Constitutional Law Administrative Law And Human Rights A Critical Introduction Pdf
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- United Kingdom Legal Research Guide
- Constitutional and Administrative Law
- Public Law after the Human Rights Act
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United Kingdom Legal Research Guide
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making , adjudication , or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government as tribunals , boards or commissions that are part of a national regulatory scheme in such areas as police law , international trade , manufacturing , the environment , taxation , broadcasting , immigration and transport.
Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction.
Civil law countries often have specialized administrative courts that review these decisions. Unlike most common-law jurisdictions, the majority of civil law jurisdictions have specialized courts or sections to deal with administrative cases which, as a rule, will apply procedural rules specifically designed for such cases and distinct from those applied in private-law proceedings, such as contract or tort claims.
In Brazil , administrative cases are typically heard either by the Federal Courts in matters concerning the Federal Union or by the Public Treasury divisions of State Courts in matters concerning the States.
In , a constitutional reform, led by the government of President Fernando Henrique Cardoso , introduced regulatory agencies as a part of the executive branch.
Since , Brazilian administrative law has been strongly influenced by the judicial interpretations of the constitutional principles of public administration art. In Chile the President of the Republic exercises the administrative function, in collaboration with several Ministries or other authorities with ministerial rank.
Each Ministry has one or more under-secretary that performs through public services the actual satisfaction of public needs. There is not a single specialized court to deal with actions against the Administrative entities, but instead there are several specialized courts and procedures of review.
Administrative law in the People's Republic of China was virtually non-existent before the economic reform era initiated by Deng Xiaoping. Since the s, the People's Republic of China has constructed a new legal framework for administrative law, establishing control mechanisms for overseeing the bureaucracy and disciplinary committees for the Communist Party of China. However, many have argued that the usefulness of these laws is vastly inadequate in terms of controlling government actions, largely because of institutional and systemic obstacles like a weak judiciary, poorly trained judges and lawyers, and corruption.
The three regulations have been amended and upgraded into laws. Administrative Compulsory Law was enforced in Administrative Litigation Law was amended in The General Administrative Procedure Law is under way. Special administrative courts include the National Court of Asylum Right as well as military, medical and judicial disciplinary bodies.
The French body of administrative law is called " droit administratif ". These principes include:. French administrative law, which is the founder of Continental administrative law, has a strong influence on administrative laws in several other countries such as Belgium, Greece, Turkey and Tunisia.
In Germany administrative law is called " Verwaltungsrecht " , which generally rules the relationship between authorities and the citizens. It establishes citizens' rights and obligations against the authorities. It is a part of the public law, which deals with the organization, the tasks and the acting of the public administration.
It also contains rules, regulations, orders and decisions created by and related to administrative agencies, such as federal agencies, federal state authorities, urban administrations, but also admission offices and fiscal authorities etc.
Administrative law in Germany follows three basic principles. Administrative law in Germany can be divided into general administrative law and special administrative law. The general administration law is basically ruled in the administrative procedures law Verwaltungsverfahrensgesetz [VwVfG]. The Verwaltungsverfahrensgesetz VwVfG , which was enacted in ,  regulates the main administrative procedures of the federal government.
It serves the purpose to ensure a treatment in accordance with the rule of law by the public authority. Furthermore, it contains the regulations for mass processes and expands the legal protection against the authorities. The VwVfG basically applies for the entire public administrative activities of federal agencies as well as federal state authorities, in case of making federal law. It defines the administrative act, the most common form of action in which the public administration occurs against a citizen.
It is an official act  of an authority  in the field of public law  to resolve an individual case  with effect to the outside. Administration procedural law Verwaltungsgerichtsordnung [VwGO] , which was enacted in , rules the court procedures at the administrative court.
The VwGO is divided into five parts, which are the constitution of the courts,  action, remedies and retrial, costs and enforcement15 and final clauses and temporary arrangements. Therefore, it is necessary to have the existence of a conflict in public law  without any constitutional aspects  and no assignment to another jurisdiction. The social security code Sozialgesetzbuch [SGB] and the general fiscal law are less important for the administrative law. The special administrative law consists of various laws.
Each special sector has its own law. The most important ones are the. In Germany, the highest administrative court for most matters is the federal administrative court Bundesverwaltungsgericht.
There are federal courts with special jurisdiction in the fields of social security law Bundessozialgericht and tax law Bundesfinanzhof. In Italy administrative law is known as "' Diritto amministrativo ", a branch of public law whose rules govern the organization of the public administration and the activities of the pursuit of the public interest of the public administration and the relationship between this and the citizens. Its genesis is related to the principle of division of powers of the State.
The administrative power, originally called "executive", is to organize resources and people whose function is devolved to achieve the public interest objectives as defined by the law. In the Netherlands administrative law provisions are usually contained in the various laws about public services and regulations. There is however also a single General Administrative Law Act "Algemene wet bestuursrecht" or Awb , which is a rather good sample of procedural laws in Europe.
It applies both to the making of administrative decisions and the judicial review of these decisions in courts. Another act about judicial procedures in general is the Algemene termijnenwet General time provisions act , with general provisions about time schedules in procedures.
On the basis of the Awb, citizens can oppose a decision 'besluit' made by an administrative agency 'bestuursorgaan' within the administration and apply for judicial review in courts if unsuccessful. Before going to court, citizens must usually first object to the decision with the administrative body who made it. This is called "bezwaar". This procedure allows for the administrative body to correct possible mistakes themselves and is used to filter cases before going to court.
Sometimes, instead of bezwaar, a different system is used called "administratief beroep" administrative appeal. The difference with bezwaar is that administratief beroep is filed with a different administrative body, usually a higher ranking one, than the administrative body that made the primary decision.
Administratief beroep is available only if the law on which the primary decision is based specifically provides for it. An example involves objecting to a traffic ticket with the district attorney "officier van justitie" , after which the decision can be appealed in court.
Unlike France or Germany, there are no special administrative courts of first instance in the Netherlands, but regular courts have an administrative "chamber" which specializes in administrative appeals.
The courts of appeal in administrative cases however are specialized depending on the case, but most administrative appeals end up in the judicial section of the Council of State Raad van State. In Sweden , there is a system of administrative courts that considers only administrative law cases, and is completely separate from the system of general courts. Migration cases are handled in a two-tier system, effectively within the system general administrative courts. This council has made interpretations to date.
In Turkey , the lawsuits against the acts and actions of the national or local governments and public bodies are handled by administrative courts which are the main administrative courts. The decisions of the administrative courts are checked by the Regional Administrative Courts and Council of State. Administrative law in the Ukraine is a homogeneous legal substance isolated in a system of jurisprudence characterized as: 1 a branch of law; 2 a science; 3 a discipline.
Generally speaking, most countries that follow the principles of common law have developed procedures for judicial review that limit the reviewability of decisions made by administrative law bodies. Often these procedures are coupled with legislation or other common law doctrines that establish standards for proper rulemaking.
Administrative law may also apply to review of decisions of so-called semi-public bodies, such as non-profit corporations , disciplinary boards, and other decision-making bodies that affect the legal rights of members of a particular group or entity.
While administrative decision-making bodies are often controlled by larger governmental units, their decisions could be reviewed by a court of general jurisdiction under some principle of judicial review based upon due process United States or fundamental justice Canada. Judicial review of administrative decisions is different from an administrative appeal.
When sitting in review of a decision, the Court will only look at the method in which the decision was arrived at, whereas in an administrative appeal the correctness of the decision itself will be examined, usually by a higher body in the agency. The scope of judicial review may be limited to certain questions of fairness , or whether the administrative action is ultra vires.
In terms of ultra vires actions in the broad sense, a reviewing court may set aside an administrative decision if it is unreasonable under Canadian law, following the rejection of the "Patently Unreasonable" standard by the Supreme Court in Dunsmuir v New Brunswick , Wednesbury unreasonable under British law , or arbitrary and capricious under U. Administrative law, as laid down by the Supreme Court of India , has also recognized two more grounds of judicial review which were recognized but not applied by English Courts, namely legitimate expectation and proportionality.
The powers to review administrative decisions are usually established by statute, but were originally developed from the royal prerogative writs of English law , such as the writ of mandamus and the writ of certiorari. In certain common law jurisdictions, such as India or Pakistan , the power to pass such writs is a Constitutionally guaranteed power. This power is seen as fundamental to the power of judicial review and an aspect of the independent judiciary.
In the United States, many government agencies are organized under the executive branch of government, although a few are part of the judicial or legislative branches. In the federal government , the executive branch, led by the president , controls the federal executive departments , which are led by secretaries who are members of the United States Cabinet.
The many independent agencies of the United States government created by statutes enacted by Congress exist outside of the federal executive departments but are still part of the executive branch. Congress has also created some special judicial bodies known as Article I tribunals to handle some areas of administrative law. The actions of executive agencies and independent agencies are the main focus of American administrative law.
In response to the rapid creation of new independent agencies in the early twentieth century see discussion below , Congress enacted the Administrative Procedure Act APA in Many of the independent agencies operate as miniature versions [ citation needed ] of the tripartite federal government, with the authority to "legislate" through rulemaking ; see Federal Register and Code of Federal Regulations , "adjudicate" through administrative hearings , and to "execute" administrative goals through agency enforcement personnel.
Because the United States Constitution sets no limits on this tripartite authority of administrative agencies , Congress enacted the APA to establish fair administrative law procedures to comply with the constitutional requirements of due process. Agency procedures are drawn from four sources of authority: the APA, organic statutes, agency rules, and informal agency practice.
It is important to note, though, that agencies can only act within their congressionally delegated authority,  and must comply with the requirements of the APA. A model act is needed because state administrative law in the states is not uniform, and there are a variety of approaches used in the various states. Later it was modified in and The reason of the revision is that, in the past two decades state legislatures, dissatisfied with agency rule-making and adjudication, have enacted statutes that modify administrative adjudication and rule-making procedure.
The American Bar Association 's official journal concerning administrative law is the Administrative Law Review , a quarterly publication that is managed and edited by students at the Washington College of Law. Stephen Breyer , a U. The agricultural sector is one of the most heavily regulated sectors in the U. Consequently, administrative law is a significant component of the discipline of agricultural law. The United States Department of Agriculture and its myriad agencies such as the Agricultural Marketing Service are the primary sources of regulatory activity, although other administrative bodies such as the Environmental Protection Agency play a significant regulatory role as well.
Constitutional and Administrative Law
Constitutional Law, Administrative Law, and Human Rights provides an in-depth cross disciplinary introduction to the subject of public law, covering the core elements of a constitutional and administrative law syllabus. In addition, it explores the latest ongoing debates around potential constitutional reforms. The book draws heavily on historical sources and on ideas from political science and political theory aswell as legal and social history. Keywords: constitutional law , administrative law , political science , political theory , Constitutional Reform Act , coalition government , Alternative vote , House of Lords , brexit. Access to the complete content on Law Trove requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription. Please subscribe or login to access full text content.
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making , adjudication , or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government as tribunals , boards or commissions that are part of a national regulatory scheme in such areas as police law , international trade , manufacturing , the environment , taxation , broadcasting , immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions.
Public Law after the Human Rights Act
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This book is also available in other formats: View formats. Please note that ebooks are subject to tax and the final price may vary depending on your country of residence. This new edition provides a critical introduction to the concepts, principles and rules of international law through a consideration of contemporary international events.
About this book
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state , namely, the executive , the parliament or legislature , and the judiciary ; as well as the basic rights of citizens and, in federal countries such as the United States and Canada , the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions , though all such states have a jus commune , or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law , conventions , statutory law , judge-made law , or international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause.
Qty : 14 days. This book is also available in other formats: View formats. It is remarkable that 10 years after the Human Rights Act came into effect, and with further reform possible, there are still no clear answers to basic questions about the relationship between the Human Rights Act, human rights principles and the common law. Such basic questions include: what is the Human Rights Act? What is the relationship between human rights principles and common law doctrines in public law?
The United Kingdom has never had a written constitution embodied in a single document. Since then, the constitution has evolved organically over time in response to political, economic, and social changes. Constitutional law in the UK has undergone significant changes during the past 20 years. The Scottish independence referendum , held in September of , and the Brexit referendum , held in June of , have strengthened the case for further constitutional reform, with many observers arguing that only a more decentralized, if not a fully federal, system of government can preserve the UK as a unified political entity. Consult the following secondary sources for information about recent developments in UK constitutional law. Then select Subject as the search field and search for one of the following subject headings as an exact phrase:. For greater precision, search for one of the subject headings listed above in the first line, and use the remaining lines to search for additional words or exact phrases using the default Any Field setting.
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