Free Delivery Over $100
|
|
|||
|
||||
OverviewThis book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law. Full Product DetailsAuthor: Sofia Ranchordás , Boudewijn de WaardPublisher: Taylor & Francis Ltd Imprint: Routledge Dimensions: Width: 15.60cm , Height: 1.40cm , Length: 23.40cm Weight: 0.453kg ISBN: 9781138812994ISBN 10: 1138812994 Pages: 208 Publication Date: 07 July 2015 Audience: College/higher education , Tertiary & Higher Education , Undergraduate Format: Hardback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of Contents1. Proportionality Crossing Borders, Sofia Ranchordás and Boudewijn de Waard 2. The Principle of Proportionality in German Administrative Law, Nikolaus Marsch and Vanessa Tünsmeyer 3. Proportionality in French Administrative Law, Yoan Sanchez 4. Proportionality in English Law, A.C.L. Davies and J.R. Williams 5. Proportionality in Dutch Administrative Law, Boudewijn de Waard 6. The Principle of Proportionality in European Law, Catherine Haguenau-Moizard, Yoan Sanchez 7. Agency Discretion, Judicial Review and ‘Proportionality’ in U.S. Administrative Law, Jud Mathews 8. Concluding remarks, Sofia Ranchordás and Boudewijn de WaardReviewsAuthor InformationSofia Ranchordás is Assistant Professor of Administrative Law at Tilburg University. Boudewijn de Waard is Professor of Administrative Law at Tilburg University. Tab Content 6Author Website:Countries AvailableAll regions |
||||
