Administrative Redress Inside And Outside The Court
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Author | : Great Britain: Law Commission |
Publisher | : Editions de l'Atelier |
Total Pages | : 80 |
Release | : 2010-05-26 |
Genre | : Business & Economics |
ISBN | : 9780102966244 |
In this report the Law Commission sets out conclusions from its review of administrative redress in public and private law following consultation (Law Commission consultation paper 187, 2008, ISBN 9780118404532). The aim of the Commission's review was to consider when and how individuals should be able to obtain redress against public bodies that have acted in a substandard way. The report discusses individuals' access to remedies through the courts, as well as through avenues outside the court system, such as the public sector ombudsmen. In examining court-based remedies, the Commission concludes that there are good arguments for reform but, given the level of opposition to its earlier proposals and the absence of available data on the costs of compensation paid by public bodies, work will not be taken forward on reviewing this area of the law. The report does, however, recommend that government should establish a process for collecting and publishing information on the cost of public compensation. The Commission is taking forward its review of the public sector ombudsmen, following a favourable response to its proposals. The scope of the review will be extended and include suggestions for improving citizens' access to the public sector ombudsmen, and increasing the powers of ombudsmen to refer points of law to the courts. The Commission will consult on its proposals for reform of public sector ombudsmen later in 2010 and expects to make final recommendations to government the following year.
Author | : Matthew Groves |
Publisher | : |
Total Pages | : |
Release | : 2019-04-30 |
Genre | : |
ISBN | : 9781760022020 |
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Marc Hertogh |
Publisher | : Oxford University Press |
Total Pages | : 745 |
Release | : 2022 |
Genre | : Law |
ISBN | : 0190903082 |
"The core animating feature of administrative justice scholarship is the desire to understand how justice is achieved through the delivery of public services and the actions, inactions, and decision-making of administrative bodies. The study of administrative justice also encompasses the redress systems by which people can challenge administrative bodies to seek the correction of injustices. For a long time now, scholars have been interested in administrative justice, but without necessarily framing their work as such. Rather than existing under the rubric of administrative justice, much of the research undertaken has existed within sub-categories of disciplines, such as law, sociology, public policy, politics, and public administration. Consequently, although aspects of the topic have attracted rich contributions across such disciplines, administrative justice has rarely been studied or taught in a manner that integrates these areas of research more systematically. This Handbook signals a major change of approach. Drawing together a group of world-leading scholars of administrative justice from a range of disciplines, The Oxford Handbook of Administrative Justice shows how administrative justice is a vibrant, complex, and contested field that is best understood as an area of inquiry in its own right, rather than through traditional disciplinary silos"--
Author | : Debra Mortimer |
Publisher | : |
Total Pages | : 183 |
Release | : 2015 |
Genre | : Administrative law |
ISBN | : 9781760020279 |
The Federal Court of Australia exercises principal trial and intermediate appellate jurisdiction in relation to federal administrative law in Australia, a jurisdiction which is central to the Court's existence and function. Therefore, it was fitting for the Court, together with the Law Council of Australia, to host a conference designed to provoke thought and discussion about contemporary issues in Australian federal administrative law, held in conjunction with the Court's August 2014 judges' conference. The conference brought together some of the best judicial, professional and academic thinkers in administrative law. It was opened with a sparkling and informed comparative presentation by Justice Dennis Davis from the Western Cape High Court of South Africa. Through comprehensive panel reports on each session, this publication gives the reader the flavour of the entire conference, including the lively debates. Nine individual papers are also reproduced, covering the most important current issues in federal administrative law and bringing a variety of perspectives to those issues.
Author | : Michael Adler |
Publisher | : Bloomsbury Publishing |
Total Pages | : 819 |
Release | : 2010-04-30 |
Genre | : Law |
ISBN | : 1847317537 |
This book comprises a definitive collection of papers on administrative justice, written by a set of very distinguished contributors. It is divided into five parts, each of which contains articles on a particular aspect of administrative justice. The first part deals with the impact of 'contextual changes' on administrative justice and considers the implications of changes in governance and public administration, management and service delivery, information technology, audit and accounting, and human rights for administrative justice. The second part deals with conceptual issues and describes a number of competing approaches to the administrative justice. The third part deals with the application of administrative justice principles to private law disputes while the fourth part deals with the distinctive characteristics of administrative justice in three other jurisdictions. The final part deals with current developments in administrative justice and the book concludes with a discussion of legislative and policy developments in the UK. The general approach of the book is socio-legal and interdisciplinary. The chapters adopt a variety of disciplinary perspectives, including those derived from political science, public policy, social policy, accounting and information technology as well as from law. Although most of the contributors are academics, some are practitioners. For these reasons, the book should be of interest to lawyers, particularly those with interests in administrative law, and to social scientists, particularly those with interests in public administration, public policy and public management.
Author | : Pablo Cortés |
Publisher | : Cambridge University Press |
Total Pages | : 329 |
Release | : 2017-10-05 |
Genre | : Business & Economics |
ISBN | : 1107079004 |
This book analyses the most recent processes, laws and best practices for consumer dispute resolution and the law related to consumer redress.
Author | : Stephanie D. Hinnershitz |
Publisher | : University of Pennsylvania Press |
Total Pages | : 321 |
Release | : 2021-10-01 |
Genre | : History |
ISBN | : 0812299957 |
Between 1942 and 1945, the U.S. government wrongfully imprisoned thousands of Japanese American citizens and profited from their labor. Japanese American Incarceration recasts the forced removal and incarceration of approximately 120,000 Japanese Americans during World War II as a history of prison labor and exploitation. Following Franklin Roosevelt's 1942 Executive Order 9066, which called for the exclusion of potentially dangerous groups from military zones along the West Coast, the federal government placed Japanese Americans in makeshift prisons throughout the country. In addition to working on day-to-day operations of the camps, Japanese Americans were coerced into harvesting crops, digging irrigation ditches, paving roads, and building barracks for little to no compensation and often at the behest of privately run businesses—all in the name of national security. How did the U.S. government use incarceration to address labor demands during World War II, and how did imprisoned Japanese Americans respond to the stripping of not only their civil rights, but their labor rights as well? Using a variety of archives and collected oral histories, Japanese American Incarceration uncovers the startling answers to these questions. Stephanie Hinnershitz's timely study connects the government's exploitation of imprisoned Japanese Americans to the history of prison labor in the United States.
Author | : American Bar Association |
Publisher | : American Bar Association |
Total Pages | : 212 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318393 |
Author | : A. Naomi Paik |
Publisher | : UNC Press Books |
Total Pages | : 332 |
Release | : 2016-01-08 |
Genre | : History |
ISBN | : 1469626322 |
In this bold book, A. Naomi Paik grapples with the history of U.S. prison camps that have confined people outside the boundaries of legal and civil rights. Removed from the social and political communities that would guarantee fundamental legal protections, these detainees are effectively rightless, stripped of the right even to have rights. Rightless people thus expose an essential paradox: while the United States purports to champion inalienable rights at home and internationally, it has built its global power in part by creating a regime of imprisonment that places certain populations perceived as threats beyond rights. The United States' status as the guardian of rights coincides with, indeed depends on, its creation of rightlessness. Yet rightless people are not silent. Drawing from an expansive testimonial archive of legal proceedings, truth commission records, poetry, and experimental video, Paik shows how rightless people use their imprisonment to protest U.S. state violence. She examines demands for redress by Japanese Americans interned during World War II, testimonies of HIV-positive Haitian refugees detained at Guantanamo in the early 1990s, and appeals by Guantanamo's enemy combatants from the War on Terror. In doing so, she reveals a powerful ongoing contest over the nature and meaning of the law, over civil liberties and global human rights, and over the power of the state in people's lives.