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FIRST PRIZE WINNER OF THE SLS BIRKS PRIZE FOR OUTSTANDING LEGAL SCHOLARSHIP 2011 How are we to assess and evaluate the quality of the tribunal systems that do the day-to-day work of adjudicating upon the disputes individuals have with government? This book examines how the idea of adjudicative quality works in practice by presenting a detailed case-study of the tribunal system responsible for determining appeals lodged by foreign nationals who claim that they will be at risk of persecution or ill-treatment on return to their country of origin. Over recent years, the asylum appeal process has become a major area of judicial decision-making and the most frequently restructured tribunal system. Asylum adjudication is also one of the most difficult areas of decision-making in the modern legal system. Integrating empirical research with legal analysis, this book provides an in-depth study of the development and operation of this tribunal system and of asylum decision-making. The book examines how this particular appeal process seeks to mediate the tension between the competing values under which it operates. There are chapters examining the organisation of the tribunal system, its procedures, the nature of fact-finding in asylum cases and the operation of onward rights of challenge. An examination as to how the tensions inherent in the idea of administrative justice are manifested in the context of a tribunal system responsible for making potentially life or death decisions, this book fills a gap in the literature and will be of value to those interested in administrative law and asylum adjudication
Asylum, Right of --- Refugees --- Administrative courts --- Administrative remedies --- Legal status, laws, etc. --- Evaluation. --- Rules and practice.
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Asylum, Right of --- Asians --- Immigration enforcement --- Administrative courts --- Forensic anthropology --- Legal status, laws, etc.
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Evidence. --- Administrative law. --- Administrative courts. --- EVIDENCE --- DIRECTORIES --- TESTIMONY --- JUSTICE --- DMINISTRATIVE LAW --- COMPARATIVE ANALYSIS
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International administrative law, or more precisely the law of the international civil service, has been the focus of increased attention in recent years. A part of the discussion has focused on the design of the justice mechanisms of international organizations, exemplified by the overhaul of the internal justice system of the United Nations in 2009. The internal justice systems of some international organizations have been subjected to scrutiny before some national courts, and the role and contribution of international administrative tribunals to the development of the law continue to be an important part of discussions of good governance and accountability of international organizations. The essays in this book, written by judges, practitioners, academics and other experts, address these and other issues.
International administrative courts. --- International organizations. --- Judicial review of administrative acts. --- Administrative acts --- Associations, International --- IGOs (Intergovernmental organizations) --- Institutions, International --- Intergovernmental organizations --- International administration --- International associations --- International governmental organizations --- International institutions --- International organizations --- International unions --- Organizations, International --- Specialized agencies of the United Nations --- International cooperation --- Interorganizational relations --- Non-state actors (International relations) --- International organization --- Administrative courts, International --- Administrative international courts --- Administrative courts --- International courts --- World Bank. --- World Bank Administrative Tribunal --- International administrative courts --- International agencies --- Judicial review of administrative acts --- Inter-governmental organizations
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Law --- Jurisprudence. --- Administrative courts --- Judicial review of administrative acts --- Philosophy. --- Jurisprudence --- Philosophy --- constitutional law --- fundamental rights --- democracy
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Nineteenth-century governments faced considerable challenges from the rapid, novel and profound changes in social and economic conditions resulting from the industrial revolution. In the context of an increasingly sophisticated and complex government, from the 1830s the specialist and largely lay statutory tribunal was conceived and adopted as the principal method of both implementing the new regulatory legislation and resolving disputes. The tribunal's legal nature and procedures, and its place in the machinery of justice, were debated and refined throughout the Victorian period. In examining this process, this 2007 book explains the interaction between legal constraints, social and economic demand and political expediency that gave rise to this form of dispute resolution. It reveals the imagination and creativity of the legislators who drew on diverse legal institutions and values to create the new tribunals, and shows how the modern difficulties of legal classification were largely the result of the institution's nineteenth-century development.
Administrative courts --- Justice, Administration of --- Administration of justice --- Law --- Courts --- Administrative tribunals --- Courts, Administrative --- Tribunals, Administrative --- Administrative law --- Administrative procedure --- History --- Law and legislation --- General and Others
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Canadian legislatures regularly assign what are truly court functions to non-court, government tribunals. These executive branch "judicial" tribunals are surrogate courts and together comprise a little-known system of administrative justice that annually makes hundreds of thousands of contentious, life-altering judicial decisions concerning the everyday rights of both individuals and businesses. This book demonstrates that, except perhaps in Quebec, the executive branch's administrative justice system is a justice system in name only. Failing to conform to rule-of-law principles or constitutional norms, its judicial tribunals are neither independent nor, in law, impartial and are only providentially competent. Unjust by Design describes a system in transcendent need of major restructuring. Written by a respected critic, it presents a modern theory of administrative justice fit for that purpose. It also provides detailed blueprints for the changes the author believes would be necessary if justice were to in fact assume its proper role in Canada's administrative justice system.
Administrative courts --- Due process of law --- Access to justice (Due process of law) --- Procedural due process --- Substantive due process --- Civil rights --- Justice, Administration of --- Administrative tribunals --- Courts, Administrative --- Tribunals, Administrative --- Administrative law --- Administrative procedure --- Courts
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Today, a majority of asylum cases are arguably decided on the basis of evidentiary assessment rather than issues of material law. Although the EU-wide Common European Asylum System purports to harmonise domestic practices at a minimum level, it fails to offer remedies for this crucial issue, which poses challenges for practitioners and academics alike. Without a coherent approach to evidentiary assessment, asylum law will remain fragmented and open to discretionary excess. Up to now, academic research has not addressed issues of proof and credibility in the asylum procedure to an extent reflecting its practical importance. This edited volume attempts to fill the void. Academic experts on the theory of evidence, international criminal law, human rights law, refugee law, sociology of law and psychology have contributed chapters exploring both empirical and normative dimensions of evidentiary assessment. Drawing on the results of a 12-month research project within the framework of the Refugee Research Programme and of three interdisciplinary expert conferences held at the Danish Centre for Human Rights, Copenhagen, the Institute for International Integration Studies, Dublin, and the Faculty of Law, Lund, this volume sets new parameters for an informed debate on evidence in asylum cases.
Asylum, Right of. --- Evidence (Law) --- Administrative courts. --- Political refugees. --- Asylum seekers --- Refugees, Political --- Refugees --- Administrative tribunals --- Courts, Administrative --- Tribunals, Administrative --- Administrative law --- Administrative procedure --- Courts --- Extrinsic evidence --- Parol evidence --- Trial evidence --- Actions and defenses --- Judicial process --- Trial practice --- Estoppel --- Asylum, Right of --- Right of asylum --- Sanctuary (Law) --- Defection --- Deportation --- Extradition --- Law and legislation --- Legal status, laws, etc. --- Administrative courts --- Political refugees --- #KVHA:Asielprocedure --- #KVHA:Gerechtstolken --- #KVHA:Tolken --- #KVHA:Vertaalwetenschap
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Law - Non-U.S. --- Law, Politics & Government --- Law - Europe, except U.K. --- Finance, Public --- Administrative law --- Administrative courts --- Law and legislation --- Administrative tribunals --- Courts, Administrative --- Tribunals, Administrative --- Administration --- Law, Administrative --- Public administration --- Cameralistics --- Public finance --- Administrative procedure --- Courts --- Public law --- Constitutional law --- Currency question --- Public finances --- constitutional law --- fundamental rights --- democracy
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This comprehensive book traces the growth of labour jurisprudence in India and. provides a clear understanding of the content of these principal judgements. The Supreme Court of India has always had pro-socialist judges, the most prominent. of them being Justice V R Krishna Iyer. His contributions to labour jurisprudence. are legendary. This book analyses and critiques the most important judgements. delivered by Justice Iyer from the perspective of social justice. The judgements. are arranged contextually in accordance with the subject and within the framework. of prevailing industrial laws. T
Labor laws and legislation --- Judicial power --- Judges --- Labor courts --- Courts, Industrial --- Courts, Labor --- Industrial courts --- Administrative courts --- Courts of special jurisdiction --- Labor disputes --- Arbitration, Industrial --- Alcaldes --- Cadis --- Chief justices --- Chief magistrates --- Justices --- Magistrates --- Courts --- Legal status, laws, etc. --- Officials and employees --- Krishna Iyer, V. R.,
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