Catalogue


Administrative justice in the 21st century /
edited by Michael Harris and Martin Partington.
imprint
Oxford : Hart Pub. ; Portland, Or. : Distributed in North America (US and Canada) by International Specialized Book Services, 1999.
description
xxxiii, 585 p. : ill. ; 24 cm.
ISBN
1901362663
format(s)
Book
Holdings
More Details
imprint
Oxford : Hart Pub. ; Portland, Or. : Distributed in North America (US and Canada) by International Specialized Book Services, 1999.
isbn
1901362663
general note
"Papers ... originally presented at the International Conference on Administrative Justice organised by the Centre for the Study of Administrative Justice at the University of Bristol in November 1997"--Introd.
catalogue key
2540007
 
Includes bibliographical references (p. [547]-570) and index.
A Look Inside
About the Author
Author Affiliation
Michael Harris is Lecturer in Law at the University of Bristol and Deputy Director of the Faculty's Centre for the Study of Administrative Justice. Martin Partington is Professor of Law, Pro Vice-Chancellor and Director of the Centre for the Study of Administrative Justice at the University of Bristol.
Reviews
Review Quotes
a book that students will be able to dip into to broaden and deepen their knowledge of administrative law and the administrative process. It can be strongly recommended as a valuable resource for both undergraduate and post-graduate students.Christopher VincenziThe Law TeacherFebruary 2003
'...a book that students will be able to dip into to broaden and deepen their knowledge of administrative law and the administrative process. It can be strongly recommended as a valuable resource for both undergraduate and post-graduate students.' Christopher Vincenzi writing in The Law Teacher February 2003.
This item was reviewed in:
Reference & Research Book News, November 1999
To find out how to look for other reviews, please see our guides to finding book reviews in the Sciences or Social Sciences and Humanities.
Summaries
Main Description
The new millennium provides an opportunity for the reappraisal of the British system of administrative justice; this volume presents and indispensable repository of the ideas needed to understand how that system should develop over the coming years. This book contains revised versions of the papers given at the International Conference on Administrative Justice held in Bristol in 1997. Forty yeaars after the publication of the Franks Committee report on Tribunals and Inquires, the conference reflected on developments since then and sought to provoke degate aBout how the future might unfold. Among the themes addressed in the papers are: the effect of the changing nature of the state on current institutions; human rights and administrative justice; the relationship between decision taking, riviews of decisions, and the adjudication of appeals; and the overview of administrative justice, taking into account lessons from abroad.
Bowker Data Service Summary
The idea of administrative justice is central to the British system of public law. This book contains revised versions of papers given at a conference which reflected on developments in the field over the past 40 years.
Long Description
The idea of administrative justice is central to the British system of public law, more embracing than judicial review, or even administrative law itself. It embraces all the mechanisms designed to achieve a proper balance between the exercise of public and quasi-public power and those affected by the exercise of that power. This book contains revised versions of the papers given at the International Conference on Administrative Justice held in Bristol in 1997. Forty years after the publication of the Franks Committee report on Tribunals and Inquiries, the conference reflected on developments since then and sought to provoke debate about how the future might unfold. Participants included policy makers, tribunal chairs and ombudsmen, other decision-takers as well as academics - a formidable combination of expertise in the operation of the administrative justice system. Among the themes addressed in the papers are the following: the effect of the changing nature of the state on current institutions; human rights and administrative justice; the relationship between decision taking, reviews of decisions, and the adjudication of appeals; and the overview of administrative justice, taking into account lessons from abroad. The new millenium provides an opportunity for the reappraisal of the British system of administrative justice; this volume presents an indispenable repository of the ideas needed to understand how that system should develop over the coming years. Contributors: Michael Adler, Margaret Allars, Dame Elizabeth Anson, Lord Archer of Sandwell, Michael Barnes, Julia Black, Christa Christensen, David Clark, Gwynn Davis, Godfrey Cole, Suzanne Day, Julian Farrand, Tamara Goriely, Michael Harris (Ed), Neville Harris, Tony Holland, Terence Ison, Christine Lally, Douglas Lewis, Rosemary Lyster, Aileen McHarg, Walter Merricks, Linda Mulcahy, Stephen Oliver, Alan Page, Martin Partington (Ed), David Pearl, Jane Pearson, Paulyn Marrinan Quinn, John Raine, Andrew Rein, Alan Robertson, Roy Sainsbury, John Scampion, Chris Shepley, Caroline Sheppard, Patricia Thomas, Brian Thompson, Nick Wikeley, Tom Williams, Jane Worthington, Richard Young.
Table of Contents
Forewordp. v
Prefacep. xv
List of Contributorsp. xvii
Table of Casesp. xxi
Table of Statutesp. xxx
Table of Statutory Instrumentsp. xxxiv
Introductionp. 1
Background to the conferencep. 1
Themes and issuesp. 4
Conclusionp. 17
Initial Decision-Taking, Review and Appeals: General Issues
Administrative Justice: Is it Such a Good Idea?p. 21
Introductionp. 21
Primary adjudicationp. 21
Democracyp. 24
The undermining of collective interestsp. 25
The impairment of efficiencyp. 26
Political realitiesp. 30
System reformp. 32
Proposalsp. 36
Conclusionsp. 40
The Place of Formal and Informal Review in the Administrative Justice Systemp. 42
Introductionp. 42
Matters of terminologyp. 43
The objections to formal reviewp. 46
Observations and conclusionsp. 51
Immigration and Asylum Appeals and Administrative Justicep. 55
Introductionp. 55
International lawp. 55
Domestic lawp. 57
The initial decisionp. 57
The present system and its defectsp. 59
Adjudicators' responsep. 61
The broader questionsp. 62
Conclusionp. 64
Sliding Scales of Justice at the End of the Century--A Cause for Complaintsp. 66
Introductionp. 6
What are complaints?p. 68
Top down and bottom up approaches to complaintsp. 70
Whose standards?p. 75
The sliding scales of natural justicep. 76
Is there a Plimsoll line?p. 77
Recognition of other modelsp. 78
Developing responsive principlesp. 79
Conclusionp. 81
The New Administrative Law: The Citizens Charter, Ombudsmen and Other Developments for the Resolution of Complaints
The Citizens Charter and Administrative Justicep. 85
Introductionp. 85
The Charterp. 86
Standardsp. 88
Complaints proceduresp. 91
Systems improvementp. 95
Conclusionsp. 98
A Question of Numbers: Managing Complaints Against Rising Expectationsp. 99
The development of complaints handlingp. 99
Trends since 1983: managing rising expectationsp. 102
Conclusionp. 100
Regulating Open Government: A Comparative Study of the UK and Canadian Regimesp. 112
Introductionp. 112
The discourse and practice of open governmentp. 112
The ombudsman and open governmentp. 118
The institutional design of FOI: the lessons of the Canadian experiencep. 127
The Ombudsman and Administrative Justicep. 133
Introductionp. 133
The ombudsman as "tomorrow's court" [Holland]p. 136
Ombudsman or tribunal? The ombudsman as an adjudicative mechanism [Farrand]p. 137
Defining the relationship between the courts and a public sector ombudsman [Thomas]p. 141
Private sector ombudsmen and the public interest [Merricks]p. 144
Quis custodiet ipsos custodes? The problem of proliferation [Barnes]p. 147
What makes an ombudsman work? [Quinn]p. 151
New Proceduresp. 156
Introductionp. 156
Internal review [Scampion]p. 157
The role and function of the adjudicator's office [Rein and Lally]p. 160
The independent monitor model [Anson]p. 163
Complaint Handling by Solicitors: Practice Rule 15--Waving or Drowning?p. 166
Introductionp. 166
The researchp. 170
The findingsp. 175
Conclusions and recommendationsp. 193
Appendicesp. 205
Collective Administrative Justice
Separation of Functions and Regulatory Agencies: Dispute Resolution in the Privatised Utilitiesp. 211
Introductionp. 211
The place of dispute resolution in utility regulationp. 215
Internal separation of functions--US proceduralism and UK pragmatismp. 224
Dispute resolution procedures--the current positionp. 232
Conclusions and recommendations for reformp. 243
Talking About Regulationp. 246
Introductionp. 246
Forms of conversationp. 247
The reasons for conversationsp. 258
Justifying conversations: conversations and responsivenessp. 261
Problems with conversationsp. 263
Structuring conversationsp. 267
Conclusionp. 276
Recent Research
Child Support Appeal Tribunals: The Appellant's Perspectivep. 281
Introductionp. 281
Research methodologyp. 282
Review and appeals under the Child Support Act 1991p. 283
Child support appeal tribunalsp. 285
Who are the appellants before child support appeal tribunals?p. 286
Tribunals as an area to resolve disputes between parentsp. 288
Maintaining order at appeal hearingsp. 289
Advice and Representationp. 293
Conclusionp. 295
The Developing Role and Structure of the Education Appeal System in England and Walesp. 296
Introductionp. 296
Education reform and redress of grievancep. 298
Education appeal committeesp. 300
The special education needs tribunalp. 318
Conclusionp. 324
Parking Adjudications: The Impact of New Technologyp. 326
Introductionp. 325
Parking adjudicatorsp. 325
The role of ITp. 326
The impact of an IT-oriented adjudication systemp. 329
Conclusionsp. 333
The Influence of Human Rights on Administrative Justice
Human Rights, Ukases and Merits Review Tribunals: The Impact of Teoh's Case on the Administrative Appeals Tribunal in Australiap. 337
Introductionp. 337
Merits review prior to Teoh's casep. 339
Teoh's casep. 349
Application of Teoh's casep. 356
Infiltration of human rights: beyond Teoh's casep. 367
Conclusionp. 375
The Effect of a Constitutionally Protected Right to Just Administrative Actionp. 376
Introductionp. 376
The South African consitutional provisionp. 377
The need for constitutional protection: South African administrative law in decayp. 379
What is administrative action?p. 381
The right to just administrative actionp. 382
Administrative justice and "promoting an efficient administration"p. 391
Privatisation and judicial reviewp. 393
Conclusionp. 395
Human Rights and Hand-Rolling Tobacco: The Right to a Fair hearingp. 397
Introductionp. 397
The case of Mr Hodgsonp. 397
General observationsp. 401
Management and Training
Maintaining Judicial Standards in the Independent Tribunal Servicep. 407
Introductionp. 407
Backgroundp. 408
Trainingp. 408
Evaluationp. 413
Monitoringp. 413
The futurep. 415
Recruitment, Training and the Monitoring of Quality in the Planning Inspectoratep. 417
Introduction: the planning inspectoratep. 417
Recruitmentp. 418
Initial trainingp. 419
Continuing trainingp. 421
Monitoringp. 422
Conclusionp. 423
The Selection, Training and Monitoring of Lay Tribunal Members (With Special Reference to the Independent Tribunal Service)p. 424
Introductionp. 424
Justifications for lay participation in tribunal decision makingp. 426
Selection, training and monitoring in 1988 (Scottish Consumer Council study)p. 431
Training in 1995p. 437
Conclusionp. 440
Future Developments
The Reform of Social Security Adjudicationp. 445
Introductionp. 445
Current models of adjudication and appealsp. 446
The case for changep. 450
The proposals for reforming appealsp. 451
Evaluating the reformsp. 453
Discussion and conclusionp. 461
Administrative Justice: Towards the Millennium, Towards Integration?p. 463
Introductionp. 463
Mapping the terrainp. 464
Emerging trendsp. 469
An integrated system for administrative justice?p. 475
Conclusionp. 480
System Monitoring and Overview
The Role of the Council on Tribunalsp. 485
Introductionp. 485
The Council on Tribunals: consultation, advice, special initiatives and trainingp. 486
Conclusionsp. 489
Monitoring Developments in Administrative law: The Role of the Australian Administrative Review Councilp. 491
Introductionp. 491
The Australian administrative law systemp. 491
The role of the Administrative Review Councilp. 493
The benefit of a separate and permanent administrative law advisory bodyp. 495
The functions of the councilp. 502
The changing nature of governmentp. 503
Future work of the council and final wordp. 505
Appendix 1p. 507
Appendix 2p. 509
Filling in the Gaps: A Standing Administrative Conference for the United Kingdomp. 519
A brief historyp. 519
Why do we need a new body?p. 521
From recipe to menup. 522
The overseas experiencep. 526
Back to the UKp. 528
Conclusionsp. 530
Conclusion
Future Developmentsp. 532
Standing Conference on the Resolution of Citizens' Grievances, A Proposalp. 539
Bibliographyp. 547
Indexp. 571
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