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Titlebook: Judicial Review of Administrative Discretion in the Administrative State; Jurgen de Poorter,Ernst Hirsch Ballin,Saskia Lavri Book 2019 T.M

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发表于 2025-3-21 16:26:57 | 显示全部楼层 |阅读模式
书目名称Judicial Review of Administrative Discretion in the Administrative State
编辑Jurgen de Poorter,Ernst Hirsch Ballin,Saskia Lavri
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概述Constitutes a state-of-the-art overview of academic literature on governance in the administrative state and the role of the judiciary therein.Analyses and compares the role of the judiciary in the ad
图书封面Titlebook: Judicial Review of Administrative Discretion in the Administrative State;  Jurgen de Poorter,Ernst Hirsch Ballin,Saskia Lavri Book 2019 T.M
描述.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 boo
出版日期Book 2019
关键词Judicary; Administrative State; Independent Agencies; Discretion; Review; Restraint Review; Standard of Re
版次1
doihttps://doi.org/10.1007/978-94-6265-307-8
isbn_softcover978-94-6265-309-2
isbn_ebook978-94-6265-307-8
copyrightT.M.C. Asser press and the authors 2019
The information of publication is updating

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发表于 2025-3-21 20:41:46 | 显示全部楼层
Constitutional Genealogy of Judicial Review in the Administrative Stateough democratic procedures, and that the administration is therefore primarily subject to political, not judicial, oversight. Public administration has however become increasingly complex, and rule-making occurs more and more by specialized administrative agencies. This high degree of professionalis
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Judicial Scrutiny of Regulatory Decisions at the UK’s Specialist Competition Appeal Tribunal feature of the UK’s regulatory and competition law landscape. Unlike ordinary courts, the CAT’s bench combines legal and non-legal expertise in areas such as economics, business and accountancy. Despite its specialist nature, however, and contrary to what intuition would suggest, the CAT does not a
发表于 2025-3-22 08:44:18 | 显示全部楼层
A Future Perspective on Judicial Review of Generally Binding Regulations in the Netherlands: Towards role the administrative courts are supposed to play in the administrative state. A different approach seems possible if we look at the aim of judicial review from a different constitutional point of view and consider judicial review to be animated by the concern to ensure the non-disproportionate c
发表于 2025-3-22 13:34:54 | 显示全部楼层
Judicial Review in Dutch Environmental Law: General Observationstrine, which is also referred to as the limited judicial review of administrative actions, is the subject of dynamic developments. The exact role that the court should play in the review of administrative actions remains a contentious issue. The focus of this contribution is the relationship between
发表于 2025-3-22 20:12:31 | 显示全部楼层
Judicial Review in Dutch Environmental Law; from the Judge’s Perspectiveers must be seen as a way of implementing the legislature’s decisions is criticized. The model for judicial review has been reanalysed as part of the Administrative Jurisdiction Division of the Council of State (AJD)’s project on a more comprehensive form of judicial review. The reason for this is t
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Who Guards the Guardians? Judicial Oversight of the Authority Consumer and Market’s Energy Regulatiolation. The Dutch . (Authority for Consumers and Markets, hereafter: ACM) has been provided broad discretionary powers to regulate the energy market. This chapter examines the way in which the Dutch . (Appeals Tribunal for Trade and Industry, hereafter: CBB) has reviewed energy regulations. This cha
发表于 2025-3-23 03:55:26 | 显示全部楼层
Judicial Review in Administrative Governance: A Theoretical Framework for Comparative Analysistive. It proceeds from the premise that administrative governance cannot sustain itself without maintaining a legitimating connection to the .—legislative, executive, and judicial—in some historically or legally recognizable sense. Judicial review, together with political oversight by legislative an
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landmark of socialism into a subsidiary of a global steel company. We will in particular reconstruct the employment restructuring across the three phases 1990–1998, 1999–2003, 2004–2006). During the first period of restructuring in 1990–1998, restructuring happened mainly naturally by a reduced inta
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