The Sound Of Silence In European Administrative Law

This book examines administrative silence in a comparative manner in the EU law and 13 jurisdictions from Europe. Administrative silence is an issue that lies at the intersection of legal and managerial aspects of public administration, a concept that is both reflecting and testing the principles of legal certainty, legality, good administration, legitimate expectations, and effectiveness. Inactivity or excessive length of proceedings appears to be of interest for comparisons, particularly in the context of the recent attempts to develop European convergence models. The book offers in-depth insights into legal regulation, theory, case law and practice regarding positive and negative legal fictions in the selected European jurisdictions.

"The core animating feature of administrative justice scholarship is the desire to understand how justice is achieved through the delivery of public services and the actions, inactions, and decision-making of administrative bodies. The study of administrative justice also encompasses the redress systems by which people can challenge administrative bodies to seek the correction of injustices. For a long time now, scholars have been interested in administrative justice, but without necessarily framing their work as such. Rather than existing under the rubric of administrative justice, much of the research undertaken has existed within sub-categories of disciplines, such as law, sociology, public policy, politics, and public administration. Consequently, although aspects of the topic have attracted rich contributions across such disciplines, administrative justice has rarely been studied or taught in a manner that integrates these areas of research more systematically. This Handbook signals a major change of approach. Drawing together a group of world-leading scholars of administrative justice from a range of disciplines, The Oxford Handbook of Administrative Justice shows how administrative justice is a vibrant, complex, and contested field that is best understood as an area of inquiry in its own right, rather than through traditional disciplinary silos"--

Presents a comparison of the development in European and English law of two legal principles, legitimate expectations and proportionality, against the different traditions of administrative law. Looks at case law of the English courts and the European Court of Justice, and explains why English courts have been troubled by legitimate expectations and proportionality and how such difficulties can be resolved. Suggests that problems associated with these principles are connected to different cultural approaches to the appropriate role of law in the modern state. Of interest to administrative lawyers. The author teaches law at the University of Manchester. Distributed by ISBS. c. Book News Inc.

The proper functioning of the EU financial market is protected by public actors - both national and supranational - responsible for rulemaking and supervision of investment firms and other private actors. At the same time the effectiveness of the EU legal system requires vigilance from private actors such as investment firms but also their clients, invoking their rights before national authorities and courts. This means that investment firms have a dual role within the system, turning them into subjects of control and enforcement but also agents in the maintenance of the rule of law. Legal Accountability in EU Markets for Financial Instruments brings together a group of scholars with expertise from different legal disciplines but a shared interest for the EU internal market and the way it develops. It integrates a modern study of the form and function of EU rulemaking in the internal market after the financial crisis. The book includes an evaluation of core aspects of rulemaking in the financial market and that way provides a cross-cutting treatment of EU law. The focus of the book is set on the regulatory framework in MiFIDII and MiFIR and thematic questions around legal mechanisms for accountability and the role of investment firms in the operation of those mechanisms. It further discusses the implications for EU law and the EU legal system and gives readers a thorough understanding of the concept of accountability through its own findings.

This book examines the dynamics of the process whereby UK courts borrow principle and practice from European law.

This book examines how rhetorically effective uses of silence and materiality mediate feminist activism and discusses the implications of these dynamics for pedagogy. Specifically, the text establishes a theoretical foundation for what the author terms “psychosocial composing,” or “the metaphorical composing and revising of individual participants and society, and the contribution of written and visual texts as an input and output of the relationships between individuals and social culture.” This idea is examined through primary research on the Clothesline Project, an international event that invites ​people who have experienced gender violence (directly or indirectly) to decorate tee shirts that get hung on clotheslines in public places. Through looking at values and roles of silence in global cultures and the use ​of material arts in activist efforts, the author argues for the unique value of silence and materiality in individual and collective spaces. The manuscript includes discussion questions and sample teaching materials. Overall, making connections among composition and rhetoric, psychology, sociology, politics, women’s studies, art and design, pedagogy, and history, this book further demonstrates the potential interdisciplinary approaches to rhetoric and communication.

Hilaire Barnett’s Constitutional and Administrative Law has consistently provided students with reliable, accessible and comprehensive coverage of the Public Law syllabus. Mapped to the common course outline, the Fourteenth edition equips students with a thorough understanding of the UK constitution’s past, present and future by analysing and illustrating the political and socio-historical contexts that have shaped the major rules and principles of constitutional and administrative law, as well as ongoing constitutional reform. This edition has been fully updated and includes discussion of the consequences of the United Kingdom's withdrawal from the European Union, including the impact on the legislative supremacy of Parliament and the relationship between EU and domestic law after departure. It also features discussion of the 2020 Coronavirus Act, with its implications for state power, and ahead of the forthcoming new SQE qualification, revised multiple choice questions on the Companion Website. Ideal for students studying constitutional and administrative law for the first time, this is an indispensable guide to the challenging concepts and legal rules in public law.

Hilaire Barnett’s Constitutional and Administrative Law has provided generations of students with reliable, accessible and comprehensive coverage of the Public Law syllabus. Mapped to the common course outline, it equips students with an understanding of the constitution’s past, present and future by analysing and illustrating the political and socio-historical contexts which have shaped the major legal rules and principles of public law, as well as on-going constitutional reform. The 12th edition will address key recent developments including: The referendum result on the UK’s membership of the EU and its ongoing impact on constitutional and administrative law The continuing process of devolution to the nations Terrorism and national security Future developments, particularly in relation to 'Brexit' will be discussed in regular updates to the companion website.