Amy Steigerwalt, and Artemus Ward

Published in print:
2013
Published Online:
September 2013
ISBN:
9780804784726
eISBN:
9780804786324
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804784726.001.0001
Subject:
Law, Constitutional and Administrative Law

This book discusses how the U.S. Supreme Court typically rules on cases that present complex legal questions. Given the challenging nature of its cases and the popular view that the Court is divided ... More


A Function of Design: Consensus in Votes on the Merits

Pamela C. Corley

in The Puzzle of Unanimity: Consensus on the United States Supreme Court

Published in print:
2013
Published Online:
September 2013
ISBN:
9780804784726
eISBN:
9780804786324
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804784726.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter begins the empirical investigation of consensus on the Supreme Court. The purpose is to determine why the justices are able to agree in some cases but disagree in others. This theory is ... More


European Antitrust Criminalization and the Challenge of Legal Certainty

Peter Whelan

in The Criminalization of European Cartel Enforcement: Theoretical, Legal, and Practical Challenges

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199670062
eISBN:
9780191749445
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670062.003.0007
Subject:
Law, Employment Law, Competition Law

This chapter analyses the challenge of legal certainty for European antitrust criminalization from three perspectives: the concept, substance, and existence of a criminal antitrust offence. The ... More


A Traditional Justification: Legal Certainty

Víctor Ferreres Comella

in Constitutional Courts and Democratic Values: A European Perspective

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300148671
eISBN:
9780300148688
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300148671.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter contends that all legal systems must be able to satisfy the value of legal certainty to a sufficient extent. Setting up a system of constitutional review of legislation entails designing ... More


Conclusion

Pamela C. Corley

in The Puzzle of Unanimity: Consensus on the United States Supreme Court

Published in print:
2013
Published Online:
September 2013
ISBN:
9780804784726
eISBN:
9780804786324
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804784726.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter explains the findings in the book and the implications of those findings. The ultimate goal was to investigate, and hopefully begin to unravel, the puzzle of unanimity. The findings ... More


Codification and Flexibility

Symeon C. Symeonides

in Codifying Choice of Law Around the World: An International Comparative Analysis

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199360840
eISBN:
9780199377688
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199360840.003.0004
Subject:
Law, Private International Law, Comparative Law

This chapter discusses the responses of the new codifications to the perpetually competing systemic needs for legal certainty on the one hand and flexibility on the other. The discussion reveals that ... More


The Workability of the Principle of Mutual Recognition

Christine Janssens

in The Principle of Mutual Recognition in EU Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199673032
eISBN:
9780191751615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673032.003.0012
Subject:
Law, EU Law, Criminal Law and Criminology

This chapter summarizes six elements which are extremely relevant for a smooth application of the principle of mutual recognition: a rapid assessment of any upcoming or existing hindrances to the ... More


Places That Come and Go: A Legal Anthropological Perspective on the Temporalities of Space in Plural Legal Orders

Franz von Benda-Beckmann and Keebet von Benda-Beckmann

in The Expanding Spaces of Law: A Timely Legal Geography

Published in print:
2014
Published Online:
September 2014
ISBN:
9780804787185
eISBN:
9780804791878
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804787185.003.0002
Subject:
Law, Philosophy of Law

This chapter argues that including the analysis of legal plurality with a pronounced emphasis on time may provide legal geography with a deeper understanding of the volatile and contradictory nature ... More


Legal Certainty and Legitimate Expectations

Paul Craig

in EU Administrative Law

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199296811
eISBN:
9780191700811
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296811.003.0016
Subject:
Law, EU Law

This chapter is concerned with the principles of legal certainty and legitimate expectations. It begins with a discussion on the constraints ... More


Interpreting Multilingual Legislation: The Limits of Language and the Certainty of Uncertainty

Janny H.C. Leung

in Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190210335
eISBN:
9780190210359
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190210335.003.0007
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This chapter discusses the intricacies of interpreting multilingual legal texts. Multiplicity of legal languages potentially amplifies linguistic indeterminacy, which in turn contributes to legal ... More


European and Domestic Law

Bernard Stirn

in Towards a European Public Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198789505
eISBN:
9780191831300
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198789505.003.0004
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 4 turns to the domestic law of the countries of Europe, arguing that the combination within European public law of EU law, the law of the ECHR, and of domestic law cannot be conceived of ... More


Introduction

Pamela C. Corley

in The Puzzle of Unanimity: Consensus on the United States Supreme Court

Published in print:
2013
Published Online:
September 2013
ISBN:
9780804784726
eISBN:
9780804786324
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804784726.003.0001
Subject:
Law, Constitutional and Administrative Law

In this chapter, the authors discuss the importance of understanding consensus and highlight the contributions of the book. First, the book demonstrates that, contrary to conventional wisdom, the ... More


The Workability of the Principle of Mutual Recognition in the Internal Market

Christine Janssens

in The Principle of Mutual Recognition in EU Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199673032
eISBN:
9780191751615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673032.003.0004
Subject:
Law, EU Law, Criminal Law and Criminology

This chapter discusses the workability of the principle of mutual recognition. Even though the principle of mutual recognition might seem simple at first glance, its application in day-to-day ... More


The Principle of Properness

Henk Addink

in Good Governance: Concept and Context

Published in print:
2019
Published Online:
May 2019
ISBN:
9780198841159
eISBN:
9780191876653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841159.003.0007
Subject:
Law, Constitutional and Administrative Law

In general, the (sub)principles of properness have (in most countries) the longest history of the six principles of good governance. These principles were developed because the traditional formal ... More


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