6. The administrative justice system

Author(s):  
Martin Partington

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society. It then discusses the bodies and processes that make up the institutional framework of administrative justice. It also considers the responsibilities of Parliament in holding government to account. In addition, it asks who has general oversight of the system.

2021 ◽  
pp. 160-196
Author(s):  
Martin Partington

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Once again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the Transformation Programme and the response to the COVID-19 pandemic. It also considers the particular responsibilities of Members of Parliament in holding the Government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.


Author(s):  
Martin Partington

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the current transformation programme. It also considers the particular responsibilities of Members of Parliament in holding government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.


Author(s):  
Martin Partington

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society. It discusses the courts, tribunals, ombudsmen, and other bodies and processes that make up the institutional framework of administrative justice. It also considers the responsibilities of Parliament in holding government to account. In addition, it asks who has general oversight of the system.


2020 ◽  
Vol 71 (3) ◽  
pp. 457-479
Author(s):  
Sophie Boyron

In 2016, the French Parliament introduced a new chapter on mediation in the Code of Administrative Justice. To succeed, this reform needs to reverse repeated failures in this field. In view of the significant challenge of embedding administrative mediation in the French administrative justice system, the reform and its implementation were informed by empirical findings arising from a mediation pilot set up by the administrative court of Grenoble in Spring 2013. An empirical study of the pilot and of the experience of rolling out administrative mediation in France forms the core of this article and the context in which to revisit foundational questions about mediation and administrative justice. I argue that mediation is not illsuited to administrative law disputes, but that to be integrated in a system of administrative justice, mediation requires the negotiation of a dedicated environment triggering in turn the emergence of a pluralist administrative justice system.


2021 ◽  
pp. 197-217
Author(s):  
Martin Partington

This chapter discusses the family justice system. It considers the role law plays in regulating the family. The chapter covers the institutional framework of family justice and its transformation. It notes the creation of the Family Court and the pressures on that court. It reviews the remedies which are available in that court, in particular those relating to the protection of children. The chapter briefly considers adoption. It considers other matrimonial matters, in particular the introduction of no-fault divorce and the financial effects of divorce. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence and abuse. It considers the legal practitioners involved in family law issues and how they seek to deal with family disputes on a less adversarial basis. The effect of changes to legal aid for funding for family law cases is discussed.


Author(s):  
Martin Partington

This chapter discusses the family justice system. It considers the role law plays in regulating the family. The chapter covers the institutional framework of family justice and its transformation. It notes the creation of the Family Court and the pressures on that court. It reviews the remedies which are available in that court, in particular those relating to the protection of children. The chapter briefly considers adoption. It considers other matrimonial matters, in particular the financial effects of divorce. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence. It considers the legal practitioners involved in family law issues and how they seek to deal with family disputes on a less adversarial basis. The effect of changes to legal aid for funding for family law cases is discussed.


Author(s):  
Mark Elliott ◽  
Jason Varuhas

This chapter examines the role of the ombudsmen in the administrative justice system. It first traces the origins of the ‘public sector ombudsmen’, including the Parliamentary Ombudsman, in the UK. It then considers the need for and the functions of the ombudsmen, along with the place of the ombudsmen in a changing administrative landscape. It also discusses bodies and matters subject to investigation by the Ombudsman based on the Parliamentary Commissioner Act 1967, including ‘maladministration’, and the Ombudsman's discretion to investigate. Finally, the chapter reviews the conduct and consequences of the Ombudsman's investigations, paying attention to judicial review of the ombudsmen's conclusions, and institutional matters pertaining to the ombudsman system.


Author(s):  
Marco Mazzamuto

The present study deals with the formation of the Italian administrative justice system and its French derivation. The analysis therefore extends into the wider European context in the nineteenth century, showing the existence of European common principles of administrative law and providing reasons that explain why the administrative justice system achieved a citizen protection superior to that of the civil law tradition. Finally, the chapter focuses on the consequences of the process of ‘jurisdictionalization’ of administrative justice, suggesting that the gracieuse origins of administrative justice was more easily saved in systems, such as the French or Italian system, in which the ‘same’ administrative bodies in exercising administrative justice formally became administrative courts.


Author(s):  
Martin Partington

This chapter discusses the family justice system. It considers the role law plays in regulating the family. It covers the institutional framework of family justice and its transformation; creation of the family court; the remedies available in that court; adoption; other matrimonial matters. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence. It considers the legal practitioners involved in family law issues and changes to legal aid for funding for family law cases.


Author(s):  
Martin Partington

This chapter discusses the family justice system. It considers the role law plays in regulating the family. It covers the institutional framework of family justice; creation of the family court; the remedies available in that court; adoption; other matrimonial matters. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence. It considers the legal practitioners involved in family law issues and changes to legal aid for funding for family law cases.


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