The Oxford Handbook of Administrative Justice最新文献

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Administrative Justice and Globalization 行政司法与全球化
The Oxford Handbook of Administrative Justice Pub Date : 2021-12-08 DOI: 10.1093/oxfordhb/9780190903084.013.31
Giacinto della Cananea
{"title":"Administrative Justice and Globalization","authors":"Giacinto della Cananea","doi":"10.1093/oxfordhb/9780190903084.013.31","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190903084.013.31","url":null,"abstract":"This chapter, a discussion of administrative justice beyond the borders of the states, has three related objectives. The first is to point out the growth of this dimension of administrative justice, either within regional organizations or within global regulatory regimes. The second is to examine the challenges facing the new institutions and the commonalities and differences between their foundations, particularly with regard to the general principles of law aiming at promoting sound governance, such as due process, impartiality, and proportionality. The third objective is to examine the role of law. Judicial review and judicial doctrines are part of the story, but are not the whole story. It will be seen that law, both hard and soft, plays several roles in this area and variably impinges on the interest at stake.","PeriodicalId":164528,"journal":{"name":"The Oxford Handbook of Administrative Justice","volume":"154 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116735849","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Directions for Future Research on Administrative Justice 未来行政司法研究方向
The Oxford Handbook of Administrative Justice Pub Date : 2021-11-10 DOI: 10.1093/oxfordhb/9780190903084.013.33
M. Sunkin, Lee Marsons
{"title":"Directions for Future Research on Administrative Justice","authors":"M. Sunkin, Lee Marsons","doi":"10.1093/oxfordhb/9780190903084.013.33","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190903084.013.33","url":null,"abstract":"Administrative justice is central to peoples’ relationship with government. As the current volume illustrates, this field is attracting diverse work using a range of methods across jurisdictions. After considering the breadth of research, from basic or discovery research to applied research, the article focuses on the UK context, where the administrative justice landscape is marked by complexity and fragmentation, to consider key research challenges. While stressing the value of diversity, the article argues for the need to adopt a more proactive and coordinated approach to research that enables greater collaboration and dialogue between independent researchers and government, policymakers, the professions, other users of research, and funders. As well as building research into system design and evaluation, such an approach will help overcome practical obstacles facing researchers and enable priority research needs to be identified and met without being dominated by government’s policy agenda. The article argues that these priority needs include work on: improving the availability of information on how administrative justice systems operate; the use of new technologies including AI; and on how people engage (or fail to engage) with, and are affected by, administrative justice. The article concludes by suggesting questions drawn from the UK experience that may be of relevance across other jurisdictions.","PeriodicalId":164528,"journal":{"name":"The Oxford Handbook of Administrative Justice","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122951940","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
The Individual and Administrative Justice 个人与行政司法
The Oxford Handbook of Administrative Justice Pub Date : 2021-11-10 DOI: 10.1093/oxfordhb/9780190903084.013.13
N. Creutzfeldt
{"title":"The Individual and Administrative Justice","authors":"N. Creutzfeldt","doi":"10.1093/oxfordhb/9780190903084.013.13","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190903084.013.13","url":null,"abstract":"This chapter discusses what individual justice means in the realm of administrative justice. The standards of justice and fairness that apply in administrative decision-making need consideration from the perspective of the service user. Should the administrative justice system serve the citizen or the state? What role do individual service users have in the design, use, and evaluation of more bureaucratic systems of redress? Different notions of justice, as they relate to primary decision-making processes, have been described through various models. This chapter provides a set of tools with which to study the subject and argues for the importance of user voice and perceptions of fairness in the provision of a more citizen-focussed justice.","PeriodicalId":164528,"journal":{"name":"The Oxford Handbook of Administrative Justice","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124789630","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Rule of Law and Administrative Justice 法治与行政司法
The Oxford Handbook of Administrative Justice Pub Date : 2021-09-08 DOI: 10.1093/oxfordhb/9780190903084.013.16
Yseult Marique
{"title":"Rule of Law and Administrative Justice","authors":"Yseult Marique","doi":"10.1093/oxfordhb/9780190903084.013.16","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190903084.013.16","url":null,"abstract":"Administrative justice and the rule of law have often been in tension. However, they have converged over time as the scope of administrative justice and the conceptions of the rule of law have shifted. This chapter starts with the historical connections between administrative justice and the rule of law. It then maps ways in which the rule of law is expressed when administrative justice is embedded within administrative organization and when it is organized as a system external to the administration. This approach highlights the diversity of technical solutions to recurring questions across three major administrative systems (namely England, France, and the United States). This analysis also leads to highlighting two new challenges for the rule of law: first, how the rule of law responds to various forms of increasing administrative repression, and second, how the rule of law responds to globalization at a time when no coherent global administrative justice system exists.","PeriodicalId":164528,"journal":{"name":"The Oxford Handbook of Administrative Justice","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125066338","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
The Future of Administrative Justice 行政司法的未来
The Oxford Handbook of Administrative Justice Pub Date : 2021-09-08 DOI: 10.1093/oxfordhb/9780190903084.013.32
M. Adler
{"title":"The Future of Administrative Justice","authors":"M. Adler","doi":"10.1093/oxfordhb/9780190903084.013.32","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190903084.013.32","url":null,"abstract":"This chapter considers the future of administrative justice. Using the United Kingdom as a case study, it argues that the rise and fall of administrative justice can be likened to the swing of a pendulum. It considers first-instance decision-making, the role of outsourcing, the expanding role of administrative review and its implications for administrative justice, the decline of tribunals and the rise of ombudsmen, the effectiveness of oversight arrangements, and the impact of digitalisation. It concludes that the future of administrative justice in the United Kingdom is unlikely to involve a replay of anything that has been encountered in the past.","PeriodicalId":164528,"journal":{"name":"The Oxford Handbook of Administrative Justice","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116964972","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Government Watchdog Agencies and Administrative Justice 政府监察机构与行政司法
The Oxford Handbook of Administrative Justice Pub Date : 2021-09-08 DOI: 10.1093/oxfordhb/9780190903084.013.8
A. Stuhmcke
{"title":"Government Watchdog Agencies and Administrative Justice","authors":"A. Stuhmcke","doi":"10.1093/oxfordhb/9780190903084.013.8","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190903084.013.8","url":null,"abstract":"Watchdog agencies render government accountable to the citizen and play an important role in raising standards of public administration. Yet, in what is a global phenomenon, watchdog agencies struggle to keep pace with the realities of modern government. Often lacking formal constitutional or legislative protections, watchdog agencies are susceptible to use for political purposes. This article suggests that the normative framing of ‘integrity’ may guard against this structural vulnerability. Australia is discussed as a case study of a jurisdiction where integrity may facilitate the service of watchdog agencies to administrative justice rather than to the underlying administration of the state.","PeriodicalId":164528,"journal":{"name":"The Oxford Handbook of Administrative Justice","volume":"327 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134418090","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Collective Decision-Making and Administrative Justice 集体决策与行政司法
The Oxford Handbook of Administrative Justice Pub Date : 2021-09-08 DOI: 10.1093/oxfordhb/9780190903084.013.29
Michael D. Sant'Ambrogio, Adam S. Zimmerman
{"title":"Collective Decision-Making and Administrative Justice","authors":"Michael D. Sant'Ambrogio, Adam S. Zimmerman","doi":"10.1093/oxfordhb/9780190903084.013.29","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190903084.013.29","url":null,"abstract":"This chapter considers how administrative agencies in different countries use aggregate procedures to hear common claims brought by large groups of people. In many countries, administrative agencies promise each individual a ‘day in court’ to appear before a neutral decision-maker and receive a reasoned decision based on the factual record they develop. A handful of US and other countries’ administrative hearing programmes, however, have quietly bucked this trend—using class actions, statistical sampling, agency restitution, public inquiries, ‘test case’ proceedings, and other forms of mass adjudication to resolve disputes involving large groups of people. This chapter examines how administrative agencies can more effectively resolve common disputes with aggregate procedures. Aggregate procedures offer administrative agencies several benefits, including: 1) efficiently creating ways to pool information about recurring problems and enjoin systemic harms; 2) achieving greater equality in outcomes than individual adjudication; and 3) securing legal and expert assistance at critical stages in the process. By charting how administrative systems in different countries aggregate cases, we hope to show that collective hearing procedures can form an integral part of the adjudicatory process, while serving several different models of administrative justice.","PeriodicalId":164528,"journal":{"name":"The Oxford Handbook of Administrative Justice","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123356121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Administrative Adjudication 行政裁决
The Oxford Handbook of Administrative Justice Pub Date : 2021-06-09 DOI: 10.1093/oxfordhb/9780190903084.013.5
Jeffrey S. Lubbers
{"title":"Administrative Adjudication","authors":"Jeffrey S. Lubbers","doi":"10.1093/oxfordhb/9780190903084.013.5","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190903084.013.5","url":null,"abstract":"The US system of administrative adjudication in which our federal agencies decide disputes with private parties themselves with administrative hearings, with an internal appeal, followed by judicial review based on the administrative record in the federal courts is familiar to American lawyers. But that is not the system that is followed by most countries around the world—where agency decisions are typically made in a very informal manner, with any requested hearings taking place in administrative courts or tribunals and sometimes with further review in the ‘regular’ courts. This dichotomy between the US system of internal administrative adjudication and external administrative adjudication around the world reveals that the United States is the outlier. This chapter describes this dichotomy in more detail and examines its implication in terms of administrative justice and other qualitative measures of the different models.","PeriodicalId":164528,"journal":{"name":"The Oxford Handbook of Administrative Justice","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122348993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Social Justice and Administrative Justice 社会公正与行政公正
The Oxford Handbook of Administrative Justice Pub Date : 2021-06-09 DOI: 10.1093/oxfordhb/9780190903084.013.14
J. Gulland
{"title":"Social Justice and Administrative Justice","authors":"J. Gulland","doi":"10.1093/oxfordhb/9780190903084.013.14","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190903084.013.14","url":null,"abstract":"Social justice is a popular concept, used by academic theorists, international bodies such as the United Nations, politicians on both the left and the right and by community activists. This chapter considers how the term ‘social justice’ may or may not be useful in the context of ‘administrative justice’ by looking at the relationship between administrative justice and structural inequalities. Administrative justice scholars usually focus on procedures. By contrast, social justice scholars are more concerned with substantive outcomes. They draw attention to the major rifts in society which lead to huge inequalities of outcome in terms of material wealth, health, education and life expectancy. Administrative justice, with its emphasis on rule following and fair procedures, can often seem divorced from these inequalities. This is where the concept of social justice can help administrative justice scholars. Administrative justice scholars, often dismiss outcomes as being beyond the reach of law, as being about politics. The emphasis on the ‘social’ in social justice compels us to look at this broader context and to show us how the great schisms in society create and enforce inequality.","PeriodicalId":164528,"journal":{"name":"The Oxford Handbook of Administrative Justice","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125493201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Delivering Administrative Justice 实现行政公正
The Oxford Handbook of Administrative Justice Pub Date : 2021-06-09 DOI: 10.1093/oxfordhb/9780190903084.013.34
C. Hodges
{"title":"Delivering Administrative Justice","authors":"C. Hodges","doi":"10.1093/oxfordhb/9780190903084.013.34","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190903084.013.34","url":null,"abstract":"This chapter examines administrative justice as a system, asking if justice is delivered (rather than ‘accessed’). The background issues are: What do people seek, and what is the incidence of problems? It notes the relevance of the Regulatory Delivery Model that is being applied to regulatory authorities. It then poses three criteria for evaluation of the system: (1) How do people identify and access information, advice, support, and assistance in solving their problems? (2) How do we ensure that dispute-resolution pathways are simple, effective, and cost-effective and deliver justice to people and organizations? (3) How do we identify systemic problems, and address them so as to reduce risk of future recurrence? The data available for answering those questions in relation to administrative justice in England and Wales do not support comfortable answers as to the functioning of current systems in various respects. Suggestions for future reform and research therefore arise.","PeriodicalId":164528,"journal":{"name":"The Oxford Handbook of Administrative Justice","volume":"107 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127666367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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