The article deals with judicial review of administrative action, seen from a comparative perspective. From this point of view, in the first part of the paper some relevant convergences and divergences among different legal systems will be stressed, with particular attention paid to the standards and to the intensity of judicial control. In the second part of the paper, attention will be given to the problem of unpredictability and uncertainty in judicial review of administrative decisions and to the risks and findings of these tendencies for the relationship between administrations and citizens. Finally, some possible solutions will be considered in order to streamline judicial review of administrative decisions, paying particular attention to the relevant features of the first instance procedure where administrative action takes place, as well as to the relevant features of Courts involved in the following judicial control. Indeed, only a clearer placement of judicial review within a “comparative institutional approach” may ensure a better balance between the need to protect individual rights and to control administrative powers, on the one hand, and the need to ensure a deeper predictability and certainty of Courts, on the other.
Streamlining judicial review of administrative decisions. a comparative Institutional approach / Moliterni, Alfredo. - In: RIVISTA TRIMESTRALE DI DIRITTO PUBBLICO. - ISSN 0557-1464. - STAMPA. - 2/2018(2018), pp. 1-41.
Streamlining judicial review of administrative decisions. a comparative Institutional approach
Alfredo Moliterni
2018
Abstract
The article deals with judicial review of administrative action, seen from a comparative perspective. From this point of view, in the first part of the paper some relevant convergences and divergences among different legal systems will be stressed, with particular attention paid to the standards and to the intensity of judicial control. In the second part of the paper, attention will be given to the problem of unpredictability and uncertainty in judicial review of administrative decisions and to the risks and findings of these tendencies for the relationship between administrations and citizens. Finally, some possible solutions will be considered in order to streamline judicial review of administrative decisions, paying particular attention to the relevant features of the first instance procedure where administrative action takes place, as well as to the relevant features of Courts involved in the following judicial control. Indeed, only a clearer placement of judicial review within a “comparative institutional approach” may ensure a better balance between the need to protect individual rights and to control administrative powers, on the one hand, and the need to ensure a deeper predictability and certainty of Courts, on the other.File | Dimensione | Formato | |
---|---|---|---|
Moliterni_streamlining-judicial-review_2018.pdf
solo gestori archivio
Tipologia:
Documento in Post-print (versione successiva alla peer review e accettata per la pubblicazione)
Licenza:
Tutti i diritti riservati (All rights reserved)
Dimensione
329.74 kB
Formato
Adobe PDF
|
329.74 kB | Adobe PDF | Contatta l'autore |
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.