Last edited by Kajijin
Friday, August 27, 2021 | History

2 edition of Improving juidicial review of administrative discretion in China found in the catalog.

Improving juidicial review of administrative discretion in China

Aiqin Zhang

Improving juidicial review of administrative discretion in China

lessons from Canadian experience

by Aiqin Zhang

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Published .
Written in English

    Subjects:
  • University of Toronto. -- Faculty of Law -- Dissertations.,
  • Judicial review of administrative acts -- China.,
  • Discretion (Law) -- China.,
  • Civil rights -- China.

  • Edition Notes

    Other titlesJuidicial review of administrative discretion in China
    Statementby Aiqin Zhang.
    The Physical Object
    Pagination55 leaves ;
    Number of Pages55
    ID Numbers
    Open LibraryOL19970543M


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Improving juidicial review of administrative discretion in China by Aiqin Zhang Download PDF EPUB FB2

This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciarys role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica.

Traditionally, courts review. 1 The Chinese-language literature on administrative litigation in China is too voluminous to cite her ; 2 E.Ian Johnson, China Grants Courts Greater Autonomy on Limited Matters, The New York Times, 2 ; 3 Hereinafter we refer to the amended Administrative Litigation Law as the ALL, and to the statu ; 1 Chinas laws and policies on the judicial review of government actions are.

Judicial Review of Government Actions in China. Wei Cui, Jie Cheng, and Dominika Wiesner. University of British Columbia, Peter A. Allard School of Law (Draft ) Abstract: Chinas laws and policies on the judicial review of government actions are often used as a bellwether of the governments attitude towards the rule of law.

Introduction. The Hong Kong Special Administrative Region (HKSAR) of the Peoples Republic of China merits special attention from comparative public law scholars because it presents a fascinating case study of how English administrative law has been indigenized in the only common law jurisdiction in East Asia.

1 Since Julythe judiciary in this former British dependency, 2 led by the Author: Eric C Ip, Po Jen Yap. of the administrative law of the Chinese Nationalist government see 2 A COMPILATION OF THE LAWS OF THE REPUBLIC OF CHINA ().

11 Oda, Judicial Review of Administration in the U. PuB.12 Ludwikowski, Judicial Review in the Socialist Legal System: Current Developments, 37 INT'L CoMP. 89, 91 (). Cited by: Judicial Review of Administrative Discretion in the Administrative State.

In our ongoing research project of which this book is a part, we seek to understand developments in Dutch administrative law against a broader comparative, European, and transnational backdrop. The focus is on how courts review.

Congress enacted the Administrative Procedure Act in In section (a)(1) and (2) the Congress by definition recognized the importance of administrative discretion by exempting judicial review of. This book deals with one of the greatest challenges for the judiciary in the 21st century.

It reflects on the judiciarys role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica. Traditionally, courts review acts of administrative bodies implying a degree of discretion with.

In book: Judicial Review of Administrative Discretion in the Administrative State (pp) Authors: Peter Lindseth. University of Connecticut; Download full-text PDF Read full-text. Judicial Review of Administrative Discretion in the Administrative State.

developed by the ombudsman and judicial review can be mutually influential and can help to work together to improve administrative practice. The second looks at how standards of public sector ethics and policies of avoiding corruption can be brought together from both. Chinese courts do not have the power of constitutional judicial review.

Courts do have limited powers of judicial review (for example, of specific administrative actions). And mechanisms of constitutional review are part of Chinas constitutional system (with the power of review vested in the National Peoples Congresss Standing Committee). c) Judicial Review Some improvement was seen in the judicial review systems, as China incorporated a rule, designating that administrative decisions could be the subject of judicial review (for example Anti-Dumping Regulation and Patent Law etc.

), and established the. This paper compares judicial control of administrative discretion in the UK and China and argues that despite the gap, China still has a tendency toward judicial initiative, which Improving juidicial review of administrative discretion in China book the thick meaning of the rule of law.

Further, this paper proposes that China should bridge the gap in a progressive way. Administrative discretion provides space for creativeness within administrative spheres and in actions of public authorities. Discretion in most cases is conferred by the legislature itself to achieve a designate object.

Having said that, increase of powers is perceived with skepticism as a prescription for arbitrariness. ] JUDICIAL REVIEW OF ADMINISTRATIVE 91 POWER vent of this century, the once absolute sovereignty of the nation state has been challenged by the idea of "global regulatory governance.

"'" Concomitant with these trends, the traditional understanding of ad-ministrative law as involving judicial review to resolve disputes be. Since judicial review of administrative action was fully established in China by the promulgation of the Administrative Litigation Law in ,4 there have been a number of significant developments in the area of administrative law, including legislative enactment of laws on state compensation, administrative.

In Beijing, the number of cases handled by court presidents increased by 52 year on year inwhile the number of cases submitted to the judicial committees for.

to avoid the judicial review. After Chinas accession to WTO, many laws which give the administrative organs the right to make final decisions are amended. For example, the Patent Law, amended inand the Trademark Law, amended indelete the provisions which give the.

A review of the debate on administrative discretion Administrative discretion is considered one of the many necessary evils of modern bur-eaucracy in the context of the rise of the administrative state.

Advocates argue that bur-eaucratic discretion is indispensable for a well-functioning government for a number of reasons. of judicial control over administrative action. There are avenues besides courts for bringing the proportionality principle to bear.

For instance, in China, the powerful State Council issued guidelines in that in essence instructed administrative bodies to exercise discretion proportionately (Huang and Law25). For that matter, while the. Foreign Investment in China. Book Description: China's legal system is characterized by the gap between law and reality.

Focusing on regulatory law, and with reference to the foreign investment area, this book identifies the functional and structural problems within China's administrative legal system that perpetuate this gap. charged with administering Chinas legal system.

7 Guiding cases have generated significant discussion among scholars and officials. Some proponents cite their potential to fill statutory la-cunae, unify legal standards, improve judicial efficiency, and limit ju-dicial discretion.

8 Others point generally toward returns to judicial. malfunctioning discretion into the scope of discretion defect.

The High Administrative Court has also preliminarily identified the possibility and limitation of judicial review through the interpretation about uncertain legal concepts of public order and moral.

Moreover, judicial practice has gradually applied and interpreted the type of judge. Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution.

The Structure of Administrative Litigation --Ch. Scope of Jurisdiction in Judicial Review --Ch. Jurisdiction of the People's Courts --Ch. Grounds for Judicial Review --Ch. Judicial Control of Discretionary Power --Ch.

Applicable Legislation in Judicial Review --Ch. Transforming judicial review 4. Making the law 5. Rules and discretion 6.

Regulation and governance 7. Regulatory design and accountability 8. Contractual revolution 9. Contract, contract, contract Into the jungle: complaints, grievances and disputes Tribunals in transition The Parliamentary Ombudsman: firewatcher or firefighter. An administrative court is a type of court specializing in administrative law, particularly disputes concerning the exercise of public role is to ascertain that official acts are consistent with the law.

Such courts are considered separate from general courts. The administrative acts are recognized from the hallmark that they become binding without the consent of the other involved.

These gaps in the system-all clearly analyzed and measured her for the reader-include the lack of clear delineation between legal and policy norms, the breadth of discretion accorded to bodies charged with legal interpretation and implementation, the limited scope of judicial review, and resulting problems of legislative inconsistency and.

The Draft has been significantly amended and revised from the draft released inwhere it attracted criticism on a number of matters, including sparking concerns of potential misuse in relation to the granting of sweeping, discretionary enforcement powers to the Patent Review Board (PRB), given Chinas frequent battles with corruption issues, and PRBs deficiencies in terms of legal.

As an important system of Chinas administrative law, the review system of administrative legality plays an important role in the development of the rule of law in China. The aim of this study is to explore the deficiencies and improvements of the legality review system. This study uses the method of comparative study and introduces the connotation.

"Job Security and Due Process: Monitoring Administrative Discretion Through a Reasons Requirement," 44 U. of Chi. Rev. 60 () "Lawyers for Social Change: Perspectives on Public Interest Law," 29 Stan.

Rev. () "Preclusion of Judicial Review in the Processing of Claims for Veterans' Benefits: A Preliminary Analysis,". This book examines administrative law in Asia, exploring the profound changes in the legal regimes of many Asian states that have taken place in recent years.

Political democratization in some countries, economic change more broadly and the forces of globalization have put pressure on the developmental state model, wherein bureaucrats governed in a kind of managed capitalism and public.

In parliamentary systems and presidential systems of government, primary legislation and secondary legislation, the latter also called delegated legislation or subordinate legislation, are two forms of law, created respectively by the legislative and executive branches of government.

Primary legislation generally consists of statutes, also known as 'acts', that set out broad outlines and. The power of Judicial Review is incorporated in Articles and of the Constitution insofar as the High Courts are concerned. In regard to the Supreme Court Articles 32 and of the Constitution, the judiciary in India has come to control by judicial review every aspect of governmental and public functions.

Experience the eBook and the associated online resources on our new Higher Education website. Go to site. For other formats please stay on this page. Administrative discretion abhiruchi jain.

Administrative tribunals Made in China: A Prisoner, an SOS Letter, and the Hidden Cost of America's Cheap Goods Amelia Pang then the principles of administrative law provide individuals with the ability to seek judicial review of the administrative action and possible remedies for the wrongful acts.

New Books. Eric C. Ip, Judging Regulators: The Political Economy of Anglo-American Administrative Law (Edward Elgar, ) []Joseph Heath, The Machinery of Government: Public Administration and the Liberal State (Oxford University Press, ) []Mariolina Eliantonio Caroline Cauffman (eds.

), The Legitimacy of Standardisation as a Regulatory Technique: A Cross-disciplinary and Multi-level. These documents are the apex of the Center's academic research. Our working papers are authored with the intention of publishing them in peer-reviewed journals at a later date, and our journal articles are setting the standard in their academic disciplines.

Sentiment and Uncertainty about Regulation By: Tara M. Sinclair Zhoudan Xie | J.