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Journal articles on the topic 'Administrative judicial review'

Author: Grafiati

Published: 4 June 2021

Last updated: 2 February 2022

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1

Jones, Timothy H. "Judicial review and codification." Legal Studies 20, no. 4 (2000): 517–37. http://dx.doi.org/10.1111/j.1748-121x.2000.tb00158.x.

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This article addresses the potential advantages and disadvantages of codifying the grounds of judicial review of administrative action. The four principal legal values associated with codification are described: certainty; clarity; democratic legitimacy; and rationality. The extent to which codification might further these values is considered in the light of two comparative models: the United States Administrative Procedure Act 1946 and the Australian Administrative Decisions (Judicial Review) Act 1977 (Cth). It is concluded that codification offers no solution to the practical and theoretica

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2

Марку, Жерар, and Zherar Marku. "A SKETCH OF THE MAIN MODELS OF ADMINISTRATIVE JUSTICE." Journal of Foreign Legislation and Comparative Law 1, no. 5 (2015): 0. http://dx.doi.org/10.12737/16130.

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Administrative justice exists in most countries as a function in the State organization. But its scope and its forms differ widely among countries, in particular as regards the place of judicial review and the powers of judges. We can sort out three main models of administrative justice, based on judicial review institutions, from historical experience and main national systems. In Europe, the European Court of Human Rights had a significant influence on the evolution of administrative justice towards more judicial oversight upon administrative bodies. The expansion of these models gave rise t

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3

Radosevic, Ratko. "Judicial review of administrative silence." Zbornik radova Pravnog fakulteta, Novi Sad 49, no. 4 (2015): 1971–86. http://dx.doi.org/10.5937/zrpfns49-9458.

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4

Maurici, James. "Administrative Court Practice Judicial Review." Judicial Review 9, no. 1 (2004): 59–60. http://dx.doi.org/10.1080/10854681.2004.11427290.

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5

Willison, David H. "Judicial Review of Administrative Decisions." American Politics Quarterly 14, no. 4 (1986): 317–27. http://dx.doi.org/10.1177/1532673x8601400403.

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6

McHarg, Aileen. "Administrative Discretion, Administrative Rule-making, and Judicial Review." Current Legal Problems 70, no. 1 (2017): 267–303. http://dx.doi.org/10.1093/clp/cux011.

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7

Nematov, Jurabek. "TRANSFORMATION OF SOVIET ADMINISTRATIVE LAW: UZBEKISTAN’S CASE STUDY IN JUDICIAL REVIEW OVER ADMINISTRATIVE ACTS." Administrative law and process, no. 1 (28) (2020): 105–25. http://dx.doi.org/10.17721/2227-796x.2020.1.08.

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Judicial protection against individual and normative acts of the public administration continues to be problematic in Uzbekistan. One central reason for this mischief is the continuing prevalence of Soviet-style ideas and patterns in legal thinking as well as the legal practice. This article describes the problems of jurisdictions face when trying to overcome their Soviet heritage by developing legal protection in administrative matters, and analyses the strategies for the improvement of this situation. Key factors are a comprehensive and harmonised development of administrative procedure and

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8

Türk, Alexander H. "Oversight of Administrative Rulemaking: Judicial Review." European Law Journal 19, no. 1 (2012): 126–42. http://dx.doi.org/10.1111/eulj.12017.

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9

Albert, Richard, and Anna Nikolayeva. "Judicial review of administrative action in the United States." A&C - Revista de Direito Administrativo & Constitucional 17, no. 70 (2017): 13–23. http://dx.doi.org/10.21056/aec.v17i70.827.

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In this article, the authors explain and evaluate the judicial review of administrative action under the United States Constitution. After discussing the birth of the administrative state, the authors introduce and analyze the forms of judicial review of administrative action as well as the origins and variable degree of judicial deference to administrative action. The authors close with a discussion on the future of judicial review of administrative action in the United States.

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10

Craig, Paul. "Ultra Vires and the Foundations of Judicial Review." Cambridge Law Journal 57, no. 1 (1998): 63–90. http://dx.doi.org/10.1017/s0008197300134397.

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There is a growing literature concerning the role of the ultra vires doctrine and its place within administrative law. For some the doctrine is the central principle of administrative law, without which judicial intervention would rest on uncertain foundations. For others, it constitutes at best a harmless fiction, which is incapable of explaining all instances of judicial intervention, and at worst a device which allows the judiciary to conceal the real justifications for developments in judicial review. Christopher Forsyth falls into the former camp. He has written a vigorous defence of the

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11

Simanjuntak, Enrico. "Pengujian Perda dan Perdes Pasca Perubahan UU Pemda dan UU Desa." Jurnal Konstitusi 13, no. 3 (2016): 639. http://dx.doi.org/10.31078/jk1338.

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The development of contemporary public law (both in the field of constitutional law and administrative law) in Indonesia was marked by the strengthening of the internal settlement administration assertion as a means of testing the legal norms of both abstract and concrete. With variations, in a legal dispute concerning the norms of concrete, these developments containing fragmentation models for partly governs how the advanced mechanism in the judiciary after taken administrative effort (eg, Law Administration) and some not at all set up (eg, Law Reform State Civil). Some of the latest legisla

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12

Asimow, Michael, Gabriel Bocksang Hola, Marie Cirotteau, Yoav Dotan, and Thomas Perroud. "Between the Agency and the Court: Ex Ante Review of Regulations." American Journal of Comparative Law 68, no. 2 (2020): 332–75. http://dx.doi.org/10.1093/ajcl/avaa016.

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Abstract Administrative regulations are an important tool of modern government, but their legitimacy is often questioned since they are adopted by the executive branch rather than the legislature. Judicial review of the legality of regulations is necessary but not sufficient as an accountability mechanism because judicial review is subject to many practical and legal shortcomings, especially including its high cost. Consequently, the vast majority of regulations are never subject to judicial review, which creates an accountability deficit. This deficit can be remedied through ex ante administr

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13

Gärditz, Klaus Ferdinand. "Effektiver Verwaltungsrechtsschutz im Zeichen von Migration und Europäisierung." Die Verwaltung 52, no. 2 (2019): 259–96. http://dx.doi.org/10.3790/verw.52.2.259.

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The report surveys the development of administrative procedural law und jurisprudence between 2014 and 2019, in particular, under the auspices of the overarching mandate to grant effective judicial review. Pursuant to Article 19(4) of the Basic Law, effective judicial review is constitutionally guaranteed, but enfolds its practical effects within the intricate framework of Administrative Court Procedure Code and the inhomogeneous body of substantive administrative law. Additionally, European Union law and its own guarantee of effective remedies (Article 47 EU Charter of Fundamental Rights) bea

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14

Rozsnyai, Krisztina F. "Current Tendencies of Judicial Review as Reflected in the New Hungarian Code of Administrative Court Procedure." Central European Public Administration Review 17, no. 1 (2019): 7–24. http://dx.doi.org/10.17573/cepar.2019.1.01.

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The continuing expansion of judicial review of administrative actions, as seen throughout Europe, led to the engulfment of the administrative judiciary towards the end of the last century. Review within a reasonable timeframe is hard to grant for this reason: the tensions between lawfulness and efficiency are amplified. The answers given to alleviate this tension raise questions that lie at the heart of the principle of separation of powers. This article aims to present some of respective tendencies, which lead to new equilibriums in the system of checks and balances between public administrat

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Králová, Alžbeta. "Legal remedies in asylum and immigration law: the balance between effectiveness and procedural autonomy?" Central European Public Administration Review 16, no. 1 (2018): 67–79. http://dx.doi.org/10.17573/cepar.v16i1.358.

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The paper tackles a widely discussed but still rather under-researched area of asylum and immigration law, more precisely its procedural aspects and its interactions within the public administration and administrative judiciary. It contributes to the debate about the Europeanization of public administration within the specific context of asylum and immigration law.The purpose of the paper is to examine the influence of European Union law on the legal regulation of administrative and judicial review of decisions rendered in asylum and immigration procedures.The research is based on an in-depth

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Nwauche, E. S. "ADMINISTRATIVE BIAS IN SOUTH AFRICA." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 8, no. 1 (2017): 35. http://dx.doi.org/10.17159/1727-3781/2005/v8i1a2832.

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This article reviews the interpretation of section 6(2)(a)ii of the Promotion of Administrative Justice Act which makes an administrator “biased or reasonably suspected of bias” a ground of judicial review. In this regard, the paper reviews the determination of administrative bias in South Africa especially highlighting the concept of institutional bias. The paper notes that inspite of the formulation of the bias ground of review the test for administrative bias is the reasonable apprehension test laid down in the case of President of South Africa v South African Rugby Football Union(2) which

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17

Sheldrick, Byron. "Book Review: Judicial Review and Compliance with Administrative Law." Social & Legal Studies 15, no. 2 (2006): 305–6. http://dx.doi.org/10.1177/096466390601500209.

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18

Perlingeiro, Ricardo. "The Right to Information from the Procedural Standpoint (Judicial and Non-Judicial)." A&C - Revista de Direito Administrativo & Constitucional 15, no. 61 (2015): 43. http://dx.doi.org/10.21056/aec.v15i61.21.

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The author takes a general descriptive approach to the system of jurisdictional review of decisions concerning access to official information in Latin America, with the aim of enabling a future comparative administrative law study on information access in the People’s Republic of China. The first two topics are related to an overview of the right to information access in Latin America and the corresponding laws, with imprecise rules that lead to behavior by the administrative authorities that is subject to review of dubious effectiveness, so that the authorities are verging on a state of immun

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19

Knight, Dean R. "Contextual review: the instinctive impulse and unstructured normativism in judicial review." Legal Studies 40, no. 1 (2020): 1–21. http://dx.doi.org/10.1017/lst.2020.1.

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AbstractContextual review is a judicial method that rejects doctrinal or categorical methods to guide judicial supervision of administrative action. Judges are invited to assess the circumstances of a claim in the round without any doctrinal scaffolding to control the depth of scrutiny; in other words, intervention turns on an instinctive judicial impulse or overall evaluative judgement. This paper identifies and explains the various instances where this method is deployed in judicial review in Anglo-Commonwealth administrative law. The efficacy of this style of review is also evaluated, using

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20

Walker, Christopher J. "Constraining Bureaucracy Beyond Judicial Review." Daedalus 150, no. 3 (2021): 155–71. http://dx.doi.org/10.1162/daed_a_01865.

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Abstract The modern regulatory state–and the field of administrative law that studies it–is in need of “deconstruction.” That does not mean that it should be dismantled entirely. This essay does not embrace the reformers' fixation on courts as the bulwark against agency overreach. Rather, this essay develops the concept of bureaucracy beyond judicial review: not only agency actions that statute or judicial doctrine precludes from judicial review, but also agency actions that are technically subject to judicial review yet effectively insulated from it. Appreciating the phenomenon of bureaucracy

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21

Issalys, Pierre. "Regards sur le droit administratif suisse." Les Cahiers de droit 19, no. 3 (2005): 703–79. http://dx.doi.org/10.7202/042262ar.

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Looking at Swiss administrative law from a Quebec perspective, this paper outlines some aspects of the Swiss system that provide useful models or references for the discussion and resolution of current issues in Canadian and Quebec administrative law. These issues are identified as (1) the proliferation of independent administrative agencies, and the means to control or at least systematize the growth of such structures ; (2) the desirability and feasibility of enacting general standards of procedure for administrative action ; (3) the simplification of remedies in the field of judicial review

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22

Pandey, T. N. "Administrative Discretion and Judicial Review : Concept and Ideologies." Indian Journal of Public Administration 33, no. 4 (1987): 895–911. http://dx.doi.org/10.1177/0019556119870404.

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23

JAMES, SIMON. "THE POLITICAL AND ADMINISTRATIVE CONSEQUENCES OF JUDICIAL REVIEW." Public Administration 74, no. 4 (1996): 613–37. http://dx.doi.org/10.1111/j.1467-9299.1996.tb00887.x.

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24

Hardin, Mark. "A comparison of administrative, citizen, and judicial Review." Children and Youth Services Review 7, no. 2-3 (1985): 161–72. http://dx.doi.org/10.1016/0190-7409(85)90022-2.

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25

Stolleis, Michael. "Judicial Review, Administrative Review, and Constitutional Review in the Weimar Republic." Ratio Juris 16, no. 2 (2003): 266–80. http://dx.doi.org/10.1111/1467-9337.00236.

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26

Horvat, Matej. "A judicial review of the inactivity of public administration in the Slovak Republic." Opolskie Studia Administracyjno-Prawne 16, no. 4 (2) (2019): 55–64. http://dx.doi.org/10.25167/osap.1221.

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The article focuses on inactivity of the public administration in the Slovak Republic. It analyses this malfunction of the public administration from the point of view of the legal theory, international legal regulation as well as national legal regulation. The emphasis is on the national legal regulation that should provide effective legal remedies on how to eliminate inactivity of the public administration – namely the Constitution of the Slovak Republic, the Act on Administrative Proceeding and the Act on Administrative Justice Procedure. The article analyses the new legal regulation on a j

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27

Bateman, Will, and Leighton McDonald. "The Normative Structure of Australian Administrative Law." Federal Law Review 45, no. 2 (2017): 153–79. http://dx.doi.org/10.1177/0067205x1704500201.

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This article analyses the normative structure of Australian administrative law through the prism of two distinct intellectual approaches to the law of judicial review: the ‘grounds approach’ and the ‘statutory approach’. We explore the development of both approaches and track the contemporary ascendance of the statutory approach in light of the political and constitutional context within which the practice of judicial review is situated. We then reflect on the ways that each responds to two central legitimacy problems which must be confronted by modern administrative law: the democratic legiti

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28

Candeub, D. A. "Tyranny and administrative law." Revista de Direito Administrativo 277, no. 1 (2018): 15. http://dx.doi.org/10.12660/rda.v277.2018.74801.

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<p>Tirania e o direito administrativo</p><p> </p><p><em>The Federalist Papers </em>define “tyranny” as “[t]he accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many.” This definition would seem to include the modern administrative agency, which exercises all three powers. To avoid tyrannical agencies and their illegitimate exercise of power, judges and academics look to administrative law. Its procedures and requirements, such as public comment, judicial review, agency reason-giving and deli

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29

Arana García, Estanislao. "ADMINISTRATIVE APPEALS IN THE EUROPEAN UNION: TOWARDS A COMMON MODEL OF ADMINISTRATIVE JUSTICE." Administrative law and process, no. 2(25) (2019): 87–107. http://dx.doi.org/10.17721/2227-796x.2019.2.06.

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Purpose. The aim of this paper is to analyse the activity of the European agencies as a mechanism of control prior to the judicial review. This procedure is carried out by independent and impartial administrative tribunals. This model supposes to create specialized administrative organs that solve conflicts previous to the judicial procedure. The “agencies model” is mainly used in western countries with legal Anglo-Saxon reminiscences. In this paper we analyze the importance of these agencies and its possibilities for improvement in the near future. Method. To achieve this goal it is necessary

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30

Brito Bastos, Filipe. "An Administrative Crack in the EU’s Rule of Law: Composite Decision-making and Nonjusticiable National Law." European Constitutional Law Review 16, no. 1 (2020): 63–90. http://dx.doi.org/10.1017/s1574019620000073.

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Composite administrative procedures – Exclusive jurisdiction of Union courts to review non-binding national preparatory acts – No jurisdiction of Union courts to enforce national law – Autonomy and uniformity of EU law – No judicial control possible of violation of domestic law by national authorities – National rule of law gap – Judicial review, effective judicial protection, and principle of administrative legality

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Vovkivskaya, L. V., and E. V. Savostina. "Analytical review of judicial cases involving antitrust body." Russian competition law and economy, no. 4 (August 20, 2021): 90–93. http://dx.doi.org/10.47361/2542-0259-2020-4-24-90-93.

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Analysis of the arbitration court’s legal positions in cases of violation of antimonopoly legislation on the following issues: limitation period for the institution of administrative proceedings for merger deals, determining the dominant position of an economic entity, court actions against, Antimonopoly service warnings, administrative fines reductions, ways of proving anti-competitive agreements. Purpose: the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.

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32

Creyke, Robin. "Judicial Review and Merits Review: Are the Boundaries Being Eroded?" Federal Law Review 45, no. 4 (2017): 627–52. http://dx.doi.org/10.22145/flr.45.4.7.

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Courts and tribunals have distinct roles within the Australian administrative law system at the federal level, and to a lesser extent, in the states and territories. Questions of law are for the courts, and questions of fact are for the executive and tribunals. From time to time this orthodoxy is questioned. Suggestions are made that the courts are increasingly tending to intrude into the province of tribunals. Using cases as illustrations, this article explores five relevant jurisdictional areas —from appeals on a question of law to deference under the Administrative Decisions (Judicial Revie

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33

Porivaev, S. A. "Judicial Practice in Administrative Cases on Challenging Normative Administrative Legal Acts." Rossijskoe pravosudie 3 (February 21, 2020): 55–67. http://dx.doi.org/10.37399/issn2072-909x.2020.3.55-67.

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The review examines the practice of courts of general jurisdiction to verify the legality of normative administrative acts. The most typical defects of the legality of such acts are studied. The article analyzes the principles of law that must be observed in order to ensure the legality of this category of acts.

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34

Lavrijssen, Saskia, and Maartje De Visser. "Independent administrative authorities and the standard of judicial review." Utrecht Law Review 2, no. 1 (2006): 111. http://dx.doi.org/10.18352/ulr.19.

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35

French, Susannah T. "Judicial Review of the Administrative Record in NEPA Litigation." California Law Review 81, no. 4 (1993): 929. http://dx.doi.org/10.2307/3480890.

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36

Ahluwalia, Matthew, and Joe Tomlinson. "Benefit Sanctions, Illegality and Administrative Justice: After Judicial Review?" Judicial Review 23, no. 4 (2018): 225–31. http://dx.doi.org/10.1080/10854681.2018.1550953.

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37

Yu, Lingyun. "Judicial review on abuse of power by administrative authority." Frontiers of Law in China 4, no. 1 (2009): 61–81. http://dx.doi.org/10.1007/s11463-009-0004-5.

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38

朱, 亚鹏. "A Study on the Judicial Review of Administrative Agreements." Open Journal of Legal Science 08, no. 01 (2020): 55–60. http://dx.doi.org/10.12677/ojls.2020.81009.

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39

Svitlychna, A. "Judicial review of administrative acts in Estonia and Latvia." Адміністративне право і процес, no. 2 (8) (2014): 198–218.

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40

Lewans, Matthew. "Administrative Law, Judicial Deference, and the Charter." Constitutional Forum / Forum constitutionnel 23, no. 2 (2014): 19. http://dx.doi.org/10.21991/c96m35.

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The doctrine of judicial deference has been a touchstone in Canadian administrative law for thirty-five years. Put simply, the doctrine recognizes that administrative officials have legitimate authority to interpret the law, which means that judicial review is warranted only if an administrative decision is demonstrably unfair or unreasonable. While the tide of deference has ebbed and flowed over this period, most administrative decisions these days are assessed according to a standard of reasonableness instead of correctness.

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41

Kamiński, Marcin. "Efektywność kontroli sądowoadministracyjnej rozstrzygnięć wydawanych w procedurach administracyjnych trzeciej generacji. Rozważania na tle wybranych rozwiązań normatywnych w prawie polskim." Opolskie Studia Administracyjno-Prawne 17, no. 1 (2019): 141–51. http://dx.doi.org/10.25167/osap.1500.

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The study is devoted to analysing the relationships between the effectiveness of judicial control exercised by administrative courts and the specific character of administrative procedures of third generation. The considerations lead to the conclusion that the special features and the normative solutions of the positive law entail limitations on the intensity of the judicial review of legality of the contested administrative acts or actions. In such a situation, the judicial control may be confined to the formal sphere of legality. Consequently, the degree of effectiveness of the judicial impa

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RAZQUIN LIZARRAGA, Martín María. "Los poderes de los Tribunales Administrativos de Recursos Contractuales en la Ley de Contratos del Sector Público de 2017." RVAP 110-I, no. 110-I (April 30, 2018): 195–227. http://dx.doi.org/10.47623/ivap-rvap.110.2018.1.06.

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LABURPENA: Kontratuen inguruko Errekurtsoei buruzko Auzitegi Administratiboei buruzkoa da lan hau. Organo horiek ez dira judizialak, eta kontratu publikoen arloan egiten diren errekurtsoen ardura daukate. Errekurtsoen inguruko zuzentarau erkideak betetzeko sortu ziren, eta maila estatalean, autonomikoan eta tokikoan sortzen joan dira 2010etik aurrera. Sektore Publikoko Kontratuei buruzko 2017ko Lege berriak nabarmen zabaldu ditu organo horien eskumenak, eta modu esklusiboan ezagutzen duten errekurtso bereziari eragiten dioten aldaketak sartu ditu. Auzitegi Administratibo horien ahalak zeintzuk

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Chevalier, Emilie, and Olivier Dubos. "The Notion of “Transnationality” in Administrative Law: Taxonomy and Judicial Review." German Law Journal 22, no. 3 (2021): 325–43. http://dx.doi.org/10.1017/glj.2021.15.

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AbstractThis Article deals with the issues related to the judicial review of transnational acts which are adopted particularly within the context of the European integration process. The European Union is a privileged playground for the development of administrative acts of this type, primarily because of the existence of various and diverse administrative cooperation mechanisms. Transnational administrative acts are, either because of their adoption process or because of their conditions of enforcement, governed by at least two national legal orders. The question of the availability of judici

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Tripathi, Rahul. "JUDICIAL REVIEW: A STUDY IN REFERENCE TO CONTEMPORARY JUDICIAL SYSTEM IN INDIA." International Journal of Research -GRANTHAALAYAH 4, no. 5 (2016): 51–55. http://dx.doi.org/10.29121/granthaalayah.v4.i5.2016.2673.

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Judicial review is the process by which the Courts determine whether or not an administrative decision-maker has acted within the power conferred upon him or her by Parliament. That places the question of statutory construction at the heart of the enquiry. The Supreme Court enjoys a position which entrusts it with the power of reviewing the legislative enactments both of Parliament and the State Legislatures. This grants the court a powerful instrument of judicial review under the constitution. Research reveals that the Supreme Court has taken in hand the task of rewriting the Constitution, wh

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Hoffman, István. "Application of Administrative Law in the Time of Reforms in the Light of the Scope of Judicial Review in Hungary." Studia Iuridica Lublinensia 29, no. 3 (2020): 101. http://dx.doi.org/10.17951/sil.2020.29.3.101-116.

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<p class="Default">The Hungarian legal system and especially the administrative law is in the state of permanent change. This constantly transforming environment is a challenge for the rule of law. Every significant field of administrative law is impacted by these changes – even the judicial review model of the administrative decisions. The author analyzes the impact of these changes – especially from the last three years – on the application of administrative law. The issues raised in the article are focused on the transformation of the procedural rules, in particular on the impact of t

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46

Williams, RC. "The Concept of a "Decision" as the Threshold Requirement for Judicial Review in terms of the Promotion of Administrative Justice Act." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 5 (2017): 229. http://dx.doi.org/10.17159/1727-3781/2011/v14i5a2603.

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The Promotion of Administrative Justice Act 3 of 2000 defines administrative action as “any decision [of a specified kind]" taken by specified persons or entities. The Act goes on to define decision as “any decision of an administrative nature made, proposed to be made, or required to be made, as the case may be”, including certain specified categories of decision. The decision in Bhugwan v JSE Ltd 2010 3 SA 335 (GSJ) highlights the distinction between a “decision”, as so defined (which may be amenable to judicial review in terms of the Act) and an inchoate decision (that is not amenable to su

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47

Peiris, G. L. "Judicial review and immigration policy: emerging trends." Legal Studies 8, no. 2 (1988): 201–28. http://dx.doi.org/10.1111/j.1748-121x.1988.tb00550.x.

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Some recent attitudes to the scope of judicial review in the field of immigration policy represent a sharp contrast with the trends which typify the current renaissance in administrative law. The conspicuous features of modern developments are the range and intensity ofjudicial initiatives in expanding, almost beyond recognition, the parameters within which the exercise of supervisory jurisdiction is warranted in principle. Despite some suggestions to the contrary, it is not altogether satisfactory to regard the revamped notion oferror oflaw as an organising principle which supplants review me

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Sidharta, Noor, Sudarsono Sudarsono, I. Nyoman Nurjaya, and Bambang Sugiri. "Judicial Preview on the Bill on International Treaty Ratification." Constitutional Review 3, no. 1 (2017): 24. http://dx.doi.org/10.31078/consrev312.

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This research is aimed to find and introduce a new idea on the state administration, which has implications on the international treaty ratification procedure followed by Indonesia and additional authorizations of the Constitutional Court of the Republic of Indonesia. The judicial preview in this research is an international treaty examination procedure by the Constitutional Court before an international treaty is transformed into a law, i.e. such international treaty is a Bill. The judicial preview shall have different terms in each country, such as Review ex ante, abstract review, judicial r

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Boughey, Janina. "The Reasonableness of Proportionality in the Australian Administrative Law Context." Federal Law Review 43, no. 1 (2015): 59–90. http://dx.doi.org/10.22145/flr.43.1.3.

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Abstract:

Although the High Court has never ruled on the issue, the prevailing view has been that unless parliaments enact bills of rights, the principle of proportionality does not and cannot play a role in judicial review of administrative decisions in Australia. Yet in Minister for Immigration and Citizenship v Li, a majority of the High Court hinted that this may not be the case. This article analyses the reasons for Australia's longstanding reluctance to embrace proportionality in the administrative law context, and whether the decision in Li has altered this position. It then explores overseas dev

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Nugroho, Wahyu. "INTERACTIONS BETWEEN LEGAL SYSTEMS IN THE JUDICIAL PROCESS OF KENDENG CASE (A CRITICAL ANALYSIS OF ACCESS TO JUSTICE)." Diponegoro Law Review 3, no. 1 (2018): 15. http://dx.doi.org/10.14710/dilrev.3.1.2018.15-27.

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Abstract:

The Indonesian state has the characteristic of legal system plurality in a national legal system, it is interesting to be observed from law making, licencing, law implementation, to judiciary process. State organizers in the context of government (executive power) as the licensors of business activities and the judiciary (judicial power) State Administration, as absolute competence over the objects of environmental administration disputes require optical and comprehensive holistic understanding, amidst the very diverse conditions of the legal system (legal pluralism) and a pluralistic society

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