Administrative Law: Hearing on Questions of Law as a Requirement for Due Process

1950 ◽  
Vol 48 (8) ◽  
pp. 1186
Author(s):  
Willis B. Snell
Keyword(s):  
Due Process ◽  
Administrative Law

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.

Concept of Global Administrative Law

2011 ◽  
Vol 67 (4) ◽  
pp. 355-372
Author(s):  
Rajeshwar Tripathi
Keyword(s):  
Global Governance ◽  
Due Process ◽  
National Level ◽  
Administrative Law ◽  
Political Life ◽  
Regulatory Regime ◽  
International Treaties ◽  
Administrative Functions ◽  
Labour Standards ◽  
Regulatory Decisions

Globalisation, which has integrated the whole world into a unit by a vast range of regulatory regime, has led to the emergence of a global state through international institutions. These institutions regulate the social, economic and political life of states. Therefore it has led to the emergence of the concept of Global Governance. This concept of Global Governance has led to development of the concept of Global Administrative Law (GAL). This GAL concept is based on the idea of understanding global governance as administration, which can be organised and shaped by principles of an administrative law character. In this way GAL is related to trans-governmental regulation and administration designed to address the consequences of globalised interdependence in such fields as security, trade conditions on development and financial assistance, banking and financial regulations, Intellectual Property Rights, Labour standards and cross-border movements of populations, including refugees. Isolated national regulations cannot govern these different areas and administrative measures and therefore various transnational systems of regulation or regulatory co-operation have been established through international treaties and organisations. To implement these regulations, transnational administrative bodies—including international organisations and informal groups of officials that perform administrative functions, are established. However these institutions are not directly subject to control by national governments or domestic legal systems or, in the case of treaty-based regimes, the states party to the treaty. However their regulatory decisions may be implemented directly against private parties by the global regime or more commonly through implementing measures at the national level. This situation has led to the question of accountability, fairness and transparency and due process in the functioning of these bodies. GAL is developed in response to this question, which attempts to extend the application of domestic administrative law to intergovernmental regulatory decisions that affect a nation.

Administrative Law. Procedural Due Process. Place of Hearing

1941 ◽  
Vol 41 (6) ◽  
pp. 1097
Keyword(s):  
Due Process ◽  
Administrative Law ◽  
Procedural Due Process
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