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Author: Giacinto Della Cananea Publisher: Oxford University Press ISBN: 019878838X Category : Law Languages : en Pages : 241
Book Description
Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those public authorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization. Analysing the procedural due process requirements applicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, such as good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect when interpreting standards of justice.
Author: Giacinto Della Cananea Publisher: Oxford University Press ISBN: 019878838X Category : Law Languages : en Pages : 241
Book Description
Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those public authorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization. Analysing the procedural due process requirements applicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, such as good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect when interpreting standards of justice.
Author: John V. Orth Publisher: ISBN: Category : Law Languages : en Pages : 136
Book Description
Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made way for an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general.
Author: E. Thomas Sullivan Publisher: Oxford University Press ISBN: 0199990808 Category : Law Languages : en Pages : 264
Book Description
In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.
Author: Susan Rose-Ackerman Publisher: Cambridge University Press ISBN: 1316194744 Category : Law Languages : en Pages : 282
Book Description
With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.
Author: Thomas H. Burrell Publisher: Common Consent Press ISBN: 1945104007 Category : History Languages : en Pages : 284
Book Description
Magna Carta and Due Process of Law: The Road to American Judicial Activism provides a superb history of the rise of Parliament and the American Constitution. Unlike other authors covering this topic, Thomas Burrell examines American courts and discusses judicial activism. The due process language in the Magna Carta and English history reveals a strenuous effort to establish and protect participatory government from the arbitrary king ruling by will. In America, the framers of state and federal constitutions copied the language. Courts and common-law constitutionalism, however, rewrote the concept of the language. American courts have championed substantive due process to the detriment of representative government. After introducing the subject matter, Burrell provides a brief history of medieval political theory. The theory of kingship is examined and discussed. In the third chapter, we learn of Henry II’s rule per voluntatem as well as his assizes and the birth of the common law. The fourth chapter discusses King John and his fight with the barons leading up to the 1215 Magna Carta. With the Magna Carta, the barons established a foothold in the fight against the arbitrary king. The fifth chapter examines the remainder of the thirteenth century. With additional reform efforts, the barons took the gains of the Magna Carta to another level. Following Henry III’s reign, Edward I was a good king who ruled with his Council in Parliament. The sixth chapter discusses the rise of participatory government in the fourteenth century. During Edward II’s reign, the barons and Ordainers infiltrated the king’s Council in Parliament and transformed Parliament into a baronial system with lords and peers. In this chapter, the Commons’ petition is discussed along with the Council and the common law. Knights and burgesses, the Commons, frequently complained of royal or conciliar encroachment on the common law and Parliament’s law of the land—the need to safeguard due process of law from arbitrary forces. The seventh chapter summarizes medieval English legal history and the High Court of Parliament. Burrell makes several observations about the English Constitution. The eighth chapter carries the English Constitution into the seventeenth century. Briefly, this chapter notes conflict during the Stuarts and the resulting changes to the English form of government. Many of the gains introduced with the Magna Carta and fourteenth-century reforms were realized in the seventeenth century. The ninth chapter discusses the American Constitution and the Fifth Amendment. The Fifth Amendment uses language directly from Magna Carta’s Chapter 39. The tenth chapter examines judicial activism and substantive due process in the state and federal courts. American judges in the early nineteenth century struggled with language and fused variable meanings and constitutional common law to the concept of due process of law. Ultimately, judges inverted the original meaning from protecting participatory government to creating arbitrary government in the judiciary. One case precedent provided authority for the next until a complete fabrication of the concept was achieved. America became a judicial state. In this judicial state, judges have the power to socially reengineer society by inventing constitutional restrictions on representative government. The people are left out of the equation. Whether you are on the American or English side of the Atlantic, you’ll find Magna Carta and Due Process of Law: The Road to American Judicial Activism educational and rewarding. Have a position on gay marriage, abortion, equal rights, religious liberty, or the death penalty? Improve your knowledge and argument with Magna Carta and Due Process of Law. In the process, you’ll learn about English legal history, the American Constitution, the Bill of Rights, and the United States Supreme Court.
Author: Rhonda Wasserman Publisher: Bloomsbury Publishing USA ISBN: 0313027765 Category : Law Languages : en Pages : 395
Book Description
This book gathers, synthesizes and analyzes case law in a variety of substantive contexts, including public employment, prison administration, and government benefits. It places current case law into historical context, serving as a reference guide for students, practitioners, judges and scholars interested in procedural due process. The author addresses the central requirements of notice and the opportunity to be heard as well as the day in court ideal. It also examines the protection due process affords against litigation in a distant forum with which the defendant has no connection.
Author: Cristina Teleki Publisher: BRILL ISBN: 9004447490 Category : Business & Economics Languages : en Pages : 392
Book Description
In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
Author: Charles T. Kotuby, Jr. Publisher: Oxford University Press ISBN: 0190642726 Category : Law Languages : en Pages : 288
Book Description
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Author: Kai Ambos Publisher: Cambridge University Press ISBN: 1108483399 Category : Law Languages : en Pages : 507
Book Description
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Author: Carrie Fredericks Publisher: Greenhaven Publishing LLC ISBN: 0737750596 Category : Young Adult Nonfiction Languages : en Pages : 168
Book Description
Due process is probably one of the most important rights that your readers should know about, understand, and keep with themselves for the rest of their lives. Due process is fair treatment through the normal judicial system, especially as a citizen's entitlement. This collection of essays presents the Fourteenth amendment through several essays that debate is meaning and use. Topics include truancy, double jeopardy, a woman's right to choose abortion, student suspension, detainees of the war on terrorism, music piracy, and immigration reform.
Author: Giacinto Della Cananea
Author: Giacinto Della Cananea
Author: John V. Orth
Author: E. Thomas Sullivan
Author: Susan Rose-Ackerman
Author: Thomas H. Burrell
Author: Rhonda Wasserman
Author: Cristina Teleki
Author: Charles T. Kotuby, Jr.
Author: Kai Ambos
Author: Carrie Fredericks