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

Hardcover | October 22, 2016

byGiacinto della Cananea

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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 therights 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 public authorities who operate on a regional or world regulatory footing, such as the European Union and the World TradeOrganization. Analysing the procedural due process requirements applicable 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 theworld. 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, such as good governance and cooperation between publicauthorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect when interpreting standards of justice.

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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 therights of its citizens. During the last few dec...

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 ...

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Format:HardcoverDimensions:240 pagesPublished:October 22, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019878838X

ISBN - 13:9780198788386

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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