the nature of inquisitorial processes in administrative regimes global perspectives

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The Nature Of Inquisitorial Processes In Administrative Regimes

Author : Laverne Jacobs
ISBN : 9781317023319
Genre : Law
File Size : 59. 2 MB
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‘Inquisitorial processes’ refers to the inquiry powers of administrative governance and this book examines the use of these powers in administrative law across seven jurisdictions. The book brings together recent developments in mixed inquisitorial-adversarial administrative decision-making on a hitherto neglected area of comparative administrative process and institutional design. Reaching important conclusions about their own jurisdictions and raising questions which may be explored in others, the book's chapters are comparative. They explore the terminology and scope of the concept of inquisitorial process, justifications for the use of inquiry powers, the effectiveness of inquisitorial processes and the implications of the adoption of such powers. The book will set in motion continued dialogue about the inherent challenges of balancing policy goals, fairness, resources and institutional design within administrative law decision-making by offering theoretical, practical and empirical analyses. This will be a valuable book to government policy-makers, administrative law decision-makers, lawyers and academics.

Introduction To The Canadian Legal System

Author : Sasha Baglay
ISBN : 013314285X
Genre : Law
File Size : 24. 56 MB
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Introduction to the Canadian Legal System goes beyond the mere outline of the basics and seeks to help students challenge and question legal rules. It includes a variety of case studies that exemplify the workings of the law and help students see the connections between the discussed rules and real life.

Access To Justice

Author : Ellie Palmer
ISBN : 9781849469333
Genre : Law
File Size : 85. 21 MB
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Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.

Power Through Testimony

Author : Brieg Capitaine
ISBN : 9780774833929
Genre : Social Science
File Size : 31. 77 MB
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Power through Testimony documents how survivors are remembering and reframing our understanding of residential schools in the wake of the 2007 Indian Residential Schools Settlement Agreement, which includes the Truth and Reconciliation Commission, a forum for survivors, families, and communities to share their memories and stories with the Canadian public. The commission closed and reported in 2015, and this timely volume reveals what happened on the ground. Drawing on field research during the commission and in local communities, the contributors reveal how survivors are unsettling colonial narratives about residential schools and how churches and former school staff are receiving or resisting the new “residential school story.”

International Perspectives On Crime And Justice

Author : K. Jaishankar
ISBN : 9781443801980
Genre : Law
File Size : 39. 95 MB
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In a world of growing interdependence, crimes are no longer confined by national boundaries. In this context, the necessity to understand criminological developments across the globe becomes imperative. This book aims to offer cross-cultural perspectives of different criminological issues and criminal justice systems operating worldwide. This book emphasizes the collective understanding of criminological problems from an international perspective. This book is a quintessence of contemporary criminological developments, with a global outlook. The book is an edited volume of articles collected from criminologists all over the world. It is a peer reviewed collection. The chapters focuses on various criminological issues such as Bullying, Child abuse, Corrections (Institutional and Community), Cyber crimes, Corporate crime, Corruption, Costs of crime, Crime Analysis, Crime prevention, Crime Mapping and GIS, Criminal justice systems, Environmental crime, Ethnic/communal/caste conflicts, Family violence, Fear of crime, High tech crimes, Homicide, Human trafficking, Juvenile Delinquency, Organized crime, Offenders including women offenders, Policing, Prisons, Public attitudes, Restorative justice, Sexual assault, Stalking, Theories of crime, Transnational crime, Victimology, Violence, White collar crime, and Workplace violence.The book aims to provide theoretical frameworks and pragmatic discussions on Criminology and Criminal Justice. It is intended for Academics, Criminal Justice professionals, and Graduate Students who want to improve their understanding of the issues and challenges that arise when issues related to criminology and criminal justice cross national boundaries. Also, practitioners and academics of allied fields like sociology, psychology, geography, political science, public administration and forensic sciences whose research interests include either crime/criminal justice system/Victim or crime analysis will find this book useful."The comprehensive framework of this book means that it provides a rich variety of international perspectives on an array of crime and justice-related issues. The thirty chapters presented here are a treasure trove of insights in terms of both topical variety and approaches within topic. Dr. Jaishankar has assembled a valuable collection of readings that will find broad acceptance internationally." Prof. Keith Harries (From the Foreword)

Exclusion Of Judicial Review

Author : Abdul Ahad Wani
ISBN : UOM:39015028935438
Genre : Judicial review of administrative acts
File Size : 30. 42 MB
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Comparative study of British and Indian law.

Sovereign Choices And Sovereign Constraints

Author : Gus Van Harten
ISBN : 9780199678648
Genre : Law
File Size : 20. 15 MB
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The role of investment arbitration is a controversial issue, as it is increasingly seen as a system in which private arbitrators adjudicate on the public law decisions of states. This book provides an empirical study of the function of investment arbitration, how it is impacting on international law, and the ways in which it is in need of reform.

Refugee Law S Fact Finding Crisis

Author : Hilary Evans Cameron
ISBN : 9781108561051
Genre : Political Science
File Size : 46. 2 MB
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At a time when many around the world are fleeing their homes, seeking refugee protection has become a game of chance. Partly to blame is the law that governs how refugee status decision-makers resolve their doubts. This long-neglected branch of refugee law has been growing in the dark, with little guidance from the Refugee Convention and little attention from scholars. By looking closely at the Canadian jurisprudence, Hilary Evans Cameron provides the first full account of what this law is trying to accomplish in a refugee hearing. She demonstrates how a hole in the law's normative foundations is contributing to the dysfunction of one of the world's most respected refugee determination systems, and may well be undermining refugee protection across the globe. The author uses her findings to propose a new legal model of refugee status decision-making.

Inquisitorial Processes In Australian Tribunals

Author : Narelle Bedford
ISBN : 1875527478
Genre : Administrative courts
File Size : 54. 18 MB
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"This paper explores the meaning of 'inquisitorial' in civil law jurisdictions, and assesses whether the European model has been faithfully adopted in the context of Australian tribunals. In light of the negative answer to that question, the paper next considers what descriptor should be used for Australian tribunals not operating in an adversary mode and what flows from the allocation of the label 'inquisitorial'. The views of Australian federal courts and key tribunals are examined to give practical content to what is meant in Australia in describing a tribunal's procedures as 'inquisitorial'". -- p. 1.

That The World May Know

Author : James Dawes
ISBN : 9780674030275
Genre : Political Science
File Size : 32. 71 MB
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What can we do to prevent more atrocities from happening in the future, and to stop the ones that are happening right now? That the World May Know tells the powerful and moving story of the successes and failures of the modern human rights movement. Drawing on firsthand accounts from fieldworkers around the world, the book gives a painfully clear picture of the human cost of confronting inhumanity in our day.

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