Comparative Administrative Law
Author: Frank J. Goodnow
Publisher:
Published: 1893
Total Pages: 724
ISBN-13:
DOWNLOAD EBOOKRead and Download eBook Full
Author: Frank J. Goodnow
Publisher:
Published: 1893
Total Pages: 724
ISBN-13:
DOWNLOAD EBOOKAuthor: Robert Thomas
Publisher: Bloomsbury Publishing
Published: 2000-08-18
Total Pages: 146
ISBN-13: 1847311180
DOWNLOAD EBOOKThis book presents a comparison of the development of legitimate expectations and proportionality in European and English law against the different traditions of administrative law. While these two principles are well established in European law,only in recent years have the English courts years sought to integrate them into the common law and have experienced various difficulties in doing so. This book seeks to understand the motivation behind this development, explain why the English courts have been troubled by the principles and suggest how such difficulties can be resolved. It will be of interest to all administrative lawyers, both in practice and in academe. It will also be of interest to EU lawyers, particularly those interested in EU public law.
Author: David Duarte
Publisher: Springer
Published: 2018-07-09
Total Pages: 200
ISBN-13: 9783319896465
DOWNLOAD EBOOKThis book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.
Author: Robert Thomas
Publisher: Hart Publishing
Published: 2000-09
Total Pages: 146
ISBN-13: 1841130869
DOWNLOAD EBOOKPresents a comparison of the development in European and English law of two legal principles, legitimate expectations and proportionality, against the different traditions of administrative law. Looks at case law of the English courts and the European Court of Justice, and explains why English courts have been troubled by legitimate expectations and proportionality and how such difficulties can be resolved. Suggests that problems associated with these principles are connected to different cultural approaches to the appropriate role of law in the modern state. Of interest to administrative lawyers. The author teaches law at the University of Manchester. Distributed by ISBS. c. Book News Inc.
Author: Francisco J. Urbina
Publisher: Cambridge University Press
Published: 2017
Total Pages: 289
ISBN-13: 1107175062
DOWNLOAD EBOOKThis book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.
Author: Alan D. P. Brady
Publisher: Cambridge University Press
Published: 2012-05-03
Total Pages: 311
ISBN-13: 1107013003
DOWNLOAD EBOOKA rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.
Author: George Gerapetritis
Publisher:
Published: 1997
Total Pages: 291
ISBN-13: 9789602327500
DOWNLOAD EBOOKAuthor: Niels Petersen
Publisher: Cambridge University Press
Published: 2017-03-02
Total Pages: 261
ISBN-13: 1107177987
DOWNLOAD EBOOKThis book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
Author: Benedikt Pirker
Publisher:
Published: 2013
Total Pages: 0
ISBN-13: 9789089521415
DOWNLOAD EBOOKProportionality analysis describes a particular legal technique of resolving conflicts between human rights or constitutional rights and public interests through a process of balancing. However, as a general tendency, the current vivid academic debate on proportionality pays insufficient attention to the institutional context - the question of judicial review. Based on the premise that proportionality analysis is a permissible approach to resolve conflicts between rights and other interests, this book lays out a strategy for courts and tribunals to deal with the challenge of using proportionality analysis in an adequate manner, taking into account their situation and context of judicial review. For this purpose, the book develops the concept of models of judicial review in a first theoretical chapter. These models are then applied to six comparative case studies in German and US constitutional law, the law of the European Convention on Human Rights, European Union law, World Trade Organization law, and international investment law. (Series: European Administrative Law - Vol. 8)
Author: Sofia Ranchordás
Publisher: Routledge
Published: 2015-06-12
Total Pages: 224
ISBN-13: 1317606124
DOWNLOAD EBOOKThis book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.