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Administrative Tribunals and Adjudication

ISBN13: 9781841130095
Published: August 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781849460910

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Among the many constitutional developments of the past century or so, one of the most significant has been the creation and proliferation of institutions that perform functions similar to those traditionally performed by courts, but which are considered to be, and in some ways are, different and distinct from courts as traditionally conceived. With their origins traceable as far back as 1066, these institutions - known in the UK and elsewhere as 'tribunals', but identified in US by the offices of administrative law judge ('ALJ') and administrative judge ('AJ') - are responsible for adjudicating disputes between citizens and government, reviewing government decisions that adversely affect the citizen.

This function, described as 'administrative adjudication', is performed by both courts ('judicial review') and 'administrative' tribunals but quantitatively tribunals are much more important than courts as dispensers of 'administrative justice'.

This new book, by one of the world's leading administrative law experts, is the first modern work to examine administrative tribunals in all their aspects. Commencing with a history of these tribunals, the book goes on to examine in detail the different models employed in the UK, US, Australia and France. Further chapters review the wide range of form, function and purpose characterising tribunals in these jurisdictions. A final chapter offers conclusions and an assessment of their future role and significance.

Constitutional and Administrative Law
1. Survey
1.1 The Project
1.2 Administrative Tribunals and Administrative Adjudication
1.2.1 The AAT is not a court
1.2.2 The AAT reviews decisions
1.2.3 The AAT's jurisdiction
1.3 The Plan of the Book
1.4 Conclusion
2. History
2.1 Introduction
2.2 1066 to 1800
2.3 19th and 20th Centuries
2.3.1 The UK
2.3.2 The US
2.3.3 Australia
2.4 Conclusion
3. Models
3.1 The UK Model
3.2 The US Model
3.3 The Australian Model
3.4 The French Model
3.5 Conclusion
4. Form
4.1 Membership, Appointments and Composition
4.1.1 Membership Expertise and Specialisation The US The UK Australia The Tasks of Non-court Administrative Adjudicators
4.1.2 Appointment Processes
4.1.3 Composition
4.2 Separation and Independence
4.2.1 The UK
4.2.2 Australia
4.2.3 The US
4.3 Structure and Systematisation
4.3.1 Jurisdictional Specialisation Patterns of Specialisation The Theory of Specialisation and Amalgamation
4.3.2 Supervision and Accountability Hierarchical Supervision External Supervision
4.4 Conclusion
5. Function
5.1 Introduction
5.2 Categorising Governance Functions: the Legacy of Montesquieu
5.3 Merits Review
5.3.1 Merits Review is a Mode of Review
5.3.2 The Substantive Element of Merits Review The 'Correct or Preferable' Formula The Basis of Merits Review
5.3.3 The Procedural Element of Merits Review
5.3.4 The Remedial Element of Merits Review
5.4 Merits Review and Judicial Review
5.5 The 'Normative Function' of Merits Review and the AAT
5.6 Merits Review Outside the AAT
5.7 The Nature of Tribunal Review in Comparator Jurisdictions
5.7.1 The UK
5.7.2 The US
5.8 Conclusion
6. Purpose
6.1 What is Administrative Justice?
6.2 A Formula for Administrative Justice in Tribunals?
6.3 Jurisdiction
6.4 Standing
6.5 Processes
6.5.1 The Paradigm Mode of Decision-Making The Reviewer The Respondent
6.5.2 Alternatives to the Paradigm Mode
6.6 Resources
6.7 Conclusion
7. Landscape
7.1 The Accountability 'Sector'
7.2 Tribunals and Ombudsmen
7.3 Tribunals and Internal Review
7.4 Tribunals and Courts
7.4.1 Australia
7.4.2 The US
7.4.3 The UK
7.4.4 Re-conceiving the Relationship Between Courts and
7.5 Tribunals and ADR/PDR
7.6 Conclusion