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The Nature of Inquisitorial Processes in Administrative Regimes
DOI link for The Nature of Inquisitorial Processes in Administrative Regimes
The Nature of Inquisitorial Processes in Administrative Regimes book
The Nature of Inquisitorial Processes in Administrative Regimes
DOI link for The Nature of Inquisitorial Processes in Administrative Regimes
The Nature of Inquisitorial Processes in Administrative Regimes book
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ABSTRACT
’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.
TABLE OF CONTENTS
part |2 pages
Part 1 Inquisitorial Hearing Processes in Administrative Law – Comparative Perspectives
chapter 2|22 pages
Pragmatism v Policy: Attitude of Australian Courts and Tribunals to Inquisitorial Process Robin Creyke
chapter 3|20 pages
From “Adversarial v Inquisitorial” to “Active, Enabling, and Investigative”: Developments in UK Administrative Tribunals
chapter 4|22 pages
Administrative Justice and Innovation: Beyond the Adversarial/ Inquisitorial Dichotomy
chapter 5|20 pages
Inquisitorial Adjudication and Mass Justice in American Administrative Law
chapter 6|12 pages
About the Inquisitorial Character of Administrative Litigation Procedure in French Law
chapter 7|30 pages
Inquisitorial Approaches to Refugee Protection Decision-making: The Australian Experience and Possible Lessons for Canada
part |2 pages
Part 2 EU Administrative Law and Polyjural Decision-making
chapter 8|14 pages
Inquisitorial Procedures and General Principles of Law: The Duty of Care in the Case Law of the European Court of Justice
chapter 9|26 pages
The European Union and the “Legitimate Use of Force”: Administrative Inspections and Legal Safeguards
part |2 pages
Part 3 Truth Commissions and Public Inquiries I – Views of Commissioners
chapter 10|10 pages
Reflections on the Public Inquiry into Pediatric Forensic Pathology in Ontario
part |2 pages
Part 4 Truth Commissions and Public Inquiries II – Observers’ Reflections
chapter 13|28 pages
Australian Royal Commissions and Public Inquiries: Their Use and Abuse and Proposals for Reform
part |2 pages
Part 5 Hybrid Models of Oversight – Specialized Ombuds, Legislative Officers and Investigations