Monitoring Developments in Administrative Law: The Role of the Australian Administrative Review Council

2014 ◽  
Keyword(s):  
Administrative Law ◽  
Administrative Review

A Middle Eastern Tradition

2020 ◽  
pp. 95-116
Author(s):  
Chibli Mallat
Keyword(s):  
Middle Eastern ◽  
Religious Tradition ◽  
Administrative Law ◽  
First Century ◽  
Religious Law ◽  
Distinct Character ◽  
Administrative Review ◽  
Role Of Religion ◽  
Constitutional Identity

This chapter describes the Middle Eastern tradition of administrative law. It probes three comparative routes and pays particular attention to the religious legacy. In a religiously-bent twenty-first century worldwide, the religious imprint provides a distinct character to Middle Eastern law, including administrative law. From a template marked by the historical dominance of Islam derives a perceptible division between the Middle East’s personal-religious law and Western-style territorial law. This unique trait of the region comes from the place of religion as a referential system, either in its juristic tradition (halakha in Israel, shariʻa in several countries), or when religion operates to provide the citizen with a constitutional identity. Considering this key role of religion and sect in the Middle East, the reconstruction in scholarship of a proto-religious tradition of Islamic administrative law is important. At the centre of the classical tradition of administrative review stands the eponymic court (or council) known as Diwan al-Mazalim. The three Middle Eastern countries discussed in modern administrative law are Egypt, Lebanon, and Saudi Arabia.

scholarly journals Administrative Functions of Implementation, Control of Administrative Decisions, and Protection of Rights

2021 ◽  
Vol 10 (1) ◽  
pp. 1-25
Author(s):  
Ricardo Perlingeiro
Keyword(s):  
Latin American ◽  
Case Law ◽  
Administrative Law ◽  
Administrative Functions ◽  
The One ◽  
Right To Good Administration ◽  
Regulatory Powers ◽  
Administrative Adjudication ◽  
Administrative Justice

Abstract This essay includes a comparative analysis of the traditions of administrative law in Latin American and their impact on the contemporary scene and trends in the general orientations of its administrative justice systems. This analysis is limited to Latin American countries of Iberian origin under the jurisdiction of the Inter-American Court of Human Rights (“I/A Court H.R”). The method followed by the author is to point out the roles attributable to the administrative authorities and to attempt to identify a distinction in Latin America between the “administrative function of implementation”, “control of the legality of administrative decisions” (unrelated to any adjudicative function) and the “protection of rights” (by means of an adjudicative function) while examining their historical genesis and possible future trends. From that perspective, the text discusses certain administrative powers, such as disciplinary or other regulatory powers, and their forms of concrete application; the prerogatives and instruments of the authorities and of their decision-making employees in the exercise of the functions of implementation; the control of administrative decisions by those authorities themselves and by external bodies; and judicial and extrajudicial protection of rights against administrative decisions. The author concludes that Latin American administrative law, despite the fact that its civil-law substantive roots have always coexisted with judicial review typical of common law, is currently tending, on the one hand, to approximate the U.S. model of administrative adjudication and, on the other, to adapt to I/A Court H.R case law with respect to the administrative function of implementation in harmony with the fundamental right to good administration which, combined with a critical re-examination of diffuse control of the legality of administrative rules in court, would safeguard the true role of adjudicating bodies (administrative authorities or courts) in their function of protecting individual rights for the sake of more fair and equitable administrative justice.

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.

6. The administrative justice system

2021 ◽  
pp. 160-196
Author(s):  
Martin Partington
Keyword(s):  
Justice System ◽  
Modern Society ◽  
Administrative Law ◽  
Institutional Framework ◽  
Members Of Parliament ◽  
System P ◽  
The Government ◽  
The Relationship ◽  
Administrative Justice

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.

6. The administrative justice system

2019 ◽  
pp. 156-190
Author(s):  
Martin Partington
Keyword(s):  
Justice System ◽  
Modern Society ◽  
Administrative Law ◽  
The State ◽  
Institutional Framework ◽  
Members Of Parliament ◽  
System P ◽  
The Relationship ◽  
Administrative Justice

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.

4. Public Law

2019 ◽  
pp. 94-127
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
Decision Making ◽  
Constitutional Law ◽  
Environmental Law ◽  
Administrative Law ◽  
Public Law ◽  
Decision Makers ◽  
Aarhus Convention ◽  
Constituent Elements ◽  
Public Decision

This chapter explains the important role that public law, particularly administrative law, plays in environmental law. This role comes about because much of environmental law requires vesting decision-making and regulatory power in the hands of public decision-makers at all levels of government. This chapter begins by providing an overview of the different constituent elements of public law: constitutional law, administrative law, the role of the EU and international law, as well the complexities of this area of law. The chapter then moves on to consider the way in which the different types of interests involved in environmental problems and the need for information and expertise provide challenges for public law. The chapter then provides an overview of four major features of public law that are particularly relevant to environmental lawyers: the Aarhus Convention, accountability mechanisms, judicial review, and human rights.

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