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Judicial Review of Administrative Discretion in the Administrative State (Paperback, 1st ed. 2019)
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Judicial Review of Administrative Discretion in the Administrative State (Paperback, 1st ed. 2019)
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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. Traditionally, courts review acts
of administrative bodies implying a degree of discretion with quite
some restraint. Typically it is reviewed whether the decision is
non-arbitrary or whether there is no manifest error of assessment.
The question arises though as to whether the concern regarding
ensuring the non-arbitrary character of the exercise of
administrative power, which is frequently performed at a distance
from political bodies, goes far enough to guarantee that the
administration exercises its powers in a legitimate way. This
publication searches for new modes of judicial review of
administrative discretion exercised in the administrative state. It
links state-of-the-art academic research on the role of courts in
the administrative state with the daily practice of the higher and
lower administrative courts struggling with their position in the
evolving administrative state. The book concludes that with the
changing role and forms of the administrative state, administrative
courts across the world and across sectors are in the process of
reconsidering their roles and the appropriate models of judicial
review. Learning from the experiences in different sectors and
jurisdictions, it provides theoretical and empirical foundations
for reflecting on the advantages and disadvantages of different
models of review, the constitutional consequences and the main
questions that deserve further research and debate. Jurgen de
Poorter is professor of administrative law at Tilburg University
and deputy judge in the District Court of The Hague. Ernst Hirsch
Ballin is distinguished university professor at Tilburg University,
professor in human rights law at the University of Amsterdam, and
president of the T.M.C. Asser Institute for International and
European Law. He is also a member of the Scientific Council for
Government policy (WRR). Saskia Lavrijssen is professor of Economic
Regulation and Market Governance of Network Industries at Tilburg
University.
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