Administrative Justice in the 21st Century - download pdf or read online

By Michael Harris, Martin Partington

ISBN-10: 184731337X

ISBN-13: 9781847313379

ISBN-10: 1901362663

ISBN-13: 9781901362664

The recent millennium presents a chance for the reappraisal of the British approach of administrative justice; this quantity provides and vital repository of the information had to know how that procedure may still enhance over the arriving years. This publication comprises revised models of the papers given on the overseas convention on Administrative Justice held in Bristol in 1997. 40 yeaars after the ebook of the Franks Committee document on Tribunals and Inquires, the convention mirrored on advancements due to the fact that then and sought to impress degate approximately how the longer term may spread. one of the subject matters addressed within the papers are: the impression of the altering nature of the nation on present associations; human rights and administrative justice; the connection among choice taking, riviews of selections, and the adjudication of appeals; and the evaluation of administrative justice, making an allowance for classes from in a foreign country.

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There was a need to revisit ideas that had originally informed the Franksian conception of administrative justice. In particular, as the papers in this volume reveal, there is considerable disagreement about the meaning of the concept of "administrative justice". Some, following Franks, appear to assume that administrative justice is a label which can only properly be attached to the kinds of process that occur in courts, or the tribunals and inquiries that were the subject of his report. There may also be an assumption in the minds of some that "administrative justice" can apply only to questions of determining legal entitlements, as opposed, for example, to considering whether an individual has been the victim of maladministration or poor quality service.

In terms of historical reality, the symmetry of these events may be no more than coincidental. Reflections on the topic of administrative justice might have been just as fruitful had they coincided, not with the 40 th anniversary of Franks, but with its 39 th . And there is no reason why a conference on the topic held in 2001, while denied the obvious millenarian associations of this one, would not prove to be just as fruitful an exercise as this one was. These associations are, in short, at one level artificial constructs: ideas and events do not march to the dictates of the calendar.

In his paper Sainsbury picks up the theme of new social inventions—here the radical changes to the system of social security appeals shortly to come into operation as a result of the Social Security Act 1998. In essence these involve moving away from a system in which there was an immediate right to a de novo review by a full tribunal with an oral hearing to one that combines informal internal revision (the "second look" principle) with a more flexible appeal process. In particular many more appeals will in future be conducted "on the papers", single member tribunals will be employed more frequently and tribunals will be precluded from considering changed circumstances.

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Administrative Justice in the 21st Century by Michael Harris, Martin Partington

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