Controlling Public Power

Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

An historical and comparative explanation of some puzzling differences between the administrative law of England, the USA and Australia.

There is a vacuum of philosophy to make sense of a world dominated by a disorderly global economy, by science and engineering, by ideologies, and by popular culture. There is a vacuum of law to bring order to relations between states that are more threatening than they have ever been. Thomas More’s Utopia (1516) re-thought everything in another difficult new world. Philip Allott’s Eutopia (2016) reclaims the best of human thought to empower us in making a better human world.

Real places and events are constructed and used to symbolize abstract formulations of power and authority in politics, corporate practice, the arts, religion, and community. By analyzing the aesthetics of public space in contexts both mundane and remarkable, the contributors examine the social relationship between public and private activities that impart meaning to groups of people beyond their individual or local circumstances. From a range of perspectives--anthropological, sociological, and socio-cultural--the contributors discuss road-making in Peru, mass housing in Britain, an unsettling traveling exhibition, and an art fair in London; we explore the meaning of walls in Jerusalem, a Zen garden in Japan, and religious themes in Europe and India. Literally and figuratively, these situations influence the ways in which ordinary people interpret their everyday worlds. By deconstructing the taken for- granted definitions of social value (democracy, equality, individualism, fortune), the authors reveal the ideological role of imagery and imagination in a globalized political context.

During the past decade, administrative law has experienced remarkable development. It has consistently been one of the most dynamic and potent areas of legal innovation and of judicial activism. It has expanded its reach into an ever broadening sphere of public and private activities. Largely through the mechanism of judicial review, the judges in several jurisdictions have extended the ambit of the traditional remedies, partly in response to a perceived need to fill an accountability vacuum created by the privatisation of public enterprises, the contracting-out of public services, and the deregulation of industry and commerce. The essays in this volume focus upon these and other shifts in administrative law, and in doing so they draw upon the experiences of several jurisdictions: the UK, the US, Canada, Australia and New Zealand. The result is a wide-ranging and forceful analysis of the scope, development and future direction of administrative law.