Judicial Control

Judicial Control PDF
Author: Rob Bakker
Publisher: Maklu
ISBN: 9789062155088
Size: 67.35 MB
Format: PDF, ePub, Docs
Category : Contrôle juridictionnel des lois
Languages : en
Pages : 165
View: 5535

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Judicial Control

by Rob Bakker, Judicial Control Books available in PDF, EPUB, Mobi Format. Download Judicial Control books,


Rule Of Law Human Rights And Judicial Control Of Power

Rule of Law  Human Rights and Judicial Control of Power PDF
Author: Rainer Arnold
Publisher: Springer
ISBN: 3319551868
Size: 61.16 MB
Format: PDF
Category : Law
Languages : en
Pages : 446
View: 5954

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Rule Of Law Human Rights And Judicial Control Of Power

by Rainer Arnold, Rule Of Law Human Rights And Judicial Control Of Power Books available in PDF, EPUB, Mobi Format. Download Rule Of Law Human Rights And Judicial Control Of Power books, Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.


Development Of Judicial Control Of The European Communities

Development of Judicial Control of the European Communities PDF
Author: Gerhard Bebr
Publisher: Springer
ISBN: 9401190194
Size: 67.13 MB
Format: PDF
Category : Law
Languages : en
Pages : 822
View: 877

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Development Of Judicial Control Of The European Communities

by Gerhard Bebr, Development Of Judicial Control Of The European Communities Books available in PDF, EPUB, Mobi Format. Download Development Of Judicial Control Of The European Communities books, The development of the judicial control of the European Communities is perhaps best illustrated by comparing the first decision the Court of Justice rendered in December 1954, under the ECSC Treaty, with its preliminary rulings van Gend & Loos (1962), ENEL (1964) and Simmenthal II (1978) rendered under the EEC Treaty. In the first case the Court quashed a decision of the High Authority impugned by an annulment action of a Member State for an illegal exercise of Community powers - a judicial control which at the time already represented a spectacular legal in novation introduced by the ECSC Treaty. At that time the Court was, for evident reasons, still reserved as to its role within the unprecedented institutional structure of the Community. In van Gend, ENEL and Simmenthal II, on the other hand, the Court resolutely pursued a judicial policy intended to ensure an effective operation of the Community legal order, a problem hardly envisaged in 1954. In these rulings the Court characterized the emerging legal order and stated its fundamental and indispensable requirements: the unlimited supremacy of Community law and its direct effect. The development of a superior and autonomous Community legal order was finally completed by the Court's recognition of fundamental Communiry rights of individuals. This development from an initially reserved stand of the Court searching for its proper role and its potentialities to a bold and determined judicial policy is truly remarkable.


Judicial Review Of Commercial Regulation

Judicial Review of Commercial Regulation PDF
Author: Jaime Arancibia
Publisher: OUP Oxford
ISBN: 0191616842
Size: 15.16 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 256
View: 3041

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Judicial Review Of Commercial Regulation

by Jaime Arancibia, Judicial Review Of Commercial Regulation Books available in PDF, EPUB, Mobi Format. Download Judicial Review Of Commercial Regulation books, English courts have traditionally held a policy of judicial restraint towards regulatory decisions in the commercial context. This book provides a critical view of the courts' deferential attitude and advocates a more intensive form of judicial review which is more satisfactory in terms of individual justice. Addressing the issue in three parts, the orthodox common law position on judicial review is first set out, demonstrating the deferential approach of the courts and highlighting the limited scope of review in a commercial context. The regulator's expertise and institutional autonomy, and the demands of administrative efficiency, all contribute to preventing the courts from interfering with the development of regulatory policies. The book then moves on to consider how current policy appears to be inconsistent with the relevant values of English public law which protect individuals from capricious and arbitrary executive action - particularly the right of the applicant to obtain an independent assessment of the validity of the impugned decision by a court which acts as ultimate arbiter of law. Setting out an alternative model based on European human rights law, the book contends close supervision is necessary over decisions which alter or determine the operation of markets in order to reach a level of judicial control that is consistent with the requirements of fairness and reasonableness in this area and with proper respect for the rights of the parties involved. This alternative approach finds its roots in the principle of proportionality, which entails a greater judicial attenuation of administrative autonomy in order to ensure that actions do not go beyond what it is strictly necessary to achieve the desired outcome.


Judicial Control Of Public Administration In Afghanistan

Judicial Control of Public Administration in Afghanistan PDF
Author: Mirwais Ayobi
Publisher: LIT Verlag Münster
ISBN: 3643913931
Size: 43.84 MB
Format: PDF, ePub
Category :
Languages : en
Pages :
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Judicial Control Of Public Administration In Afghanistan

by Mirwais Ayobi, Judicial Control Of Public Administration In Afghanistan Books available in PDF, EPUB, Mobi Format. Download Judicial Control Of Public Administration In Afghanistan books, Judicial control of public administration is essential for the realisation of the rule of law and democracy. To date, there is virtually no effective judicial protection in Afghanistan. However, a study of Afghan legal history suggests that the country has certain - currently underdeveloped - institutions that could be used as the basis for the creation of judicial control. Based on a historical study, the book elaborates the pluralist legal culture of Afghanistan, rooted in tribal and Islamic legal conceptions alongside a State legal system. The author proposes practical solutions for the development of judicial control of public administration in Afghanistan.


Judicial Control In The European Union

Judicial Control in the European Union PDF
Author: Alicia Hinarejos
Publisher: Oxford Studies in European Law
ISBN: 0199569967
Size: 15.27 MB
Format: PDF, ePub, Mobi
Category : Language Arts & Disciplines
Languages : en
Pages : 211
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Judicial Control In The European Union

by Alicia Hinarejos, Judicial Control In The European Union Books available in PDF, EPUB, Mobi Format. Download Judicial Control In The European Union books, This monograph maps out the evolution of judicial control in two specific fields of European Union activity: the Area of Freedom, Security and Justice and the Common Foreign and Security Policy. Judicial oversight in these areas has traditionally been insufficient, causing problems as regards the protection of individuals and the shaping, in general, of a coherent legal system. In recent years, the European Court of Justice has had to address some of theseproblems in very high-profile cases, focusing academic attention on these areas. Further changes may be ahead, as part of the overarching reform proposed in the Lisbon Treaty. This book compares the currentjudicial arrangements in these areas to the ones envisaged in the Lisbon Treaty and investigates the expansion of the powers of the European Court of Justice, its role in providing a constitutional basis for the second and third pillars and its position at the apex of a federal judicial system in relation to these two particular areas. The monograph provides a timely assessment of the current evolution of judicial accountability in the field.


Judicial Control Of Foreign Evidence In Comparative Perspective

Judicial Control of Foreign Evidence in Comparative Perspective PDF
Author: Chantal Joubert
Publisher: Rozenberg Publishers
ISBN: 9036191327
Size: 29.41 MB
Format: PDF
Category : Law
Languages : en
Pages : 166
View: 2511

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Judicial Control Of Foreign Evidence In Comparative Perspective

by Chantal Joubert, Judicial Control Of Foreign Evidence In Comparative Perspective Books available in PDF, EPUB, Mobi Format. Download Judicial Control Of Foreign Evidence In Comparative Perspective books, Discusses judicial control of foreign evidence in comparative perspective


Dynamism Of Judicial Control And Administrative Adjudication

Dynamism of judicial control and administrative adjudication PDF
Author: Noor Mohammed Bilal
Publisher: Deep and Deep Publications
ISBN: 9788176295123
Size: 43.41 MB
Format: PDF, ePub, Docs
Category : Administrative courts
Languages : en
Pages : 375
View: 516

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Dynamism Of Judicial Control And Administrative Adjudication

by Noor Mohammed Bilal, Dynamism Of Judicial Control And Administrative Adjudication Books available in PDF, EPUB, Mobi Format. Download Dynamism Of Judicial Control And Administrative Adjudication books, A Critical Study Of The Genesis Of Administrative Adjudication And Judicial Response To It. Special Focus In Cat (Central Administrative Tribunal) And Its Role In Reliving The Courts From The Burden Of Service Litigation. Compares With Other Countries Also. Has Nine Chapters. Makes Suggestions. All Those Interested In The Field Of Administrative Justice And The Legality Of Administrative Actions Will Find It Useful.


Administrative Law

Administrative Law PDF
Author: Christopher F. Edley
Publisher: Yale University Press
ISBN: 9780300052534
Size: 77.24 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 270
View: 5925

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Administrative Law

by Christopher F. Edley, Administrative Law Books available in PDF, EPUB, Mobi Format. Download Administrative Law books, This seminal book presents a fundamental reconsideration of modern American administrative law. According to Christopher Edley, the guiding principle in this field is that courts should apply legal doctrines to control the discretion of unelected bureaucrats. In practice, however, these doctrines simply give unelected judges largely unconstrained--and inescapable--discretion. Assessed on its own terms, says Edley, administrative law is largely a failure. He discussed why and how this is so and argues that law should abandon its obsession with bureaucratic discretion and pursue instead the direct promotion of sound governance. Edley demonstrates that legal analyses of separation of powers and of judicial oversight of agencies implicitly use three decision-making paradigms: politics, scientific expertise, and adjudicatory fairness. Conventional wisdom maintains, for example, that judges should hesitate to question the political choices of legislators and the expertise of administrators, but need not be so deferential in addressing questions of law. Such judicial efforts to police governance have largely failed because, as Edley shows in several contexts, they attempt to appraise decision-making paradigms as though they were separable when in fact the important decisions of both judges and political officials combine elements of politics, science, and fairness. According to Edley, unsustainable boundaries among these paradigms cannot be a satisfactory basis for deciding when a court should interfere. Law must stop focusing on separation of powers and instead direct attention to such issues as bureaucratic incompetence, systemic agency delay, and political bias.


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