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Key research themes
1. How does judicial oversight regulate administrative rule-making and discretion?
This research theme explores the evolving legal doctrines and judicial attitudes towards administrative rule-making and the exercise of discretionary powers by government agencies. It is important because administrative discretion and informal rule-making are central to modern governance, yet insufficiently controlled discretion can lead to bureaucratic injustice and unfairness. Understanding judicial oversight mechanisms and principles such as the no-fettering rule or legitimate expectations informs the balance between administrative efficiency and legal accountability.
Key finding: This study observes an increasing judicial willingness to scrutinize substantive agency decisions, including technical matters traditionally left to agency expertise, reflecting changing court attitudes towards agency... Read more
Key finding: This paper distinguishes administrative adjudication from judicial review, emphasizing that administrative adjudication involves agencies resolving disputes through quasi-judicial processes, while judicial review entails... Read more
Key finding: Analyzing the Indian administrative law context, this work finds that judicial review serves as a constitutional mechanism to check administrative actions violating statutory or constitutional mandates, focusing on preventing... Read more
Key finding: The paper distinguishes between administrative decision-making and review processes and catalogs empirical research on judicial oversight of rule-making and administration. It notes substantial attention has been given to... Read more
2. What institutional structures support independent and specialized administrative judiciary?
This theme investigates the arrangements, organization, and institutional frameworks that underpin administrative courts and tribunals, focusing on their independence, specialization, and integration within national and supranational legal systems. The structure and status of administrative courts influence their capacity to provide effective judicial protection against administrative wrongs and to ensure fair review of government action, which is vital in upholding the rule of law and delivering justice in administrative matters.
Key finding: The paper examines Article III specialized courts in the U.S. and their role in reviewing administrative actions, discussing how specialized tribunals affect the broader system of administrative lawmaking and congressional... Read more
Key finding: Focusing on Ukraine, this article outlines that district administrative courts are key components of the specialized administrative justice system aimed at protecting human rights against administrative violations. It reveals... Read more
Key finding: Through a nuanced exploration, the author argues that administrative judges differ significantly from traditional judiciary in their institutional and ethical roles, creating unique challenges for judicial independence. The... Read more
Key finding: This study analyzes administrative judiciary models in Visegrad countries vis-à-vis European standards, demonstrating how judicial dialogue facilitated by convergence of institutional frameworks enhances compliance with human... Read more
Key finding: Examining Poland's accession to the EU, the article finds that integration into the EU legal order transformed the domestic administrative judiciary from a monocentric to a multicentric system, where national and EU law... Read more
3. How do principles of the rule of law interface with administrative justice frameworks?
This theme explores the historical and contemporary interactions between the rule of law and administrative justice, considering how legal principles constrain administrative power and protect individuals from arbitrariness. The significance lies in understanding how different administrative systems operationalize concepts like legality, fairness, and accountability, and how globalization and modern administrative repression challenge these principles.
Key finding: The chapter demonstrates that the rule of law and administrative justice have historically exhibited tension but have evolved towards convergence as administrative justice systems embed rule of law principles through limiting... Read more
Key finding: Drawing on legal history and empirical research, this paper argues that citizens’ rising expectations of justice have led to expanded administrative agencies and specialized decision-making. It proposes a typology of... Read more
Key finding: Analyzing interwar Poland, the study reveals how the Supreme Administrative Tribunal’s rulings played a vital role in addressing inconsistencies and deficiencies in civil status registration systems, thereby supporting... Read more
Key finding: This work outlines the foundational role of administrative law in controlling public power and ensuring fair administrative processes. It elaborates how principles like natural justice, separation of powers, and legal... Read more
Key finding: The paper confirms that expertise plays a critical role in ensuring administrative decisions comply with rule of law requirements by informing fact-finding in specialized areas beyond the knowledge of administrative... Read more