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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.
This book offers a comprehensive overview of current developments
in the field of Responsible Research and Innovation (RRI). Divided
into three parts, the book first presents reflections on the
concept of RI from various angles: how did it come about, who is
involved and how might in be applied in various contexts, such as
the academic environment or in developing countries. The second
part discusses the actual application of RRI to technology
development: for climate engineering, water management and energy
technology along with a general discussion on how to integrate RRI
in innovation trajectories. The last part offers a closer look at
the application of RRI to the business context. This part offers
lessons from comparable concepts such as social and sustainability
innovation as well as insights from two case-studies, one in the
food sector and the other in data management. As a whole, the book
contributes to the ongoing development of the framework of RRI by
giving an overview of the state-of-the art research, presenting the
lessons learned from several case studies, and showing the way for
future application of RI in other fields and cultural contexts,
such as industry and developing countries.
This book offers a comprehensive overview of current developments
in the field of Responsible Research and Innovation (RRI). Divided
into three parts, the book first presents reflections on the
concept of RI from various angles: how did it come about, who is
involved and how might in be applied in various contexts, such as
the academic environment or in developing countries. The second
part discusses the actual application of RRI to technology
development: for climate engineering, water management and energy
technology along with a general discussion on how to integrate RRI
in innovation trajectories. The last part offers a closer look at
the application of RRI to the business context. This part offers
lessons from comparable concepts such as social and sustainability
innovation as well as insights from two case-studies, one in the
food sector and the other in data management. As a whole, the book
contributes to the ongoing development of the framework of RRI by
giving an overview of the state-of-the art research, presenting the
lessons learned from several case studies, and showing the way for
future application of RI in other fields and cultural contexts,
such as industry and developing countries.
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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