Suchergebnisse

In the nineteenth century, the dominant theory of the state restricted the latter's activity to external and domestic defence and the provision of an adequate law of contract by reference to which disputes between individuals could be settled. The theory, however, never represented much more than an ideal. In the twentieth century, it became necessary to abandon even the ideal. Already, before the turn of the century, technological progress had created problems which could be solved only by state action. The demand of organized labour for a measure of security and improved working conditions produced others. Still others resulted from the concentration of capital and mass production. These and other factors forced the state to intervene in spheres which had been traditionally reserved for private enterprise. With the war came even greater problems; and the state became more and more involved. In 1918, a vain effort was made in some countries to return to "normal" conditions; but for the most part the evolution continued unabated though not always in the same tempo or in the same angle of direction. In a few states it produced collectivism, in others a "new deal," in others fascism; but in none did laissez-faire survive.

Overton Park is a 342-acre municipal park lying close to downtown Memphis, Tennessee, in one of that city's better residential areas. Citizens to Preserve Overton Park, Inc. v. Volpe is a Supreme Court decision frequently cited for its general propositions about judicial review of informal administrative action that, to the citizens of Memphis, was one way-station in a more than two-decade struggle concerning whether and where an inner-city expressway, part of Interstate 40, would be built. Overall, the story of that struggle reveals a complex brew of national and local politics about the marriage of highway convenience to urban amenity; but the direct concern of the decision itself is "law," interpreting a statute governing the decisions of federal highway officials about the location and design of interstate highways that might affect parks. At a time when the very idea that politics and law have separate domains is controversial, revisiting Overton Park may be instructive about judicial attitudes toward politics and political controls, and about the impact of judicial skepticism in that regard.

The system of informal legislative negotiations between the European Parliament, the Council and the Commission now exist for about two decades. While so-called 'trilogues' aim to enhance the efficiency of the legislative process, their relative lack of transparency has led them to be criticized for undermining the possibilities of member state parliaments and citizens to meaningfully oversee, debate and participate in EU legislative decision making. We explore to which extent efforts to address these shortcomings have been successful, focussing on the oversight role of administrative and judicial actors, in particular the European Ombudsman and the Court of Justice. We argue that both the institutional structures and agendas of these actors influence the way they confront the question of trilogue transparency. Whereas the Court's focus is on safeguarding EU constitutional principles relating to democracy, the Ombudsman increasingly takes an expansive view of the concept of maladministration. ; Peer reviewed

Deals with specific issues in the area of international administrative law, such as the judicial review of administrative action and managerial discretion; the powers exercised by international administrative tribunals, including in disciplinary cases; and the proper functioning and operating procedures of such tribunals.

4. Constitutionalism, Judicial Restraint, and Administrative Law I. CONSTITUTIONALISM AND JUDICIAL RESTRAINT ; II. JUDICIAL RESTRAINT AND ADMINISTRATIVE LAW ; III. CONCLUSION ; 5. From Formalism to Reasonable Justification: The Transformation of Canadian Administrative Law ; I. THE FORMAL AND CONCEPTUAL ERA ; II. THE PRAGMATIC AND FUNCTIONAL ERA ; III. THE DIS-FUNCTIONAL ERA ; IV. CONCLUSION ; 6. Authority, Legitimacy, and Legality in Administrative Law ; I. LEGITIMATE AUTHORITY AND THE ADMINISTRATIVE STATE ; II. LEGALITY AND THE LEGITIMACY OF ADMINISTRATIVE LAW.

"Memorandum to members of the Assembly Committee on Labor Relations from Steve Spellman, consultant." ; Mode of access: Internet.