The Judge and the Proportionate Use of Discretion: A Comparative Administrative Law Study (Routledge Research in EU Law) - Softcover
Book 21 of 41: Routledge Research in EU Law
Synopsis
This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies.
Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test?
Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found.
This book will be of great interest to scholars of public and administrative law, and EU law.
"synopsis" may belong to another edition of this title.
About the Author
Sofia Ranchordás is Assistant Professor of Administrative Law at Tilburg University.
Boudewijn de Waard is Professor of Administrative Law at Tilburg University.
"About this title" may belong to another edition of this title.
Other Popular Editions of the Same Title
Search results for The Judge and the Proportionate Use of Discretion:...
Stock Image
Judge and the Proportionate Use of Discretion : A Comparative Administrative Law Study
Seller: GreatBookPrices, Columbia, MD, U.S.A.
Seller rating 5 out of 5 stars
Condition: As New. Unread book in perfect condition. Seller Inventory # 29376814
Stock Image
Judge and the Proportionate Use of Discretion : A Comparative Administrative Law Study
Seller: GreatBookPrices, Columbia, MD, U.S.A.
Seller rating 5 out of 5 stars
Condition: New. Seller Inventory # 29376814-n
Stock Image
The Judge and the Proportionate Use of Discretion: A Comparative Administrative Law Study (Routledge Research in EU Law)
Seller: Majestic Books, Hounslow, United Kingdom
Seller rating 4 out of 5 stars
Condition: New. Seller Inventory # 389448837
Buy New
US$ 78.46
US$ 8.71 shipping
Ships from United Kingdom to U.S.A.
Ships from United Kingdom to U.S.A.
Quantity: 3 available
Stock Image
The Judge and the Proportionate Use of Discretion
Print on DemandSeller: PBShop.store US, Wood Dale, IL, U.S.A.
Seller rating 5 out of 5 stars
PAP. Condition: New. New Book. Shipped from UK. THIS BOOK IS PRINTED ON DEMAND. Established seller since 2000. Seller Inventory # L0-9781138103740
Stock Image
The Judge and the Proportionate Use of Discretion: A Comparative Administrative Law Study (Routledge Research in EU Law)
Seller: Books Puddle, New York, NY, U.S.A.
Seller rating 4 out of 5 stars
Condition: New. 1st edition NO-PA16APR2015-KAP. Seller Inventory # 26390151002
Stock Image
The Judge and the Proportionate Use of Discretion
Print on DemandSeller: PBShop.store UK, Fairford, GLOS, United Kingdom
Seller rating 5 out of 5 stars
PAP. Condition: New. New Book. Delivered from our UK warehouse in 4 to 14 business days. THIS BOOK IS PRINTED ON DEMAND. Established seller since 2000. Seller Inventory # L0-9781138103740
Buy New
US$ 88.76
US$ 5.57 shipping
Ships from United Kingdom to U.S.A.
Ships from United Kingdom to U.S.A.
Quantity: Over 20 available
Stock Image
Judge and the Proportionate Use of Discretion : A Comparative Administrative Law Study
Seller: GreatBookPricesUK, Woodford Green, United Kingdom
Seller rating 5 out of 5 stars
Condition: As New. Unread book in perfect condition. Seller Inventory # 29376814
Buy Used
US$ 76.61
US$ 20.10 shipping
Ships from United Kingdom to U.S.A.
Ships from United Kingdom to U.S.A.
Quantity: Over 20 available
Seller Image
Judge and the Proportionate Use of Discretion : A Comparative Administrative Law Study
Seller: GreatBookPricesUK, Woodford Green, United Kingdom
Seller rating 5 out of 5 stars
Condition: New. Seller Inventory # 29376814-n
Buy New
US$ 76.80
US$ 20.10 shipping
Ships from United Kingdom to U.S.A.
Ships from United Kingdom to U.S.A.
Quantity: Over 20 available
Stock Image
The Judge and the Proportionate Use of Discretion: A Comparative Administrative Law Study
Published by
Taylor & Francis Ltd, 2017
ISBN 10: 1138103748
ISBN 13: 9781138103740
New
Paperback / softback
Seller: THE SAINT BOOKSTORE, Southport, United Kingdom
Seller rating 5 out of 5 stars
Paperback / softback. Condition: New. New copy - Usually dispatched within 4 working days. Seller Inventory # B9781138103740
Buy New
US$ 76.81
US$ 20.46 shipping
Ships from United Kingdom to U.S.A.
Ships from United Kingdom to U.S.A.
Quantity: 1 available
Seller Image
The Judge and the Proportionate Use of Discretion
Print on DemandSeller: BuchWeltWeit Ludwig Meier e.K., Bergisch Gladbach, Germany
Seller rating 5 out of 5 stars
Taschenbuch. Condition: Neu. This item is printed on demand - it takes 3-4 days longer - Neuware -This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies.Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review 'arbitrary and capricious' agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously 'sanction' the 'disproportionate' and/or unreasonable' use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found.This book will be of great interest to scholars of public and administrative law, and EU law. 224 pp. Englisch. Seller Inventory # 9781138103740
Buy New
US$ 73.38
US$ 26.26 shipping
Ships from Germany to U.S.A.
Ships from Germany to U.S.A.
Quantity: 2 available