Mapping current issues in administrative justice: austerity and the ‘more bureaucratic rationality’ approach

Thomas, Robert; Tomlinson, Joe

doi:10.1080/09649069.2017.1363526

Cited by 17 publications

(11 citation statements)

References 4 publications

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“…Zdrok (2013) subjects the conclusion of C. Szymanski and K. Antolak-Szymanski (2020) to temporal analysis and emphasises that this definition has changed significantly over time, given the procedures that exist not only in parallel with the judiciary and judicial protection but also within the judiciary as an alternative to a full-scale trial. Similar positions are available in foreign scientific and international sources (Thomas and Tomlinson, 2017;Moltmann-Willisch, 2014;European Commission…, 2019).…”

Section: Literature Reviewmentioning

confidence: 80%

Alternative Dispute Resolution vs. Judicial Conciliation in the Civil Process of Transit States: A Comparative Study

Tykhanskyi¹,

Khotynska-Nor

Vasylyna

et al. 2021

Int. J. Criminol. Sociol.

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The study investigates the current problems of judicial and extra-judicial conciliation procedures (alternative ways of resolving civil disputes) in states that have just started implementing such a procedural tool. Despite the fact that the term "conciliation procedures” is actively used in the science of civil procedure, this category is rather vague in countries that are just beginning to apply judicial conciliation in parallel with other conciliation procedures. Priority attention is focused on practical, legislative, and scientific problems of applying this procedural tool for rapid resolution of legal conflicts in Ukraine, as a state that only in 2017 (and in fact since the beginning of 2018) introduced this legal innovation. The purpose of the study is to elaborate on the legal nature and correlation between judicial conciliation (settlement of civil disputes with the participation of a judge under Ukrainian legislation) and alternative ways of resolving civil disputes. The study is based on several scientific methods that have identified the logic and general direction of knowledge of the problem of judicial conciliation. In particular, to determine the legal nature, essence, criteria of correlation, and delimitation of alternative dispute resolution and judicial conciliation, the study used the dialectical scientific cognition method. The study engages in a comparative study of the statutory regulation of similar procedures in the Russian Federation and Belarus legislation. It is concluded that alternative dispute resolution and judicial conciliation are closely interrelated and, depending on their types, can sometimes manifest themselves as synonymous categories or institutions of law.

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Section: Literature Reviewmentioning

confidence: 80%

Alternative Dispute Resolution vs. Judicial Conciliation in the Civil Process of Transit States: A Comparative Study

Tykhanskyi¹,

Khotynska-Nor

Vasylyna

et al. 2021

Int. J. Criminol. Sociol.

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“…[13] The demand for rationality in the exercise of governmental power via administrative justice stimulates the values of openness, fairness and accountability in governance in the public sphere. [14] However, the reach of administrative law into the private sphere may be resisted on the argument that such an extension is likely to interfere in the working mechanism of a free market. [15] Indeed, earlier decisions of the courts tend to suggest that the limitation on the exercise of public power by the courts to control arbitrariness does not extend to the private sphere.…”

Section: Nature Of Administrative Justicementioning

confidence: 99%

Administrative Justice as Human Right: A Perspective from South Africa

Omidire¹

2021

IJLS

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Administrative justice should be a human right. However, it is not easily subsumed into the general body of human rights law because administrative law principles are largely procedural in character, hence, subject to domestic law. In some countries administrative justice is dependent on its development via common law by the courts, while in others is possible to have recourse to a constitutional provision permitting persons whose right is infringed by state action to seek constitutional redress. The article discusses administrative justice as a human right under the South African Constitution with a view to showing potential learning experience for other jurisdictions, and to possibly provide knowledge as to how best the legal framework pertaining to administrative justice could be developed to strengthen the protection of rights violated by action of government or those acting on its behalf. In South Africa, the Constitution and the PAJA constitute the source of the right to just administrative action while the common law ceases to have effect and will continue to inform the content of administrative law and other aspects of public law. The article shows how the Constitutional Court is empowered to develop the common law in relation to the application of the Bill of Rights to natural or juristic persons. The article concludes that constitutional and statutory provisions are available to facilitate the enforcement of the right to just administrative action, ensuring that every person 'has the right to approach a court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief.'

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“…42 The sort of tension that exists, particularly in administrative justice, between the imperative to be efficient and work rapidly through multiple cases on the one hand, and the imperative to be considered, deliberative, and just on the other (and to be seen to be so), has been identified as a key outcome of austerity politics. 43 When legal systems are under-resourced, bureaucratic logics of efficiency and targets threaten to overwhelm the ability of judges to be empathetic and listen carefully to cases -even assuming that their desire to do so persists in a bureaucratic environment. 44 It is partly for reasons of resource constraints that in-person court and tribunal hearings are becoming scarcer, with alternative, cheaper forms of dispute resolution acting as substitutes.…”

Section: Law and The Politics Of Speedmentioning

confidence: 99%

Law and Speed: Asylum Appeals and the Techniques and Consequences of Legal Quickening

Hambly

Gill

2020

Journal of Law and Society

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This article examines how a politics of speed is manifest in a legal context via a detailed ethnography of the French National Court of Asylum (CNDA). It identifies the temporal, spatial, and organizational ordering techniques that characterize asylum appeals in France and discusses the consequences of these techniques for the way in which the appeal process is experienced by legal decision makers and subjects. It reveals adverse impacts of legal quickening on legal quality, in particular through identifying: ‘cracks’ in the performance of legal roles like lawyer and judge that begin to appear when law is executed rapidly and repetitively; dwindling opportunities to demonstrate and experience respect between parties; and the ‘thinning‐out’ of legal process, as heuristics rather than deliberation come to dominate legal reasoning. The article contributes to a burgeoning body of socio‐legal literature on law and time by establishing the negative impact of excessive legal quickening on role performance, respect, and legal quality.

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Mapping current issues in administrative justice: austerity and the ‘more bureaucratic rationality’ approach

Cited by 17 publications

References 4 publications

Alternative Dispute Resolution vs. Judicial Conciliation in the Civil Process of Transit States: A Comparative Study

Alternative Dispute Resolution vs. Judicial Conciliation in the Civil Process of Transit States: A Comparative Study

Administrative Justice as Human Right: A Perspective from South Africa

Law and Speed: Asylum Appeals and the Techniques and Consequences of Legal Quickening

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