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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
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Good Administration and the Council of Europe - Law, Principles, and Effectiveness (Hardcover)
Loot Price: R6,591
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Good Administration and the Council of Europe - Law, Principles, and Effectiveness (Hardcover)
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Good Administration and the Council of Europe: Law, Principles, and
Effectiveness examines the existence and effectiveness of written
and unwritten standards of good administration developed within the
framework of the Council of Europe (CoE) and in the case law of the
European Court of Human Rights. These standards - called 'pan-
European general principles of good administration' - cover the
entire range of general organizational, procedural, and substantive
legal institutions meant to ensure a democratically legitimized,
open, and transparent administration respecting the rule of law.
They are about the 'limiting function' of administrative law: its
function to protect individuals from arbitrary power, to legitimize
administrative action, and to combat corruption. This book analyses
the sources and functions of the pan-European general principles of
good administration and seeks to uncover how deeply they are rooted
in the domestic legal systems of the CoE Member States. It
comprises 28 country reports dedicated to an in-depth exploration
of the impact of these standards on the national legal systems of
the Member States written by respective experts on these systems.
It argues that the pan-European general principles of good
administration lead to a certain harmonization of the legal orders
of the Member States with regard to the limiting function of
administrative law despite the many fundamental differences between
their administrative and legal systems. It comes to the further
conclusion that the pan-European general principles of good
administration can be considered as a concretization of the
founding values of the CoE and describes the 'administrative law
obligations' a Member State entered into when joining the CoE.
General
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