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Due Process of Law Beyond the State - Requirements of Administrative Procedure (Hardcover)
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Due Process of Law Beyond the State - Requirements of Administrative Procedure (Hardcover)
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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.
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