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The judge and the proportionate use of discretion : a comparative study / edited by Sofia Ranchordás and Boudewijn de Waard.
Format
Book
Language
English
Published/Created
Milton Park, Abingdon, Oxon ; New York, NY : Routledge, [2016]
Description
xvi, 207 pages : illustrations ; 24 cm.
Availability
Copies in the Library
Location
Call Number
Status
Location Service
Notes
Firestone Library - Stacks
KJC390 .J83 2016
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Details
Subject(s)
Proportionality in law
—
European Union countries
[Browse]
Judicial process
—
European Union countries
[Browse]
Editor
Ranchordás, Sofia
[Browse]
Waard, Boudewijn Willem Nicolaas de, 1950-
[Browse]
Series
Routledge research in EU law
[More in this series]
Summary note
"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"--publisher's website.
Bibliographic references
Includes bibliographical references and index.
Contents
Proportionality crossing borders: why it is still difficult to recognise sparrows and cannons / Sofia Ranchordás and Boudewijn de Waard
The principle of proportionality in German administrative law / Nikolaus Marsch and Vanessa Tünsmeyer
Proportionality in French administrative law / Yoan Sanchez
Proportionality in English law / A.C.L. Davies and J.R. Williams
Proportionality in Dutch administrative law / Boudewijn de Waard
The principle of proportionality in European law / Catherine Haguenau-Moizard, Yoan Sanchez
Agency discretion, judicial review and "proportionality" in US administrative law / Jud Mathews
Concluding remarks / Sofia Ranchordás and Boudewijn de Waard.
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ISBN
9781138812994 ((hbk.))
1138812994 ((hbk.))
LCCN
2015001803
OCLC
900333052
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