Administrative Justice in the 21st Century
Administrative Justice in the 21st Century

Author: Michael Harris

Publisher: Bloomsbury Publishing

Published: 1999-04-01

Total Pages: 619

ISBN-13: 184731337X

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The idea of administrative justice is central to the British system of public law, more embracing than judicial review, or even administrative law itself. It embraces all the mechanisms designed to achieve a proper balance between the exercise of public and quasi-public power and those affected by the exercise of that power. This book contains revised versions of the papers given at the International Conference on Administrative Justice held in Bristol in 1997. Forty years after the publication of the Franks Committee report on Tribunals and Inquiries, the conference reflected on developments since then and sought to provoke debate about how the future might unfold. Participants included policy makers, tribunal chairs and ombudsmen, other decision-takers as well as academics - a formidable combination of expertise in the operation of the administrative justice system. Among the themes addressed in the papers are the following: the effect of the changing nature of the state on current institutions; human rights and administrative justice; the relationship between decision taking, reviews of decisions, and the adjudication of appeals; and the overview of administrative justice, taking into account lessons from abroad. The new millenium provides an opportunity for the reappraisal of the British system of administrative justice; this volume presents an indispenable repository of the ideas needed to understand how that system should develop over the coming years. Contributors: Michael Adler, Margaret Allars, Dame Elizabeth Anson, Lord Archer of Sandwell, Michael Barnes, Julia Black, Christa Christensen, David Clark, Gwynn Davis, Godfrey Cole, Suzanne Day, Julian Farrand, Tamara Goriely, Michael Harris (Ed), Neville Harris, Tony Holland, Terence Ison, Christine Lally, Douglas Lewis, Rosemary Lyster, Aileen McHarg, Walter Merricks, Linda Mulcahy, Stephen Oliver, Alan Page, Martin Partington (Ed), David Pearl, Jane Pearson, Paulyn Marrinan Quinn, John Raine, Andrew Rein, Alan Robertson, Roy Sainsbury, John Scampion, Chris Shepley, Caroline Sheppard, Patricia Thomas, Brian Thompson, Nick Wikeley, Tom Williams, Jane Worthington, Richard Young.

Law Enforcement and Justice Administration
Law Enforcement and Justice Administration

Author: Clyde L. Cronkhite

Publisher: Jones & Bartlett Publishers

Published: 2012-02-27

Total Pages: 448

ISBN-13: 1449642004

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Thoroughly updated and revised to reflect the most current events and information, Law Enforcement and Justice Administration, Second Edition, provides a comprehensive overview of the prevailing criminal justice organizations present in law enforcement, courts, and correctional systems. Using a realistic, field-based approach that combines theory with application, this text explores the operations, issues, and practices that administrators within criminal justice face today. This Second Edition blends historic administrative themes and concepts with future trends. It is the author’s intent to encourage practitioners and students to take an active stand in developing strategies to enhance the future of administration in Law Enforcement, in the Courts, and in Corrections. Throughout the text, five Contextual Themes are developed to aid the students in connecting the concepts of administration to key terms, and ultimately to the application of the concepts. The five Contextual Themes include: 1. Organization Functions 2. Employee Relations 3. Open Systems 4. Social Equity 5. Client-oriented Service Law Enforcement and Justice Administration, Second Edition is organized into three parts. Part I develops key concepts from the history of administrative practices into the five Contextual Themes. Part II applies these key concepts to contemporary criminal justice agencies using the Contextual Themes. Part III explores the application of the Contextual Themes in the future of criminal justice administration. Every new printed copy is packaged with full student access to unlock a variety of interactive study tools on the student companion website! (eBook version does not include access to the student companion website. Standalone access can be purchased here http://www.jblearning.com/catalog/9781449655150/) New to the Second Edition: * Now available in paperback! * Revised figures & tables and updated statistics throughout present the most current trends and data in Criminal Justice Administration * New section on the Pygmalion Effect * New section on Big Democracy * New sections on the Hoover Commission * A “Current Status of –“ section has been added to every chapter in Parts II and III to provide students with the most up-to-date perspective on the material just learned. Key Features: * Key terms and concepts listed at the end of each chapter, familiarize students with the language they will encounter at the administrative level. A compendium listing all terms and concepts is included at the end of the text for easy reference. * End of chapter review questions and activities promote further participation and research both inside and outside the classroom. * Instructor resources will include an Instructor’s Manual, PowerPoint lecture outlines, and a complete Test Bank. * Every new printed copy is packaged with full student access to unlock the variety of interactive study tools on the student companion website.

Police Leadership and Administration
Police Leadership and Administration

Author: William F. Walsh

Publisher: Taylor & Francis

Published: 2018-07-04

Total Pages: 411

ISBN-13: 1351244418

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William Walsh and Gennaro Vito have adapted the strategic management process to the police organizational world in this innovative new text, Police Leadership and Administration: A 21st-Century Approach. Focusing principally on the police executive, this book covers pioneering management techniques for leaders facing the challenges of today’s complex environment, providing the police practitioner instruction in planning, setting direction, developing strategy, assessing internal and external environments, creating learning organizations, and managing and evaluating the change process. It also tackles how to handle the political, economic, social, and technical considerations that differ from one community to the next. Police Leadership and Administration trains individuals to search for solutions, rather than relying on old formulas and scientific management principles. It shows how to tailor responses to the unique problems and issues that professionals are likely to face in the field of law enforcement, providing a foundation with which to adapt to an ever-changing criminal justice climate. This book is essential for forward-thinking police leadership courses in colleges and professional training programs.

The Ombudsman Enterprise and Administrative Justice
The Ombudsman Enterprise and Administrative Justice

Author: Trevor Buck

Publisher: Routledge

Published: 2016-02-17

Total Pages: 309

ISBN-13: 1317022424

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The statutory duty of public service ombudsmen (PSO) is to investigate claims of injustice caused by maladministration in the provision of public services. This book examines the modern role of the ombudsman within the overall emerging system of administrative justice and makes recommendations as to how PSO should optimize their potential within the wider administrative justice context. Recent developments are discussed and long standing questions that have yet to be adequately resolved in the ombudsman community are re-evaluated given broader changes in the administrative justice sector. The work balances theory and empirical research conducted in a number of common law countries. Although there has been much debate within the ombudsman community in recent years aimed at developing and improving the practice of ombudsmanry, this work represents a significant advance on current academic understanding of the discipline.

Public Administration Ethics for the 21st Century
Public Administration Ethics for the 21st Century

Author: J. Michael Martinez

Publisher: Bloomsbury Publishing USA

Published: 2009-08-10

Total Pages: 270

ISBN-13:

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This volume establishes a foundation for a uniform code of professional ethics for public administrators in the United States. Public Administration Ethics for the 21st Century lays the ethical foundations for a uniform professional code of ethics for public administrators, civil servants, and non-profit administrators in the US. Martinez synthesizes five disparate schools of ethical thought as to how public administrators can come to know the good and behave in ways that advance the values of citizenship, equity, and public interest within their respective organizations. Using case studies, he teaches American administrators how to combine the approaches of all five schools to evaluate and resolve complex ethical dilemmas within the constraints of the U.S. democratic values set. Martinez enunciates the common ethical principles that guide public administrators in their practice within the specific ethical parameters and organizational cultures of a myriad entities at the federal, state, and local levels of government in the United States, as well as in non-profit organizations. Along the way, Martinez addresses a number of crucial issues, including personal gain, conflict of interest, transparency, democratic impartiality, hiring, hierarchical discipline, media relations, partisan pressure, appointments by elected officials, and whistle-blowing. The striking, high-profile case studies—Nathan Bedford Forrest, Adolph Eichmann, Lieutenant William Calley, and Mary Ann Wright—illustrate ethical dilemmas where, for better or worse, the individual was at odds with the organization.

Administrative Justice and Its Availability
Administrative Justice and Its Availability

Author: Debra Mortimer

Publisher:

Published: 2015

Total Pages: 183

ISBN-13: 9781760020279

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The Federal Court of Australia exercises principal trial and intermediate appellate jurisdiction in relation to federal administrative law in Australia, a jurisdiction which is central to the Court's existence and function. Therefore, it was fitting for the Court, together with the Law Council of Australia, to host a conference designed to provoke thought and discussion about contemporary issues in Australian federal administrative law, held in conjunction with the Court's August 2014 judges' conference. The conference brought together some of the best judicial, professional and academic thinkers in administrative law. It was opened with a sparkling and informed comparative presentation by Justice Dennis Davis from the Western Cape High Court of South Africa. Through comprehensive panel reports on each session, this publication gives the reader the flavour of the entire conference, including the lively debates. Nine individual papers are also reproduced, covering the most important current issues in federal administrative law and bringing a variety of perspectives to those issues.

Administrative Burden
Administrative Burden

Author: Pamela Herd

Publisher: Russell Sage Foundation

Published: 2019-01-09

Total Pages: 361

ISBN-13: 1610448782

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Winner of the 2020 Outstanding Book Award Presented by the Public and Nonprofit Section of the National Academy of Management Winner of the 2019 Louis Brownlow Book Award from the National Academy of Public Administration Bureaucracy, confusing paperwork, and complex regulations—or what public policy scholars Pamela Herd and Donald Moynihan call administrative burdens—often introduce delay and frustration into our experiences with government agencies. Administrative burdens diminish the effectiveness of public programs and can even block individuals from fundamental rights like voting. In AdministrativeBurden, Herd and Moynihan document that the administrative burdens citizens regularly encounter in their interactions with the state are not simply unintended byproducts of governance, but the result of deliberate policy choices. Because burdens affect people’s perceptions of government and often perpetuate long-standing inequalities, understanding why administrative burdens exist and how they can be reduced is essential for maintaining a healthy public sector. Through in-depth case studies of federal programs and controversial legislation, the authors show that administrative burdens are the nuts-and-bolts of policy design. Regarding controversial issues such as voter enfranchisement or abortion rights, lawmakers often use administrative burdens to limit access to rights or services they oppose. For instance, legislators have implemented administrative burdens such as complicated registration requirements and strict voter-identification laws to suppress turnout of African American voters. Similarly, the right to an abortion is legally protected, but many states require women seeking abortions to comply with burdens such as mandatory waiting periods, ultrasounds, and scripted counseling. As Herd and Moynihan demonstrate, administrative burdens often disproportionately affect the disadvantaged who lack the resources to deal with the financial and psychological costs of navigating these obstacles. However, policymakers have sometimes reduced administrative burdens or shifted them away from citizens and onto the government. One example is Social Security, which early administrators of the program implemented in the 1930s with the goal of minimizing burdens for beneficiaries. As a result, the take-up rate is about 100 percent because the Social Security Administration keeps track of peoples’ earnings for them, automatically calculates benefits and eligibility, and simply requires an easy online enrollment or visiting one of 1,200 field offices. Making more programs and public services operate this efficiently, the authors argue, requires adoption of a nonpartisan, evidence-based metric for determining when and how to institute administrative burdens, with a bias toward reducing them. By ensuring that the public’s interaction with government is no more onerous than it need be, policymakers and administrators can reduce inequality, boost civic engagement, and build an efficient state that works for all citizens.

Judicial Review of Administrative Discretion in the Administrative State
Judicial Review of Administrative Discretion in the Administrative State

Author: Jurgen de Poorter

Publisher: Springer

Published: 2019-06-07

Total Pages: 208

ISBN-13: 9462653070

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This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary’s role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica. Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performed at a distance from political bodies, goes far enough to guarantee that the administration exercises its powers in a legitimate way. This publication searches for new modes of judicial review of administrative discretion exercised in the administrative state. It links state-of-the-art academic research on the role of courts in the administrative state with the daily practice of the higher and lower administrative courts struggling with their position in the evolving administrative state. The book concludes that with the changing role and forms of the administrative state, administrative courts across the world and across sectors are in the process of reconsidering their roles and the appropriate models of judicial review. Learning from the experiences in different sectors and jurisdictions, it provides theoretical and empirical foundations for reflecting on the advantages and disadvantages of different models of review, the constitutional consequences and the main questions that deserve further research and debate. Jurgen de Poorter is professor of administrative law at Tilburg University and deputy judge in the District Court of The Hague. Ernst Hirsch Ballin is distinguished university professor at Tilburg University, professor in human rights law at the University of Amsterdam, and president of the T.M.C. Asser Institute for International and European Law. He is also a member of the Scientific Council for Government policy (WRR). Saskia Lavrijssen is professor of Economic Regulation and Market Governance of Network Industries at Tilburg University.

The Cambridge Handbook of New Human Rights
The Cambridge Handbook of New Human Rights

Author: Andreas von Arnauld

Publisher: Cambridge University Press

Published: 2020-01-02

Total Pages: 939

ISBN-13: 1108751172

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The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.

The Administrative State
The Administrative State

Author: Dwight Waldo

Publisher: Routledge

Published: 2017-09-04

Total Pages: 384

ISBN-13: 1351486330

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This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.