Judicial Review of Administration in Europe
Series: The Common Core of European Administrative Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 23 August 2021
- ISBN 9780198867609
- Binding Hardback
- No. of pages416 pages
- Size 242x164x30 mm
- Weight 766 g
- Language English 491
Categories
Short description:
This title explores the procedural and substantive principles of administration law. It uses case studies and comparative studies of procedural fairness and propriety in courts to find the similarities and differences among various legal systems. Along with several European countries, it also covers Latin America and China.
MoreLong description:
This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals not only differences but also some common and connecting elements, in a 'common core' perspective.
The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the 'common core' method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a 'common core' exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.
Table of Contents:
I - General Principles and Comparative Studies
Administrative Procedure and Judicial Review: A 'Common Core' Research
The Common Core of European Administrative Laws and the Pan-European General Principles of Good Administration
II - The Legal Systems Selected for Comparison: Principles and Remedies
Administrative Procedure and Judicial Review in Austria
Administrative Procedure and Judicial Review in Belgium
Administrative Procedure and Judicial Review in China
Administrative Procedure and Judicial Review in the European Union
Administrative Procedure and Judicial Review in France
Administrative Procedure and Judicial Review in Germany
Administrative Procedure and Judicial Review in Hungary
Administrative Procedure and Judicial Review in Italy
Administrative Procedure and Judicial Review in Latin America
Administrative Procedure and Judicial Review in Lithuania
Administrative Procedure and Judicial Review in Spain
Administrative Procedure and Judicial Review in Switzerland
Administrative Procedure and Judicial Review in Ukraine
Administrative Procedure and Judicial Review in the United Kingdom
III. Cases
Cases
IV. Comparative Analysis
EU Countries and the UK
EU Member States and other European countries
Europe and Latin America
Europe and China
Judicial Oversight of Procedural Fairness and Propriety in Europe: Diversity Within Commonality
Judicial Review of Administration in Europe
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