Due Process of Law Beyond the State: Requirements of Administrative Procedure by

Description: Due Process of Law Beyond the State by Giacinto della Cananea Analysing both national and transnational processes, this volume offers an integrated viewpoint of the principles governing the procedural due process requirements of regional and global regulatory regimes. FORMAT Hardcover LANGUAGE English CONDITION Brand New Publisher Description Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those publicauthorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization. Analysing the procedural due process requirementsapplicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, suchas good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect wheninterpreting standards of justice. Author Biography Giacinto della Cananea is Professor of Administrative law and EU Administrative Law at the University of Rome "Tor Vergata ". Professor della Cananea is a founding member of the steering committee of RENEUAL, the network on EU administrative law and was formerly a Visiting Professor at Yale Law School. He is interested in how different legal systems evolve when facing similar problems and how they interact with each other either directly or through regional andglobal regimes. Table of Contents 1: Administrative Justice: A Transnational PerspectivePart I - Requirements of Administrative Due Process2: The Requirement to Carry Out a Procedure3: Audi Alteram Partem4: The Giving Reasons RequirementPart II - The Rationales for Due Process Requirements5: Variety of Rationales for Due Process Requirements6: Dignity and Participation7: Sound Administration and CooperationPart III - A Theory of Administrative Due Process Beyond the State8: Administrative Due Process: A Conceptual Analysis9: Administrative Due Process as a General Principle of Public Law10: Administrative Due Process as a General Principle of Public Law Review What is striking about this well-focused book is that it evinces little need to comment on other scholarly efforts, or to quibble with terminology, but instead confidently distills a coherent vision which is obviously the fruit of much research, and gives clear indications of the concrete effects on the decision-making process that would flow from acceptance of this vision. The result is a volume which is likely to help and influence readers who are confronted with specific questions. * Jan Paulsson, Journal of World Investment & Trade * Promotional Compares the requirements of due process nationally and transnationally, focusing on the requirement to carry out a procedure, the right to be heard within such procedure, and the giving reasons requirement Long Description Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those publicauthorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization. Analysing the procedural due process requirementsapplicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, suchas good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect wheninterpreting standards of justice. Review Quote "What is striking about this well-focused book is that it evinces little need to comment on other scholarly efforts, or to quibble with terminology, but instead confidently distills a coherent vision which is obviously the fruit of much research, and gives clear indications of the concrete effects on the decision-making process that would flow from acceptance of this vision. The result is a volume which is likely to help and influence readers who are confronted with specific questions." -- Jan Paulsson, Journal of World Investment & Trade Feature Compares the requirements of due process nationally and transnationally, focusing on the requirement to carry out a procedure, the right to be heard within such procedure, and the giving reasons requirementArgues that there is a distinct set of rationales for regional and global regulatory due process requirementsDistinguishes administrative due process of law from other notions with which it is commonly associated, such as the principle of legality and the prohibition of arbitrarinessAsserts in both normative and empirical terms that due process can be regarded as a principle of law in the current global legal environment Details ISBN019878838X Publisher Oxford University Press Year 2016 ISBN-10 019878838X ISBN-13 9780198788386 Format Hardcover Subtitle Requirements of Administrative Procedure Place of Publication Oxford Country of Publication United Kingdom DEWEY 341 Short Title Due Process of Law Beyond the State Language English Publication Date 2016-09-22 UK Release Date 2016-09-22 NZ Release Date 2016-09-22 Author Giacinto della Cananea Imprint Oxford University Press Audience Postgraduate, Research & Scholarly AU Release Date 2016-10-05 Pages 232 We've got this At The Nile, if you're looking for it, we've got it. 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