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. How are we to assess and evaluate the quality of the tribunal systems that do the day-to-day work of adjudicating the disputes individuals have with government? This highly topical book examines how the idea of adjudicative quality works 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. Integrating empirical research with legal analysis, the book provides an in-depth study of the development and operation of the tribunal system and of asylum decision-making. It examines how this particular appeal process seeks to mediate the tension between the competing values under which it operates. The book looks at the organization of the tribunal system, its procedures, the nature of fact-finding in asylum cases, and the operation of onward rights of challenge. It also looks at 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. Filling a gap in this area of study, the book will be of value to all those interested in administrative law and asylum adjudication. This book is the First place winner of the Society of Legal Scholars Birks Prize for Outstanding Legal Scholarship 2011.
Article III requires federal judges who exercise federal jurisdiction to be given life tenure and undiminished compensation, limiting Congress's ability to influence the judiciary.
Recent research confirms the growing scale and frequency of land use conflicts. Such conflicts primarily affect rural areas and farmland due to urban expansion or transformations towards ...multifunctionality. This paper, therefore, aims to identify changes in the scale and structure of farmland use conflicts among the three main competing functions (production, consumption and protection) drawing upon Holmes’ conceptualisation of the multifunctional countryside. Unlike other research, based mainly on qualitative case studies, we use Shannon entropy and the administrative courts’ database in Poland to analyse farmland use conflicts in a quantitative approach. Our results show the growing dynamics and changing conflict structure observed in time and space but also, to some extent, depending on the composition and configuration of land functions. The findings also prove the importance of (EU, large-scale, nationwide) agricultural and environmental policies in increasing the number of conflict cases. A shift in the conflict line is observed from mainly production-consumption conflicts to conflicts within a single function (production-production) and production-protection conflicts. The changing structure of farmland use conflicts is shaped by the level of development of the production function considered in terms of size and ownership structures as well as its economic performance. In light of this study, land use conflicts, often perceived as socially undesirable, are not necessarily unfavourable, as they manifest a growing capacity to engage in dispute and include weak, forgotten or intentionally excluded actors in the process of building resistance.
•The revealed and formalised land use conflicts are approached quantitatively.•Shannon entropy and the administrative courts’ database were used.•Composition of land functions determines the dynamics and structure of conflicts.•EU agricultural and conservation policies translate into growing scale of conflicts.•Growing scale of conflicts reflects building of resistance by less capable actors.
Where does the state come from? Two canonical answers have been interstate wars and contracts between rulers and the ruled in the early modern period. New scholarship has pushed back the historical ...origins of the European state to the Middle Ages, and focused on domestic institutions such as parliaments, universities, the law, inheritance rules, and cities. It has left open questions of the causes of territorial fragmentation, the structural similarities in state administrations, and the policy preoccupations of the state. One answer is a powerful but neglected force in state formation: the medieval Church, which served as a rival for sovereignty, and a template for institutional innovations in court administrations, the law, and the formation of human capital. Church influence further helps to explain why territorial fragmentation in the Middle Ages persisted, why royal courts adopted similar administrative solutions, and why secular states remain concerned with morality and social discipline.
On 16 June 2021, as a result of a cassation appeal, the Supreme Administrative Court (SAC) ruled that the reputation of a trademark is not determined by its qualitative aspects. This position should ...not come as a surprise, two decades after the judgment in the General Motors Corporation v. Yplon SA (Chevy) case. However, the justification of the SAC ruling indicates that in proceedings before the Patent Office of the Republic of Poland and Polish administrative courts, one cannot predict the exact interpretation these authorities will make. This article discusses the jurisprudence of the administrative courts in the field of the concept of trademarks with a reputation; it focuses on the quantitative and qualitative approach and refers to the scope of the binding of Polish courts by the interpretation of the law by the EU courts.
Administrative law has a remedy problem. Careful attention to procedural safeguards and standards of review in administrative cases often leaves remedial options undertheorized both in court opinions ...and in scholarly commentary. Recently, in Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, the D.C. Circuit upheld the vacatur of an easement to construct a major pipeline system known as the Dakota Access Pipeline (DAPL). In conducting its vacatur analysis, the Standing Rock court drew a key distinction: the vacatur inquiry looks to whether the agency could justify its procedural actions on remand, not whether it could justify its final decision. This approach is controversial but should become the new canon in vacatur analyses. With the Supreme Court yet to articulate its view on remand without vacatur, Standing Rock both fills the space left by the Court's silence and offers a compelling analytic model for the Court should it seek to clarify the doctrine in this important area of administrative law.
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.
In 2012, California's voters passed a ballot initiative that scaled back the state's “Three Strikes” sentencing law and permitted certain individuals who were serving 25‐to‐life prison terms to ...petition for resentencing and potentially release. Using analysis of original qualitative interview data supplemented with court administrative records, this study examines how characteristics of courtroom workgroup members; their intergroup dynamics; political, professional, and administrative considerations; and allocated resources were perceived by court officials to facilitate or impede the implementation of this reform in county courts. Availability of staff and budget was associated with a higher proportion of completed case dispositions in the first 2 years of implementation, but resources were not the only factor associated with timely case processing. Courtroom actors' seniority, experience, and professional security facilitated agreement on processes, schedules, and other details. Small, stable, close‐knit groups established routine procedures and developed expertise more quickly, but could not always avoid bottlenecks or delays. Less stable workgroups had higher rates of denial of petitions for resentencing. Positions toward Proposition 36 shaped by political, professional, or other priorities were perceived to influence some elected DAs' positions and line prosecutors' behavior, manifesting in cooperation, opposition, or mixed messages.
Since independence, the Algerian judicial organization has known many reforms in several aspects, perhaps the most important of which included theadministrative judicial structures. The latest of ...which was the establishment of administrative courts of appeal. This reform represented in establishing a degree of appeal in the field of administrative disputes that differs from the State Council, is an important step by the legislator in the way of reforms, which will have a positive impact on achieving justice.
Article III requires federal judges who exercise federal jurisdiction to be given life tenure and undiminished compensation, limiting Congress’s ability to influence the judiciary. But from the ...beginning, we have accepted certain forms of adjudication outside Article III — state courts, most obviously, but also territorial courts, administrative adjudication of public rights, and military tribunals. The question is why.
This Article attempts to provide an answer. It argues that it is a mistake to focus on the act of adjudication itself; adversary presentation about the application of law to fact is simply a procedure, and not a procedure uniquely limited to Article III courts. Instead, the constitutional question is one of government power. What kind of power has the tribunal been vested with, and what is it trying to do with that power?
With this framework in view, the structure and scope of non–Article III adjudication becomes clearer. Some courts exercise the judicial power of some other government. This is why territorial courts and state courts are constitutional. Some bodies exercise executive power, subject to the constraints reflected by the Due Process Clause. This is why administrative adjudication of public rights and military trials are constitutional. Some exercise no governmental power and can proceed only as an adjunct to another entity or on the basis of consent. This is the only basis on which magistrate judges and bankruptcy judges can proceed and may render some of their current behavior unconstitutional.
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