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Judicial Review of Administrative Discretion in the Administrative State

2019
This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary’s role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica.
exaly   +3 more sources

Administrative Discretion

The American Review of Public Administration, 2007
The authors use a novel, The Cider House Rules, as a framework to examine legitimate administrative action when execution of a law will result in harm. Four political values that have informed administrative dissent are reviewed: publicity, utility, democracy, and liberty.
Jennifer Alexander, Samuel A. Richmond
openaire   +2 more sources

Legitimizing Administrative Discretion

2020
This chapter argues that the rationale for a democratic state is to curb a form of subjection to the merely unilateral and legislative will of others. It describes bureaucratic unilateralism, which is the just and effective administration of the modern state risks that reproduce the problem within the state itself by demanding the delegation of a form ...
openaire   +2 more sources

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