The Importance of Resource Allocation in Administrative Law: A Case Study of Judicial Review of Agency Inaction under the Administrative Procedure Act

2007 ◽  
Author(s):  
Eric Biber
Keyword(s):  
Resource Allocation ◽  
Judicial Review ◽  
Administrative Law ◽  
Administrative Procedure

Administrative Procedure and Judicial Review in France

2021 ◽  
pp. 50-52
Author(s):  
Delphine Costa
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Judicial Remedy ◽  
Individual Decisions ◽  
Laws And Regulations ◽  
Administrative Justice

This chapter describes administrative procedure and judicial review in France. In French public law, no constitutional provision provides for judicial review of administrative measures. Nor is there a convention providing for judicial review of administrative measures. This is only envisaged by the laws and regulations, in particular the Administrative Justice Code and the Code of Relations between the Public and the Administration. The administrative courts exercise extensive control over the acts or measures of the public administration, including both individual decisions and regulatory acts, but some are nonetheless beyond judicial review. Where an act or measure is contested on procedural grounds, judicial review takes place only under certain conditions: the procedural defect must have deprived the applicant of a guarantee or it must have influenced the meaning of the decision taken. Two types of judicial remedy exist in administrative law: it is therefore up to the applicant to limit their application before the administrative judge.

Proceduralism and Automation

2020 ◽  
pp. 275-298 ◽  
Author(s):  
Carol Harlow ◽  
Richard Rawlings
Keyword(s):  
Artificial Intelligence ◽  
Public Administration ◽  
Judicial Review ◽  
Due Process ◽  
Case Law ◽  
Administrative Law ◽  
Paradigm Change ◽  
Technological Revolution ◽  
Administrative Procedure ◽  
The Impact

In this chapter, we argue that administrative procedure has become a central organising concept for administrative law. Our first theme is the steady proceduralisation of public administration experienced in recent years, in the framework of a relationship between courts and administration which we present as a two-way, non-hierarchical process. We look first at internal drivers to proceduralisation emanating from administration, notably the managerial reforms of the 1980s and the rise of regulation as a standard governance technique. We then turn to the contemporary case law of judicial review, focussing on the judicial response to, and stimulus for, administrative proceduralism. Our second theme is the idea of procedures as a repository for values and of values as an important, though often subliminal, driver of administrative procedure. We look at the potential for exchange as well as dissonance between public administration and administrative law. Our third theme concerns challenges to administrative law from the technological revolution currently under way. The impact of automation on public administration was at first rather modest; today, however, technology is taking great leaps forward—from computerisation to artificial intelligence and beyond. The innovations have so far been welcomed as beneficial—faster and more consistent administration, swifter and less costly courts and tribunals. It is time to recognise that we are facing a paradigm change, in which key values and procedures of administrative law, such as transparency, accountability, individuation, and due process, will need to be supported and sustained.

Standards of Judicial Review of Administrative Action (1890–1910) in the Austro-Hungarian Empire

2021 ◽  
pp. 41-72
Author(s):  
Angela Ferrari Zumbini
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Public Affairs ◽  
Main Theme ◽  
Administrative Procedure ◽  
Administrative Action ◽  
General Principles Of Law ◽  
Liberal Approach ◽  
The Right

This chapter argues that, if France has been the home of administrative courts, Austria has greatly contributed to the development of administrative law with regard to administrative procedure. Thanks to the Austrian Administrative Court, established in 1875, administrative law has been increasingly important in the regulation of public affairs. The chapter analyses the causes, development, and effects of these features. One main theme is, of course, the scope and purpose of judicial review of administrative action. In this respect, the chapter shows the growth of litigation and the liberal approach followed by the Court. Moreover, the role of the Court as lawmaker is examined in the light of the general principles of law that it developed. . Such principles included legality and procedural fairness, with particular regard to the right to a hearing and the duty to give reasons. Considered as a whole, they required public administrations to act reasonably rather than arbitrarily. Finally, it was judge-made law that constituted the basis for the codification of 1925.

Expanding Horizons

2020 ◽  
pp. 1052-1073
Author(s):  
Cheng-Yi Huang
Keyword(s):  
Artificial Intelligence ◽  
Cultural Differences ◽  
Judicial Review ◽  
Administrative Law ◽  
Potential Conflict ◽  
Administrative Procedure ◽  
Dynamic Development ◽  
Behavioural Insights ◽  
The Future ◽  
Legislative Delegation

This chapter focuses on four interconnected topics that can lead us to envision the dynamic development of comparative administrative law now and in the future. It first discusses behavioural insights into administrative procedure and judicial review, which may broaden perspectives on rationality review. Next, the chapter addresses the desk-level operations of bureaucratic administration and calls for greater attention to how cultural differences—especially in the shadow of colonialism—have perhaps transformed or reinvented administrative law doctrines infused with the characteristics of locality. The chapter then deals with the complexity of institutions through the eyes of comparative administrative law. Finally, the chapter shifts to a future-oriented discussion about potential conflict and collaboration between governmental use of artificial intelligence and such traditional administrative law doctrines as legislative delegation and judicial deference.

Administrative Procedure and Judicial Review in Spain

2021 ◽  
pp. 72-74
Author(s):  
Oriol Mir
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
The Other ◽  
Fully Integrated ◽  
Administrative Procedure ◽  
Administrative Action ◽  
Spanish Constitution ◽  
Administrative Jurisdiction ◽  
The Right ◽  
Judicial Protection

This chapter discusses administrative procedure and judicial review in Spain. The Spanish Constitution of 1978 (CE) devotes two central provisions to judicial review of administrative action. Article 106(1) CE, located in Part IV on government and administration, establishes that 'The Courts control the power to issue regulations and to ensure that the rule of law prevails in administrative action, as well as to ensure that the latter is subordinated to the ends which justify it'. On the other hand, Article 24(1) CE enshrines the fundamental right to effective judicial protection, which also includes protection against administrative action: 'Every person has the right to obtain the effective protection of the judges and the courts in the exercise of his or her legitimate rights and interests, and in no case may he go undefended'. Judicial review is usually performed by specific courts fully integrated into the judiciary, the so-called jurisdicción contencioso-administrativa (administrative jurisdiction), competent to review administrative action subject to Spanish administrative law.

Administrative Procedure and Judicial Review in the United Kingdom

2021 ◽  
pp. 82-86
Author(s):  
Sarah Nason
Keyword(s):  
United Kingdom ◽  
Judicial Review ◽  
Case Law ◽  
Administrative Law ◽  
High Court ◽  
Administrative Procedure ◽  
The United Kingdom ◽  
Uk Supreme Court ◽  
The Uk ◽  
To Receive

This chapter focuses on administrative procedure and judicial review in the United Kingdom. Initially, it should be stressed that administrative law is different across the UK due to devolution. The UK Supreme Court generally acts as a final court of harmonizing case-law principles. As the UK constitution is uncodified, the existence of constitutional provisions concerning judicial review remains somewhat controversial, but the necessity of judicial review is thought to be required by the rule of law. The scope of judicial review is generally governed by judicial precedent. Under section 84 of the Criminal Justice and Courts Act 2015, the High Court must refuse to grant a remedy 'if it appears to the court to be highly likely that the outcome for the applicant would not have been substantially different if the conduct complained of had not occurred'. In general, there is no right on judicial review to claim damages for losses caused by unlawful administrative actions. It is usually only possible to receive damages in judicial review claims if there is another established cause of action, separate to the ground for judicial review.

American Administrative Law—A Synoptic Survey

1979 ◽  
Vol 14 (4) ◽  
pp. 413-426
Author(s):  
Bernard Schwartz
Keyword(s):  
Judicial Review ◽  
Geographical Area ◽  
Administrative Law ◽  
Administrative Procedure ◽  
Administrative Action ◽  
Administrative Agencies ◽  
Delegation Of Powers

Like the ancient geographical area, American administrative law is also divided into three parts. In the American, as in the British conception, administrative law is concerned with powers and remedies and answers the following questions: (1) What powers may be vested in administrative agencies? (2) What are the limits of those powers? (3) What are the ways in which agencies are kept within those limits?In answering these questions American administrative law deals with the delegation of powers to administrative agencies; the manner in which those powers must be exercised (emphasizing almost exclusively the procedural requirements imposed on agencies); and judicial review of administrative action. These form the three basic divisions of American administrative law: (1) delegation of powers, (2) administrative procedure, and (3) judicial review. This article will seek to present a synoptic survey of these three subjects. Its aim is to present an overview of American administrative law to the Israeli jurist, enabling him to understand the essentials of a system that is, at the same time, so similar to and so different from his own.

scholarly journals Regards sur le droit administratif suisse

2005 ◽  
Vol 19 (3) ◽  
pp. 703-779
Author(s):  
Pierre Issalys
Keyword(s):  
Social Security ◽  
Judicial Review ◽  
General Scheme ◽  
Federal Court ◽  
Administrative Law ◽  
Federal Law ◽  
Special Position ◽  
Administrative Procedure ◽  
Administrative Action ◽  
The Law

Looking at Swiss administrative law from a Quebec perspective, this paper outlines some aspects of the Swiss system that provide useful models or references for the discussion and resolution of current issues in Canadian and Quebec administrative law. These issues are identified as (1) the proliferation of independent administrative agencies, and the means to control or at least systematize the growth of such structures ; (2) the desirability and feasibility of enacting general standards of procedure for administrative action ; (3) the simplification of remedies in the field of judicial review of administrative action ; (4) the desirability and feasibility of allocating judicial review powers to a specialized court, either within or outside the Superior Court ; and (5) the desirability and form of a procedure allowing for political intervention in the decision-making process of independent agencies. In the light of these issues, the paper describes the allocation of review functions between administrative and judicial bodies in Swiss federal law. The structure and activity of the Swiss Federal Court (Tribunal fédéral), and especially of the division of the Court that deals with most administrative law cases, are outlined in some more detail. A short historical sketch leads to a discussion of the corresponding features of the law in some of the cantons, and to consideration of the special position given to social security matters in the general scheme of administrative law. The paper then focusses on administrative action itself, commenting on the most significant provisions in the Federal Administrative Procedure Act (Loi fédérale sur la procédure administrative) of 1968. Special attention is paid to the process of review within the administration, up to the level of the federal cabinet (Conseil fédéral). Corresponding provisions in the law of some of the cantons are also briefly discussed. The description of the federal review process is then completed by an outline of the procedure for judicial review of administrative action by the Federal Court (Recours de droit administrative). Finally, notice is again taken of the special position of social security as regards administrative procedure. The paper draws attention, in its concluding part, to the most interesting insights provided by Swiss law into the current problems of Canadian and Quebec administrative law. The growth of administrative tribunals has been brought under control by structural arrangements, especially in the field of social security. The introduction of general standards of procedure has brought greater uniformity and clarity, has emphasized the unity of administrative process including the review phase before administrative or judicial authorities, and has strenghtened the rule of law over government action. The existence of a single procedure to invoke judicial review eases access to the court. While in many cases review by the court is excluded, these exclusions have to be specific, and leave full opportunity for review within the administration, with adequate safeguards provided by the Administrative Procedure Act. Specialization occurs within the Federal Court, and does not involve a rigid separation between judges applying administrative law and judges applying other branches of the law, as in France or Germany. Finally, ultimate political control over certain types of decisions is admitted as a part of life in Swiss federal law, but is at the same time subjected to a quasi-judicial procedure which makes it an acknowledged source of administrative justice.

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