There is a contradiction at the centre of tenancy practice and policy. On the one hand is the goal of sustaining tenancies to prevent homelessness and, on the other, a tribunal system for resolving ...tenancy disputes which is founded on achieving a "swift eviction". We analyse observations of tribunal hearings and mediations along with a sample of written orders. We ask whether the goal of sustaining tenancies can be achieved in a legislative framework originally intended to achieve swift eviction. We find that mediation creates space for determining a plan to pay off arrears but with little assurance the payments are accurate and realistic. Tribunal hearings for rent arrears allow limited discretion for continuing the tenancy, but even this discretion is restricted in practice. We conclude that there is a need to shift from "swift eviction" to recognising rent arrears as a consequence of poverty - one that requires support and intervention. While legislative change would support this shift, there is scope for significant improvement via process changes that borrow from the problem-solving approach of Te Ao Marama.
Nordic welfare state ideologies inform democratic and transparent land use and building practices. A closer examination reveals how variously these ideals are translated into practice. Finnish law ...strictly defines how building processes should proceed; however, a number of decisions still ignore the law, which can be seen in the complaints sent to the Administrative Courts. This paper examines the legality of Finnish land use processes through cases and interviews with judges. The findings suggest a need for a more critical spatio-legal analysis of planning that realizes the relationality of the law, and the invisible jurisdictions inherent in local decision making.
Recent years have seen growing interest in the judicialization of religious freedom (JRF). In this article, I identify two distinct meanings of JRF, which are often conflated but which need to be ...kept separate. I then argue for a stronger institutionalist approach to JRF. An institutionalist approach focuses our attention on both the rules internal to courts, and the relationship of courts to administrative agencies, legislatures, and other governing bodies. I argue that there is room to strengthen our analyses of JRF by paying greater attention to these institutional dynamics. I demonstrate this by highlighting two overlooked features of courts—interpretive rules and access rules—that are particularly important for governing JRF; and by developing a framework that relates the courts to other institutional venues and political actors. In so doing, I identify a number of promising directions for future research into the causes and consequences of JRF.
Inefficacious courts and limited judicial resources are a ubiquitous problem in many jurisdictions worldwide. To facilitate administration of justice, court administrators must therefore resort to ...unconventional practices. In Brazilian state and federal courts, judges normally assigned to the disposition of cases in a single domain are often directed to dispose cases in an additional domain, thus engaging in multidomain judging. Using a comprehensive court-level panel dataset, we investigate the consequences of multidomain judging for the efficacy of Brazilian administration of justice. In contrast to conventional wisdom, we find no evidence that multidomain judging reduces court efficacy in resolution of special-procedure cases and appeals to special-procedure cases. Multidomain judging evidently reduces court efficacy exclusively in the resolution of ordinary-procedure cases, and even then only when judges assigned to the disposition of those cases are instructed to additionally resolve special-procedure cases. We discuss plausible explanations for this and the policy implications of our findings.
Points for practitioners
Multidomain judging in Brazil is best viewed as a pragmatic policy response to binding resource constraints in justice administration. Our analysis reveals in what contexts multidomain judging does not appear to harm court efficacy and when, in contrast, a reduction in the extent of multidomain judging would improve court efficacy. Our article offers the first evidence-based insight into the efficacy repercussions of a pervasive yet understudied administrative practice in Brazilian courts. Because related administrative practices are known to exist in other jurisdictions, our findings have implications beyond Brazilian borders.
The article proves the Constitutional System of Ukraine guaranteeing means sustainable legal secure and effective protection of the Constitutional values and principles integral aggregate, which are ...form the core of it. To such fundamental politic-legal values are belong: freedom and legal limitation of the state power, human rights and freedoms, the rule of the people, legal-state and the rule of law, separation of powers, as well as a variety of other major constitutional principles. The conclusion was made that the main constitutional value protected by the administrative tribunal is freedom of person in all of its aspects coupled with the main human rights and freedoms as its form of practical implementation. There were analyzed forms and legal arrangements of the constitutional system of Ukraine guaranteeing by the administrative courts. Proved that safe guaranteeing of the constitutional system of Ukraine by the administrative courts is performing in the first place through the judicial protection of human constitutional rights and freedoms as well as by provision of the practical operation of the authority limitation principle and democracy ruling, the legal state and the rule of law. The basis for appellation against actions or decisions of the state power authorities, local governments’ bodies, and its officers as a non-legal in the administrative court is actions or decisions made above its powers, made in unintended form or by unestablished means. Concluded that effective constitutional system guaranteeing could be made only the real independent, authoritative administrative courts system, the establishment of which is one of the main targets for the state-legal building in Ukraine.
On the 20th anniversary of the Central European Public Administration Review (CEPAR), this study underscores the significance of the journal’s inclusion in indexing. Employing scient metrics, ...bibliometric techniques, and knowledge mapping, the analysis offers a comprehensive overview of CEPAR’s evolution over the past two decades, the challenges encountered following the journal’s indexing in Web of Science, and the distinctivecharacteristics of authorship patterns. The data used in bibliometric analysis was extracted from Web of Science and covers the period 2018– 2023 (103 papers), while the data for authoring analysis was collectedfrom the archives of journal volumes covering the period 2003–2023 (425 papers). Over its 21 years of existence, CEPAR has published a total of 425 articles with an average of 20 articles per year. These contributions represent the collaborative efforts of 684 authors from different countries, with the average article written by 1.61 authors. The trend in annual citations is positive, with citations increasing tenfold following indexation in Web of Science. The publications in the sample (bibliometric analysis) were written by 175 authors affiliated with 75 institutions, of which 84% contributed a single article to CEPAR’s evolution. In the five years since its indexing in Web of Science, CEPAR has garnered about 200 citations, approximately 33 per year. The most frequent topics include studies on performance, public administration, comparative analysis, e-government, administrative courts, and access to information.
This article highlights the spectacular growth of benefit sanctions in the United Kingdom which, at their peak, exceeded the number of fines imposed in the criminal courts. It proposes a three-fold ...typology of monetary sanctions — punitive judicial sanctions, exemplified by court fines, regulatory administrative sanctions, exemplified by parking penalties, and disciplinary administrative monetary sanctions, exemplified by benefit sanctions — and compares them in terms of their main aims, how they are imposed, whether the interests of those sanctioned are protected, their severity, the socio-economic characteristics of offenders, the hardship caused, how proportionate they are, and whether they are compatible with justice. It argues that they are particularly problematic because their severity causes great and disproportionate hardship, and because, in addition to punishing offenders, they also attempt to discipline them by managing their behaviour, and concludes that, in the United Kingdom, they function as a key instrument for disciplining and managing the poor.
Fifty-one years ago, in 'Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics', the Supreme Court announced a cause of action for money damages against federal officials under the Fourth ...Amendment. Over the next decade, the Court extended this cause of action to new contexts under the Fifth and Eighth Amendments. Then, the Court began to retreat, rejecting Bivens liability in the next eleven cases to raise such claims, often because of the presence of alternative remedies that the Court viewed as implicitly foreclosing Bivens relief. Last Term, in 'Egbert v Boule', the Court continued this streak, declining to extend Bivens to a Fourth Amendment excessive-use-of-force claim and a First Amendment retaliation claim against a Customs and Border Protection (CBP) agent. In reaching this conclusion, the Court determined that CBP's administrative grievance process "independently foreclosed" extending Bivens. Because this administrative process provided little protection or meaningful relief for complainants, the Court set a new floor for "alternative remedies" that foreclose a Bivens cause of action. Consequently, the Court implicitly rejected many potential Bivens claims, since the administrative procedures at most federal law enforcement agencies surpass this floor.
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