Administrative Tribunals and Adjudication


Book Description

Among the many constitutional developments of the past century or so, one of the most significant has been the creation and proliferation of institutions that perform functions similar to those performed by courts but which are considered to be, and in some ways are, different and distinct from courts as traditionally conceived. In much of the common law world, such institutions are called 'administrative tribunals'. Their main function is to adjudicate disputes between citizens and the state by reviewing decisions of government agencies - a function also performed by courts in 'judicial review' proceedings and appeals. Although tribunals in aggregate adjudicate many more such disputes than courts, tribunals and their role as dispensers of 'administrative justice' receive relatively little scholarly attention. This wide-ranging book-length treatment of the subject compares tribunals in three major jurisdictions: Australia the UK and the US. It analyses and offers an account of the concept of 'administrative adjudication', and traces its historical development from the earliest periods of the common law to the twenty-first century. There are chapters dealing with the design of tribunals and tribunal systems and with what tribunals do, what they are for and how they interact with their users. The book ends with a discussion of the place of tribunals in the 'administrative justice system' and speculation about possible future developments. Administrative Tribunals and Adjudication fills a significant gap in the literature and will be of great value to public lawyers and others interested in government accountability.




The Oxford Handbook of Comparative Administrative Law


Book Description

In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.




The Oxford Handbook of Administrative Justice


Book Description

"The core animating feature of administrative justice scholarship is the desire to understand how justice is achieved through the delivery of public services and the actions, inactions, and decision-making of administrative bodies. The study of administrative justice also encompasses the redress systems by which people can challenge administrative bodies to seek the correction of injustices. For a long time now, scholars have been interested in administrative justice, but without necessarily framing their work as such. Rather than existing under the rubric of administrative justice, much of the research undertaken has existed within sub-categories of disciplines, such as law, sociology, public policy, politics, and public administration. Consequently, although aspects of the topic have attracted rich contributions across such disciplines, administrative justice has rarely been studied or taught in a manner that integrates these areas of research more systematically. This Handbook signals a major change of approach. Drawing together a group of world-leading scholars of administrative justice from a range of disciplines, The Oxford Handbook of Administrative Justice shows how administrative justice is a vibrant, complex, and contested field that is best understood as an area of inquiry in its own right, rather than through traditional disciplinary silos"--




Justice and Administrative Law


Book Description




The Oxford Handbook of International Adjudication


Book Description

The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribunals, exercising jurisdiction over international crimes and sundry international disputes, have become, in some respects, the lynchpin of the international legal system. The Oxford Handbook of International Adjudication charts the transformations in international adjudication that took place astride the twentieth and twenty-first century, bringing together the insight of 47 prominent legal, philosophical, ethical, political, and social science scholars. Overall, the 40 contributions in this Handbook provide an original and comprehensive understanding of the various contemporary forms of international adjudication. The Handbook is divided into six parts. Part I provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. Part II analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. Part III lays out the theoretical approaches to international adjudication, including those of law, political science, sociology, and philosophy. Part IV examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges and the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. Part V examines key actors in international adjudication, including international judges, legal counsel, international prosecutors, and registrars. Finally, Part VI overviews select legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. The Handbook is an invaluable and thought-provoking resource for scholars and students of international law and political science, as well as for legal practitioners at international courts and tribunals.




The Development and Effectiveness of International Administrative Law


Book Description

This book contains essays addressing issues including: the role of international administrative law in the governance of international organizations, the contribution of international administrative tribunals, and problems of effectiveness and legitimacy in the design and operation of the institutions of international administrative law.




Specialized Justice


Book Description

Specialized Justice addresses the question of the desirability of specialization in the administration of justice. Should there be more, rather than less, sub-division of the judiciary into specialized tribunals? What is most desirable in terms of efficiency, speed, true justice, and cost? Theauthor attempts to answer these questions both by examining theoretical paradigms and also by describing the results of an empirical study which he has undertaken. He concludes by examining variables that apply in different jurisdictions and which should, if accounted for properly, allow generalizedlessons to be extracted from the individual studies.




The Oxford Handbook of International Organizations


Book Description

Virtually every important question of public policy today involves an international organization. From trade to intellectual property to health policy and beyond, governments interact with international organizations in almost everything they do. Increasingly, individual citizens are directly affected by the work of international organizations. Aimed at academics, students, practitioners, and lawyers, this book gives a comprehensive overview of the world of international organizations today. It emphasizes both the practical aspects of their organization and operation, and the conceptual issues that arise at the junctures between nation-states and international authority, and between law and politics. While the focus is on inter-governmental organizations, the book also encompasses non-governmental organizations and public policy networks. With essays by the leading scholars and practitioners, the book first considers the main international organizations and the kinds of problems they address. This includes chapters on the organizations that relate to trade, humanitarian aid, peace operations, and more, as well as chapters on the history of international organizations. The book then looks at the constituent parts and internal functioning of international organizations. This addresses the internal management of the organization, and includes chapters on the distribution of decision-making power within the organizations, the structure of their assemblies, the role of Secretaries-General and other heads, budgets and finance, and other elements of complex bureaucracies at the international level. This book is essential reading for scholars, practitioners, and students alike.




Dynamism of judicial control and administrative adjudication


Book Description

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.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.