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Access to Charter Justice  

Carissima Mathen

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter discusses how Canadian constitutional issues come before the courts. Its primary focus is on litigation arising under the Charter of Rights and Freedoms. Since the entrenchment ... More

Accountability  

Athanasios Psygkas

Print publication date:
Dec 2020
Online publication date:
Dec 2020
Key debates in administrative law often play out within the contours of ‘accountability’. This chapter suggests that the concept of accountability is normatively and analytically useful in ... More

Administrative Adjudication: The United States is the Outlier  

Jeffrey S. Lubbers

Online publication date:
Jun 2021
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 ... More

The Administrative and Regulatory State  

T. V. Somanathan

Print publication date:
Mar 2016
Online publication date:
Feb 2017
This chapter explores how India’s constitutional law has addressed the administrative and regulatory State as it has evolved outside the traditional branches of government, and how judicial ... More

Administrative Decision-Making on the Frontline  

Richard Martin

Online publication date:
Jun 2021
This chapter explores decision-making at the frontline of public administration. It begins by asking what might be meant by ‘the frontline’, who frontline decision-makers are, and why they ... More

Administrative Justice  

Simon Halliday and Colin Scott

Print publication date:
Nov 2010
Online publication date:
Sep 2012
Administrative justice receives varying emphasis in different jurisdictions. This article explores empirical legal studies, which fall on either side of the decision making-and-review ... More

Administrative Justice and Codification  

Cora Hoexter

Online publication date:
Jun 2021
The debate about codification in general has been going on for centuries. This chapter focuses on a more recent debate in the context of administrative justice. With reference to ... More

Administrative Justice and Cultures of Rule Application  

Robert A. Kagan

Online publication date:
Jun 2021
Most modern administrative agencies employ a body of authoritative rules, designed to guide and constrain officials and to promote administrative justice. Decades ago, however, American ... More

Administrative Justice and Empirical Legal Research: Debunking the Ordinary Religion of Legal Instrumentalism  

Marc Hertogh

Online publication date:
Jun 2021
For many years, most studies on administrative justice were written from a doctrinal legal perspective. More recently, however, administrative justice has also become the subject of a ... More

Administrative Justice in a Digital World: Challenges and Solutions  

Paul Henman

Online publication date:
Jun 2021
Using digital tools in administrative decision-making—from automation of relatively simple decisions to artificial intelligence judgements—both enhances and challenges the operation of ... More

Administrative Justice in Authoritarian States  

Eric C. Ip

Online publication date:
Jun 2021
This chapter studies the institutions of administrative justice—administrative procedure, judicial review of administrative action, and administrative redress—in contemporary non-liberal ... More

Administrative Justice in Street-Level Decision-Making: Equal Treatment and Responsiveness  

Nadine Raaphorst

Online publication date:
Jun 2021
Street-level bureaucrats’ discretionary powers play an increasingly important role in public service provision and law enforcement. In order to deal with societal challenges, legislators ... More

Administrative Justice in the Private Sector  

Avishai Benish and Jerome Pélisse

Online publication date:
Jun 2021
This chapter explores the still largely uncharted territory of administrative justice in the private sector. The chapter presents a theoretical and empirical account of the extension of ... More

Administrative Law and Democracy  

Susan Rose-Ackerman

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter focuses on important debates at the intersection of regulatory law, constitutional structure, technical competence, and public participation. It concentrates on the ... More

Administrative Law Beyond the State: The Influence of International and Supranational Organizations  

Giacinto della Cananea

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter focuses on the changing relationship between administrative law and the nation-state. The starting point is, simply, that the nation-state now operates in an increasingly ... More

Administrative Law Values and National Security Functions: Military Detention in the United States and the United Kingdom  

Laura A. Dickinson

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter focuses on the case of extraterritorial military detention by the US and the UK—two countries that quickly deployed and then repeatedly refined their detention policies during ... More

Administrative Power  

Sarah Biddulph

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter compares the respective roles of administrative institutions and administrative power on the one hand, and other governmental institutions and powers on the other, in dealing ... More

Administrative Procedure  

Javier Barnes

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter concerns administrative procedure—the rules governing the process of decision-making. ‘Administrative procedure’ ultimately refers to a how governmental organizations actually ... More

The Administrative State: Law, Democracy, and Knowledge  

Adrian Vermeule

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines the administrative state in relation to modern constitutional theory. To explain the administrative state, it draws on three frameworks that are grounded in ... More

Affirmative Action  

Daniel Sabbagh

Print publication date:
May 2012
Online publication date:
Nov 2012
This article begins with a discussion of the constitutionalization of affirmative action and its side effects. It examines the legal underpinnings of affirmative action in two relatively ... More

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