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 |  |
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 |
doi | https://doi.org/10.1007/978-94-6265-307-8 |
isbn_softcover | 978-94-6265-309-2 |
isbn_ebook | 978-94-6265-307-8 |
copyright | T.M.C. Asser press and the authors 2019 |