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

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Firestone Library - Stacks KJC390 .J83 2016 Browse related items Request

    Details

    Subject(s)
    Editor
    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.
    ISBN
    • 9781138812994 ((hbk.))
    • 1138812994 ((hbk.))
    LCCN
    2015001803
    OCLC
    900333052
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