{"title":"Analysis of the Role of Non-Judicial Members in Quasi-Judicial Authorities","authors":"M. Sadeghi, Samira Gholami","doi":"10.52547/qjal.9.30.77","DOIUrl":"https://doi.org/10.52547/qjal.9.30.77","url":null,"abstract":"","PeriodicalId":51730,"journal":{"name":"Administrative Law Review","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78492333","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"法学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The nature of the country's selective authorities and judicial oversight of their decisions with emphasis on the judicial procedure of the Administrative Court of Justice","authors":"zahra danesh nari, seyed ahmad habibnezhad","doi":"10.52547/qjal.9.30.57","DOIUrl":"https://doi.org/10.52547/qjal.9.30.57","url":null,"abstract":"","PeriodicalId":51730,"journal":{"name":"Administrative Law Review","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88236601","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"法学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-21DOI: 10.1093/he/9780192893567.003.0013
Timothy Endicott
This chapter examines ombudsmen and other facilities for investigation of the working of government, and the ways in which they can resolve disputes and improve administration. The ombudsmen’s role has four key features: (1) it is independent; (2) it investigates a complaint; (3) it looks for injustice caused by maladministration; and (4) it makes a report. The chapter explains the ombudsman process, the Parliamentary Ombudsman, local government ombudsmen, and the effects of ombudsmen’s reports. The chapter also explains the law on judicial review of ombudsman decisions and judicial review of the way in which public authorities respond to ombudsman reports, and argues that the judicial process has very little to offer in improving the operation of ombudsman schemes. The role of inquiries is also explained, with discussion of the Equality and Human Rights Commission, the Inquiries Act 2005, and public authorities’ duties to inquire under the common law and the European Convention on Human Rights.
{"title":"13. Ombudsmen and inquiries","authors":"Timothy Endicott","doi":"10.1093/he/9780192893567.003.0013","DOIUrl":"https://doi.org/10.1093/he/9780192893567.003.0013","url":null,"abstract":"This chapter examines ombudsmen and other facilities for investigation of the working of government, and the ways in which they can resolve disputes and improve administration. The ombudsmen’s role has four key features: (1) it is independent; (2) it investigates a complaint; (3) it looks for injustice caused by maladministration; and (4) it makes a report. The chapter explains the ombudsman process, the Parliamentary Ombudsman, local government ombudsmen, and the effects of ombudsmen’s reports. The chapter also explains the law on judicial review of ombudsman decisions and judicial review of the way in which public authorities respond to ombudsman reports, and argues that the judicial process has very little to offer in improving the operation of ombudsman schemes. The role of inquiries is also explained, with discussion of the Equality and Human Rights Commission, the Inquiries Act 2005, and public authorities’ duties to inquire under the common law and the European Convention on Human Rights.","PeriodicalId":51730,"journal":{"name":"Administrative Law Review","volume":"74 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85829275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"法学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-21DOI: 10.1093/he/9780192893567.003.0008
Timothy Endicott
This chapter shows that judges must substitute their own judgment for that of an administrative authority on some issues, in order to give effect to the principle of legality. When there is reason for non-deferential judicial review, deference would mean abandoning the rule of law. The more interventionist grounds on which judges will control the substance of some decisions—relevance, proportionality, and legitimate expectations—may involve little deference, depending on the type of decision and the context in which it is made. Each of these interventionist doctrines gives the judges the opportunity to do justice for a claimant and to improve public administration. For the very same reasons, each doctrine poses a danger that the judges will make themselves into surrogate administrators by overextending the grounds of judicial review.
{"title":"8. Substantive unlawfulness","authors":"Timothy Endicott","doi":"10.1093/he/9780192893567.003.0008","DOIUrl":"https://doi.org/10.1093/he/9780192893567.003.0008","url":null,"abstract":"This chapter shows that judges must substitute their own judgment for that of an administrative authority on some issues, in order to give effect to the principle of legality. When there is reason for non-deferential judicial review, deference would mean abandoning the rule of law. The more interventionist grounds on which judges will control the substance of some decisions—relevance, proportionality, and legitimate expectations—may involve little deference, depending on the type of decision and the context in which it is made. Each of these interventionist doctrines gives the judges the opportunity to do justice for a claimant and to improve public administration. For the very same reasons, each doctrine poses a danger that the judges will make themselves into surrogate administrators by overextending the grounds of judicial review.","PeriodicalId":51730,"journal":{"name":"Administrative Law Review","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76000999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"法学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-11-29DOI: 10.17951/PPA.2019.2113-123
R. Marusenko
Free access to water bodies to meet basic human needs in Ukraine is currently complicated. The banks of rivers and lakes are built up in violation of the law. Th author analyzes the widespread ways of substantiating the development of the banks of rivers and lakes in Ukraine that undermine the possibility to access these water objects. The conclusion of the inconsistency of the legislative provisions on access to water bodies is made. It is proved that free access to water objects cannot be provided only by the prohibition of granting ownership or use rights of the parcels on the banks. Th regime of the coastal protective strips is confusing, contradicts to the regime of development of coastal settlements and does not ensure free access to water bodies. A general land use right may be used to guarantee free access to water objects. A comparison of ways to overcome similar problems in the Republic of Poland is conducted. The necessity of increasing the effectiveness of control activity, which would allow at the early stages to detect and stop illegal activity, that leads to the impossibility of free access to water objects, is substantiated.
{"title":"Land Use Policy and Access to Water Bodies in Ukraine","authors":"R. Marusenko","doi":"10.17951/PPA.2019.2113-123","DOIUrl":"https://doi.org/10.17951/PPA.2019.2113-123","url":null,"abstract":"Free access to water bodies to meet basic human needs in Ukraine is currently complicated. The banks of rivers and lakes are built up in violation of the law. Th author analyzes the widespread ways of substantiating the development of the banks of rivers and lakes in Ukraine that undermine the possibility to access these water objects. The conclusion of the inconsistency of the legislative provisions on access to water bodies is made. It is proved that free access to water objects cannot be provided only by the prohibition of granting ownership or use rights of the parcels on the banks. Th regime of the coastal protective strips is confusing, contradicts to the regime of development of coastal settlements and does not ensure free access to water bodies. A general land use right may be used to guarantee free access to water objects. A comparison of ways to overcome similar problems in the Republic of Poland is conducted. The necessity of increasing the effectiveness of control activity, which would allow at the early stages to detect and stop illegal activity, that leads to the impossibility of free access to water objects, is substantiated.","PeriodicalId":51730,"journal":{"name":"Administrative Law Review","volume":"2 1","pages":"113-123"},"PeriodicalIF":0.0,"publicationDate":"2020-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43703471","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"法学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-11-29DOI: 10.17951/PPA.2019.241-53
Anna Gilowska
The article addresses the issue of judicial review of decisions in the area of development policy (that consist in not qualifying a specific project for funding) and an attempt is made to assess the functioning of this measure on the tenth anniversary of its introduction into the national system for implementing this policy. The analysis of legal acts, doctrine and case law in the field of development policy allows one to draw the conclusion that the act of implementing the policy, i.e. selection of a specific project for financing, is a sui generis operation of administration, not subject to the provisions of the Code of Administrative Procedure. The most important criterion for assessing this measure should be its effectiveness, understood as the highest degree of implementation of the objective assumed under development policy. Hence, the model of review adopted in Poland and applied by administrative courts, appointed to examine the legality of reviewed acts, does not meet the expectations. The article is an attempt to assess the adopted review model in terms of its impact on the effectiveness of the development policy system and the effectiveness of protection granted.
{"title":"Judicial Review of the Implementation of Development Policy – Ten Years of Practice","authors":"Anna Gilowska","doi":"10.17951/PPA.2019.241-53","DOIUrl":"https://doi.org/10.17951/PPA.2019.241-53","url":null,"abstract":"The article addresses the issue of judicial review of decisions in the area of development policy (that consist in not qualifying a specific project for funding) and an attempt is made to assess the functioning of this measure on the tenth anniversary of its introduction into the national system for implementing this policy. The analysis of legal acts, doctrine and case law in the field of development policy allows one to draw the conclusion that the act of implementing the policy, i.e. selection of a specific project for financing, is a sui generis operation of administration, not subject to the provisions of the Code of Administrative Procedure. The most important criterion for assessing this measure should be its effectiveness, understood as the highest degree of implementation of the objective assumed under development policy. Hence, the model of review adopted in Poland and applied by administrative courts, appointed to examine the legality of reviewed acts, does not meet the expectations. The article is an attempt to assess the adopted review model in terms of its impact on the effectiveness of the development policy system and the effectiveness of protection granted.","PeriodicalId":51730,"journal":{"name":"Administrative Law Review","volume":"2 1","pages":"41-53"},"PeriodicalIF":0.0,"publicationDate":"2020-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48102092","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"法学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
فرهنگ فقیه لاریجانی, مرتضی نجابت خواه, خدیجه خیراله پور
{"title":"مرجع و فرایند تملک قهری اراضی در نظامهای حقوقی ایران و انگلستان","authors":"فرهنگ فقیه لاریجانی, مرتضی نجابت خواه, خدیجه خیراله پور","doi":"10.29252/qjal.7.20.201","DOIUrl":"https://doi.org/10.29252/qjal.7.20.201","url":null,"abstract":"","PeriodicalId":51730,"journal":{"name":"Administrative Law Review","volume":"200 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76036161","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"法学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-01DOI: 10.29171/acku_risalah_knf1572_qaaf29_1367_n675_dari_title1
مجتبی همتی
{"title":"قانون تشکیلات و آیین دادرسی دیوان عدالت اداری از منظر استانداردهای عام و فراگیر دادرسی منصفانه","authors":"مجتبی همتی","doi":"10.29171/acku_risalah_knf1572_qaaf29_1367_n675_dari_title1","DOIUrl":"https://doi.org/10.29171/acku_risalah_knf1572_qaaf29_1367_n675_dari_title1","url":null,"abstract":"","PeriodicalId":51730,"journal":{"name":"Administrative Law Review","volume":"96 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85733438","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"法学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The role of NGOs in administrative proceeding","authors":"غلامعلی قاسمی, عادل شیبانی","doi":"10.29252/qjal.6.19.125","DOIUrl":"https://doi.org/10.29252/qjal.6.19.125","url":null,"abstract":"","PeriodicalId":51730,"journal":{"name":"Administrative Law Review","volume":"230 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80237218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"法学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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