Administrative Redress Inside and Outside the Court
Author : Matthew Groves
Publisher :
Page : pages
File Size : 44,9 MB
Release : 2019-04-30
Category :
ISBN : 9781760022020
Author : Matthew Groves
Publisher :
Page : pages
File Size : 44,9 MB
Release : 2019-04-30
Category :
ISBN : 9781760022020
Author : Great Britain: Law Commission
Publisher : Editions de l'Atelier
Page : 80 pages
File Size : 21,81 MB
Release : 2010-05-26
Category : Business & Economics
ISBN : 9780102966244
In this report the Law Commission sets out conclusions from its review of administrative redress in public and private law following consultation (Law Commission consultation paper 187, 2008, ISBN 9780118404532). The aim of the Commission's review was to consider when and how individuals should be able to obtain redress against public bodies that have acted in a substandard way. The report discusses individuals' access to remedies through the courts, as well as through avenues outside the court system, such as the public sector ombudsmen. In examining court-based remedies, the Commission concludes that there are good arguments for reform but, given the level of opposition to its earlier proposals and the absence of available data on the costs of compensation paid by public bodies, work will not be taken forward on reviewing this area of the law. The report does, however, recommend that government should establish a process for collecting and publishing information on the cost of public compensation. The Commission is taking forward its review of the public sector ombudsmen, following a favourable response to its proposals. The scope of the review will be extended and include suggestions for improving citizens' access to the public sector ombudsmen, and increasing the powers of ombudsmen to refer points of law to the courts. The Commission will consult on its proposals for reform of public sector ombudsmen later in 2010 and expects to make final recommendations to government the following year.
Author : Great Britain. Law Commission
Publisher : Stationery Office Books (TSO)
Page : 182 pages
File Size : 29,40 MB
Release : 2008
Category : Business & Economics
ISBN : 9780118404532
This consultation paper deals with the question: when and how should the individual be able to obtain redress from a public body that has acted in a substandard manner? The Commission believes that, in principle, claimants should be entitled to obtain redress for loss caused by clearly substandard administrative action. But it also realises that special consideration should be given to the role played by public bodies when considering when and under what terms they should be liable for such losses. Part 3 of the paper analyses the mechanisms currently available for aggrieved citizens: formal complaints procedures; external non-court avenues, such as tribunals and public inquiries; public sector ombudsmen; court action. The vast majority of cases are handled effectively in the first three mechanisms. The appropriateness and effectiveness of court action is investigated, looking at judicial review and private law. In private law the analysis focuses on the torts of misfeasance in public office, breach of statutory duty and negligence. Part 4 highlights certain defects in the law relating to court-based remedies. In both public and private law, the Commission finds a strong argument for the reform of court-based administrative redress, and suggests specific reforms. To encourage the role of the ombudsmen, in part 5 the paper suggests the creation of a power to stay actions, encouraging claimants to submit suitable claims to the ombudsmen before taking court action. Secondly, it suggests that access to the ombudsmen be improved by modifying the "statutory bar" and removing the MP filter in relation to the Parliamentary Ombudsman. Part 6 examines potential costs and benefits for public bodies, possible statutory immunities and caps for individual claims. There is a need for more data on the resource implications of the suggested reforms.
Author : John Dickinson
Publisher : The Lawbook Exchange, Ltd.
Page : 420 pages
File Size : 19,19 MB
Release : 2003
Category : Administrative procedure
ISBN : 1584772735
Dickinson [1894-1952] examines the relationship between administrative tribunals and the courts, and problems that arise from the judicial review of administrative determinations. This study notably offers a near-contemporary assessment of the Hepburn amendments to the Interstate Commerce Act (1906) and other changes enacted in the early 1900s.
Author : Simon Halliday
Publisher : Hart Publishing
Page : 207 pages
File Size : 34,14 MB
Release : 2004-05
Category : Law
ISBN : 1841132659
This book combines empirical and legal analysis to examine the influence of judicial review on government agencies.
Author : Carl Kuchman
Publisher :
Page : 400 pages
File Size : 21,34 MB
Release : 1953
Category : Administrative courts
ISBN :
Author : Michael Adler
Publisher : Bloomsbury Publishing
Page : 542 pages
File Size : 30,94 MB
Release : 2010-04-30
Category : Law
ISBN : 1847317537
This book comprises a definitive collection of papers on administrative justice, written by a set of very distinguished contributors. It is divided into five parts, each of which contains articles on a particular aspect of administrative justice. The first part deals with the impact of 'contextual changes' on administrative justice and considers the implications of changes in governance and public administration, management and service delivery, information technology, audit and accounting, and human rights for administrative justice. The second part deals with conceptual issues and describes a number of competing approaches to the administrative justice. The third part deals with the application of administrative justice principles to private law disputes while the fourth part deals with the distinctive characteristics of administrative justice in three other jurisdictions. The final part deals with current developments in administrative justice and the book concludes with a discussion of legislative and policy developments in the UK. The general approach of the book is socio-legal and interdisciplinary. The chapters adopt a variety of disciplinary perspectives, including those derived from political science, public policy, social policy, accounting and information technology as well as from law. Although most of the contributors are academics, some are practitioners. For these reasons, the book should be of interest to lawyers, particularly those with interests in administrative law, and to social scientists, particularly those with interests in public administration, public policy and public management.
Author : Chris Backes
Publisher : Bloomsbury Publishing
Page : 1031 pages
File Size : 24,25 MB
Release : 2019-08-08
Category : Law
ISBN : 1509921486
This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.
Author : Peter J. Wallison
Publisher : Encounter Books
Page : 190 pages
File Size : 43,5 MB
Release : 2018-10-16
Category : Law
ISBN : 1641770090
In this book, Peter J. Wallison argues that the administrative agencies of the executive branch have gradually taken over the legislative role of Congress, resulting in what many call the administrative state. The judiciary bears the major responsibility for this development because it has failed to carry out its primary constitutional responsibility: to enforce the constitutional separation of powers by ensuring that the elected branches of government—the legislative and the executive—remain independent and separate from one another. Since 1937, and especially with the Chevron deference adopted by the Supreme Court in 1984, the judiciary has abandoned this role. It has allowed Congress to delegate lawmaking authorities to the administrative agencies of the executive branch and given these agencies great latitude in interpreting their statutory authorities. Unelected officials of the administrative state have thus been enabled to make decisions for the American people that, in a democracy, should only be made by Congress. The consequences have been grave: unnecessary regulation has imposed major costs on the U.S. economy, the constitutional separation of powers has been compromised, and unabated agency rulemaking has created a significant threat that Americans will one day question the legitimacy of their own government. To address these concerns, Wallison argues that the courts must return to the role the Framers expected them to fulfill.
Author : Louis Leventhal Jaffe
Publisher :
Page : 816 pages
File Size : 40,45 MB
Release : 1965
Category : Law
ISBN :
Collection of articles on legal aspects and control of the administration of justice in the USA and examination of major aspects of the relationship between agencies of economic administration and other forms of public administration and courts of law - includes relevant jurisprudence.