Judicial Review of Administrative Acts as Form of External Oversight Over the Administration
In: Justicia, International Journal of Legal Sciences, Nr. 2/2014, ISSN:1857-8454
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In: Justicia, International Journal of Legal Sciences, Nr. 2/2014, ISSN:1857-8454
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In: Corporate governance and organizational behavior review, Band 6, Heft 2, S. 85-94
ISSN: 2521-1889
This article analyses the right to judicial review of administrative acts and its impact on governance reforms as a result of the procedure conducted by a respective court. The article also evaluates and finds that examination of administrative acts by competent court strengths the rule of law and governance efficiency as a mechanism to guarantee the application of the principle of legality that requires that public authorities should act within a legal boundary and reasonable time to respect the citizen's rights. Data analysis assumes on descriptive approach, an examination of the current legal framework governing the system, reports on the functioning of the oversight mechanism, empirical analyses of the topic, processed cases of administrative justice, and other published work. Administrative justice is not limited to the guarantee of citizens' rights. Its justification also lies in the necessity to defend the public interest and to guarantee a balance between individual rights and the general interest (Woehrling, 2006). This study is of great significance and aims to contribute to the perceptive of judicial review proceedings as a narrow approach for the promotion of good administration and furthermore effective reforms. This study concludes that the administrative judiciary is one of the basic mechanisms that correct the illegal actions of the administrative bodies, prevents arbitrariness, and impact the governance reforms towards increasing efficiency, accountability, and transparency
PH.D.LAW ; This work covers judicial review, the power of the courts to pen any government action within the four corners of the law. It examines the development of judicial review in England in common law, its application since the late nineteenth century of this law within the Maltese legal system, and the development by the Maltese courts of the doctrine of ultra vires; the work analyses the evolution of ultra vires from a simple examination of competence and form, to a more intrusive examination of the exercise of any discretion by a public authority; including the application of novel notions of judicial review such as legitimate expectations, the extension of the reasonableness test; as well as the extension of the rules of natural justice to cover administrative acts and not only judicial or quasi-judicial ones. The work also covers the attempts made by the Executive to limit and circumscribe judicial review particularly through Act No. VIII of 1981 and the valiant attempts made by the judiciary to thwart such exclusion of scrutiny. This thesis also examines the different norms applicable to different forms of judicial review, whether of administrative acts under article 469A of the Code of Organization of Civil Procedure, judicial review of delegated legislation under the constitutional provision of the actio popularis, and the scrutiny of decisions and actions of Administrative tribunals. Proposals are set forth for reform in this area to group all judicial review under one title. ; N/A
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Research on comparative administrative law, in contrast to comparative constitutional law, remains largely underdeveloped. This book plugs that gap. It considers how a wide range of common law systems have received and adapted English common law to the needs of their own socio-political context. Readers will be given complex insights into a wide range of common law systems of administrative law, which they may not otherwise have access to given how difficult it would be to research all of the systems covered in the volume single-handedly. The book covers Scotland, Ireland, the USA, Canada, Israel, South Africa, Kenya, Malaysia, Singapore, Hong Kong SAR, India, Bangladesh, Australia and New Zealand. Comparative public lawyers will have a much greater range of common law models of administrative law - either to pursue conversations about their own common law system or to sophisticate their comparison of their system (civil law or otherwise) with common law systems
In the modern administrative state, hundreds if not thousands of officials wield powers that can be used to the benefit or detriment of individuals and corporations. When the exercise of these powers is challenged, a great deal can be at stake. Courts are confronted with difficult questions about how to apply the general principles of administrative law in different contexts. Based on a comparative theoretical analysis of the allocation of authority between the organs of government, A Theory of Deference in Administrative Law provides courts with a methodology to apply no matter how complex the subject matter. The firm theoretical foundation of deference is fully exposed and a comprehensive doctrine of curial deference is developed for application by courts in judicial review of administrative action. A wide scope is urged, spanning the whole spectrum of government regulation, thereby ensuring wide access to public law remedies
In federal and state governments in the United States, administrative agencies are often given broad delegated powers to affect policy, subject only to the substantive and procedural limits contained in the Constitution and in statutes. In our legal system, the basic function of judicial review of agency action is to keep administrative agencies within the bounds set for them by these legislative and constitutional commands. It is understood that courts have no significant policy-making authority; they should not extend their own function beyond the policing of these constitutional and statutory boundaries. The Administrative Procedure Act (APA), Chapter 34.05 RCW, contains several types of information about judicial review. It identifies what matters are reviewable, how and where judicial review is obtained, who can seek judicial review, when review can be obtained, and what review consists of once it is secured. --Publisher's description
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In: Lex et res publica volume 10
In: Recommendation Rec 2004, 20
In: Legal instruments
Research on comparative administrative law, in contrast to comparative constitutional law, remains largely underdeveloped. This book plugs that gap. It considers how a wide range of common law systems have received and adapted English common law to the needs of their own socio-political context. Readers will be given complex insights into a wide range of common law systems of administrative law, which they may not otherwise have access to given how difficult it would be to research all of the systems covered in the volume single-handedly. The book covers Scotland, Ireland, the USA, Canada, Israel, South Africa, Kenya, Malaysia, Singapore, Hong Kong SAR, India, Bangladesh, Australia and New Zealand. Comparative public lawyers will have a much greater range of common law models of administrative law - either to pursue conversations about their own common law system or to sophisticate their comparison of their system (civil law or otherwise) with common law systems.
Introduction -- Jurisdiction of the Federal Court -- Leave requirements -- Procedure on application for judicial review -- Scope of appeal of certified questions to the Court of Appeal -- Appeal of decisions of the Federal Court of Appeal -- Standard review to be applied by the court sitting on judicial review -- Grounds for judicial review and appeals of immigration decisions -- The role of the Federal Court in the provisions for the protection of information whose disclosure would be injurious to national security under the Immigration and Refugee Protection Act -- Forms and precedents -- Relevant legislation.
In: http://hdl.handle.net/2027/pur1.32754078073735
Item 1046-A-1, 1046-A-2 (microfiche). ; Shipping list no.: 89-119-P. ; Distributed to some depository libraries in microfiche. ; Includes bibliographical references. ; Mode of access: Internet.
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In: Collection Monographies juridiques