Legalism and English Administrative Law: Comment on Sterett

1992 ◽  
Vol 17 (01) ◽  
pp. 89-100 ◽  
Author(s):  
David Feldman ◽  
Mark Gould
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Recent Issue ◽  
Review Procedure ◽  
The Law ◽  
1960S And 1970S ◽  
The 1960S ◽  
Law Commission ◽  
The Way

In a recent issue of this journal (Volume 15, Number 4, Fall 1990), Susan Sterett examined the role of the Law Commission in the development of English administrative law. She suggested that the Commission mimicked a “peak association” and adopted an “idiom of legalism” in order to justify its reform proposals. This comment disagrees with Sterett on three grounds. First, the role and constitutional position of the Commission is far more complex than Sterett suggests, and this affects the way in which the Commission works. Second, judges and academic lawyers were central to the reform of substantive principles of judicial review in the 1960s and 1970s, making it unnecessary for the Law Commission to act in this field. Finally, it is wrong to ignore the fact that much administrative law occurs outside the judicial review procedure.

scholarly journals Le contrôle juridictionnel de l'action administrative devant les juridictions anglaises

2005 ◽  
Vol 26 (4) ◽  
pp. 863-880
Author(s):  
Sir Gordon Slynn
Keyword(s):  
United Kingdom ◽  
Judicial Review ◽  
Public Authorities ◽  
The United Kingdom ◽  
Private Rights ◽  
The Law ◽  
Law Commission ◽  
The Way

This article outlines the difficulties which were felt to exist in the prerogative orders of certiorari, mandamus and prohibition in the United Kingdom, despite important developments which had taken place in their use. It describes in detail the recommendations of the Law Commission and the changes introduced both by Rules of Court and legislation. The former procedures are replaced by an application for judicial review, though the basis upon which relief is granted remains substantially the same. Recent cases show the way in which the new procedure has developed. Distinctions are drawn between the test to be applied on the application for leave and on the final hearing, and between the proceeding by way of judicial review to challenge the acts of public authorities and actions where purely private rights are claimed. This article shows the way in which the possibility of exceptions to this latter distinction has been established and suggests that the ambit of the new procedure is still in course of development.

Past, Present and Future of the International Law of Transboundary Aquifers

2011 ◽  
Vol 13 (3) ◽  
pp. 209-222 ◽  
Author(s):  
Kerstin Mechlem
Keyword(s):  
International Law ◽  
Status Quo ◽  
Water Law ◽  
The Status ◽  
The Law ◽  
The 1960S ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

AbstractThe article discusses the development of international groundwater law from the first codification efforts of modern water law until present and raises relevant issues for the way forward. It first traces international groundwater law from the 1960s until the end of the last century. It then reviews the growing attention groundwater has received during the last decade and third discusses the status quo. It places particular emphasis on the 2008 Draft Articles on the Law of Transboundary Aquifers adopted by the International Law Commission and the legal arrangements made for five of the 273 transboundary aquifers. It concludes with thoughts on the way forward in this important and understudied area of international law.

scholarly journals The Foundations of the Duty to Give Reasons and a Normative Reconstruction

2020 ◽  
pp. 299-322
Author(s):  
Joana Mendes
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Critical Assessment ◽  
The Law ◽  
Normative Reconstruction

Despite operating in highly constrained legal environments, executive actors may act in a constitutive capacity. This observation prompts a critical assessment of the role of procedural principles in EU administrative law. As norms of conduct deployed by executive bodies during the process of implementing norms, procedural principles may have legal dimensions that, while constitutionally relevant, may not come to the fore in judicial review. The chapter develops this argument with regard to the multifaceted character of the duty to give reasons. It argues that the duty to give reasons ought to ensure the constitutional embeddedness of the constitutive action of EU executive bodies. Such role is consistent both with the original relevance of the duty to give reasons to the law of integration (in the context of the European Coal and Steel Community) and with the current EU constitutional framework. The latter justifies reinstituting the original constitutional function of the duty to give reasons, irrespective of its current scope in the context of judicial review.

Franco Basaglia

2020 ◽  
pp. 1-22
Author(s):  
John Foot
Keyword(s):  
Psychiatric Hospitals ◽  
Global Impact ◽  
The World ◽  
Points Of View ◽  
The Law ◽  
1960S And 1970S ◽  
The 1960S ◽  
The Way

This chapter looks at the life and times of the psychiatrist Franco Basaglia (1924–1980) from a series of points of view. It analyses the importance of his experiences as Director of Psychiatric Hospitals in Gorizia (1961–1968) and Trieste (1971–1978), and the legacy of the law (1978) which carries his name. The chapter also looks at the connections between Basaglia’s life and his work as a radical and critical psychiatrist, and at the way in which certain sources—above all, those linked to Basaglia’s personal descriptions of his life—have been used to tell this story, creating a circularity of sources and a tendency towards a ‘Basagliacentric’ account of the movement itself. The chapter ends with a reflection of the global impact of the Basaglia law and movement, and the different messages emerging from the 1960s and 1970s for the world of psychiatrists and patients.

Legality

2020 ◽  
pp. 880-899
Author(s):  
Paul Craig
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Administrative Law ◽  
Fundamental Rights ◽  
Legal Systems ◽  
The Third ◽  
Critical Scrutiny ◽  
Principle Of Legality ◽  
The Way

This chapter is concerned with the concept of legality, and its role in administrative law. Here, six views of the role of legality are examined. The first two views are foundational, albeit in different senses. Thus, the chapter begins with consideration as to how far legality may be conceived as foundational in the sense of being the meta-precept for administrative law doctrine. The third, fourth, and fifth views of the cathedral consider the way in which legality is deployed by way of contradistinction to other administrative law concepts, with implications for the structure of administrative law doctrine and the intensity of review. The respective distinctions are between legality and rationality, legality and the merits, and legality and policy. These dichotomies are explicated and subjected to critical scrutiny. The sixth and final role played by legality is as a distinct head of judicial review, as evidenced by the principle of legality, which exists in some common law legal systems, and is concerned with the way in which legislation that infringes fundamental rights will be interpreted. The principle is analysed, as is the rationale for the ascription of the nomenclature ‘legality’.

The Law Commission and Judicial Review: Principle Versus Progmatism

1995 ◽  
Vol 54 (2) ◽  
pp. 268-279 ◽  
Author(s):  
Ivan Hare
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
England And Wales ◽  
Reform Agenda ◽  
Commission Report ◽  
The Law ◽  
Law Commission

IT IS now 18 years since the Law Commission Report which led to the introduction of the reformed R.S.C., Order 53,1 the procedure which still governs all applications for judicial review in England and Wales. The Law Commission has now returned to the field with its 1994 Report entitled Administrative Law: Judicial Review and Statutory Appeals.2 During the interval between the two reports, judicial review has undergone enormous change in terms of both thequantity of claims brought3 and the substantive and adjectival developments in the jurisprudence. Moreover, important additions to the reform agenda have been made from a variety of sources.4 The Law Commission's latest contribution could thus hardly be better timed.

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

scholarly journals Creating Destinations for a Better Tomorrow: UN Development Aid for Cultural Tourism in the 1960s

2021 ◽  
pp. 002200942097476
Author(s):  
Marie Huber
Keyword(s):  
Developing Countries ◽  
Development Aid ◽  
Employment Sector ◽  
Development Decade ◽  
Colonial Legacies ◽  
The Subject ◽  
1960S And 1970S ◽  
The 1960S ◽  
International Experts

Tourism is today considered as a crucial employment sector in many developing countries. In the growing field of historical tourism research, however, the relationships between tourism and development, and the role of international organizations, above all the UN, have been given little attention to date. My paper will illuminate how during the 1960s tourism first became the subject of UN policies and a praised solution for developing countries. Examples from expert consultancy missions in developing countries such as Ethiopia, India and Nepal will be contextualized within the more general debates and programme activities for heritage conservation and also the first UN development decade. Drawing on sources from the archives of UNESCO, as well as tourism promotion material, it will be possible to understand how tourism sectors in many so-called developing countries were shaped considerably by this international cooperation. Like in other areas of development aid, activities in tourism were grounded in scientific studies and based on statistical data and analysis by international experts. Examining this knowledge production is a telling exercise in understanding development histories colonial legacies under the umbrella of the UN during the 1960s and 1970s.

The Work of the International Law Commission, 2007–2011: Progress and Prospects

2012 ◽  
Vol 106 (2) ◽  
pp. 322-340 ◽  
Author(s):  
Donald McRae
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflicts ◽  
General Assembly ◽  
Un General Assembly ◽  
The Law ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.

DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW

2021 ◽  
pp. 208-224
Author(s):  
Julia S. Kharitonova ◽  
◽  
Larisa V. Sannikova ◽  
Keyword(s):  
Public Relations ◽  
The United States ◽  
Legal Regulation ◽  
Private Law ◽  
Property Relations ◽  
The World ◽  
The Law ◽  
Private Investors ◽  
The Way

Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.

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